Have you been arrested for assault or battery in Kansas? Our Olathe assault and battery attorney at Garretson & Toth, LLC will fight for you and support you through the legal process. Our violent crime lawyers are knowledgeable in Kansas criminal law and have the expertise to confidently provide the best representation for your assault or battery case.
We understand the stigma associated with these highly contested charges and the emotion that comes with defending against these accusations. We will work closely with you throughout the entire legal process and ensure your rights are protected every step of the way. The Olathe assault & battery attorney at Garretson & Toth, LLC will be beside you in pursuit of justice, serving as the personal advocate for your defense.
What Is the Difference Between Assault and Battery?
Although the terms "assault" and "battery" are often used interchangeably, it is essential to understand that they are, in fact, two separate violent crimes. Generally, assault is the act of making another person fear for their safety, while battery is the actual unwanted physical contact with that person. No bodily injury must occur to be charged with either offense, as assault and battery are considered crimes of intent. However, there must be a case present in which the perpetrator intended to cause harm to convict them for assault or battery. Additionally, depending on the severity of an individual charge and the circumstances of the case, an offender could face various penalties, including fines and prison time.
What Is Assault?
According to Kansas Code §21–3408, assault can be defined as any deliberate act or verbal threat that makes another person fear for their personal safety.
The victim must only need to show that they felt imminently threatened at the time of the incident – meaning that you could be charged with assault even if you had not actually carried out an act of violence against them.
What Is Battery in Law?
According to Kansas Code §21–3412, battery can be defined as a crime in which one person physically inflicts harm upon someone else. This could include any act of slapping, shoving, punching, kicking, etc.
In order to prove that a person is guilty of battery, however, it must be shown that physical contact was made.
In the state of Kansas, one may be subjected to a number of different legal penalties for committing either an assault or battery offense. Even if no one was harmed in the incident, the offender could still face jail time and hefty fines. For this reason, it is crucial that you get in touch with our Olathe criminal lawyer from Garretson & Toth, LLC if you have been accused of committing any degree of assault or battery.
Types of Charges & Corresponding Penalties
- Simple Assault – One could be charged with simple assault if they have intentionally acted out in a manner that has made someone else fear for their personal safety. Should they be convicted of this misdemeanor, the offender could face up to 30 days in jail and a $500 fine. If the victim of the assault was a law enforcement officer, the penalties would increase to up to one year in jail and a $2,500 fine.
- Aggravated Assault – One could be charged with aggravated assault if the incident was carried out with the use of a deadly weapon, the offender wore a disguise or the intent was to commit a felony. In lieu of a conviction, the penalties could range from two years of probation to 34 months in prison. If it was a law enforcement officer that was assaulted, the penalties may range from two years of probation to 46 month in prison.
- Simple Battery – One could be charged with simple battery if they have intentionally or recklessly caused another person physical harm. The offense may be classified as either a misdemeanor or a felony, as it depends on the circumstances of the incident. The penalties may include up to 136 months in prison and a $2,500 fine, but they could vary if the victim was a law enforcement officer or a school employee.
- Aggravated Battery – One could be charged with aggravated battery, a felony offense, for a number of different reasons. If they have intentionally inflicted serious bodily harm and/or disfigured the victim, they could face up to 38 months in prison, while recklessly causing great bodily harm could result in up to 172 months in prison. If the victim was a law enforcement officer, however, one could expect to face up to 247 months in prison.
- Domestic Battery – One could be charged with domestic battery if they have inflicted harm upon a member of their household. The penalties will depend on whether it is a first, second or third offense. For example, a first offense could result in up to 6 months in jail and a $500 fine, a second offense could result in up to one year in jail and a $1,000 fine and a third (or subsequent) conviction could result in up to one year in jail and a $7,500 fine.
Speak with Our Johnson County Criminal Defense Attorney
If you have recently been arrested and charged with either assault or battery, you should waste no time in contacting an Olathe criminal defense lawyer from our firm. You could be facing serious time behind bars, so it is highly recommended that you take action while there is still time. Fortunately, getting started is easy – simply pick up the phone and give us a call.
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