Understanding Assault & Battery Charges in Kansas
Once police are called to the scene of a physical altercation, there’s a high chance that someone is going to get charged. In Kansas, assault and battery charges are related but distinct offenses that can lead to serious penalties like jail time, fines, and a criminal record. Understanding these crimes and how to fight charges in court is key to protecting your rights and securing a favorable outcome in your case, and avoiding harsh penalties.
At Henderson Legal Defense, we represent clients across Kansas facing serious criminal charges. Whether you are accused of starting a fight in public, committing domestic abuse, or threatening someone with bodily harm, our award-winning attorney can gather evidence and question the basis of the allegations to protect you from potentially life-altering penalties. Call 913-359-3789 today to schedule your free initial consultation.
Understanding Assault Versus Battery
While the state’s assault and battery laws are clear on what separates the two types of crime, the line between these two offenses can be blurry in practice. In some cases, defendants may be charged with both crimes.
What Counts as Assault in Kansas?
According to Kansas Statute § 21-5412, assault occurs when someone knowingly places another person in reasonable fear of immediate harm. You do not have to physically make contact with the victim to be charged with assault.
Examples of assault could include:
- Yelling, “I’m going to knock you out,” while moving aggressively toward someone
- Raising your fist as if to punch
- Threatening someone with a weapon, even if you never use it
What Counts as Battery in Kansas?
Battery, under Kansas Statute § 21-5413, involves intentional or reckless physical contact done in a rude, angry, or harmful way.
Examples of battery include:
- Shoving someone during a heated argument
- Slapping someone in the face
- Punching someone in the chest
- Throwing an object at someone
- Grabbing someone forcefully by the arm
Assault is about creating fear in someone, while battery is tied to physical contact. Either crime can be charged as a misdemeanor or felony, depending on the circumstances of the case and the presence of aggravating factors like weapons. While either crime can be charged individually, prosecutors often pair the offenses in court.
Assault can be charged when someone makes a threat, but there is no physical contact. Battery charges can result when someone hits another person without warning. In cases where someone makes a threat of violence and then acts on it, that individual could face dual charges of assault and battery.
Aggravating Factors for Assault and Battery
When someone threatens or attacks a vulnerable or protected group, aggravating factors can lead to enhanced penalties that often elevate the charge from a misdemeanor to a felony. In Kansas, these aggravating factors are outlined directly in the state’s statutes and can significantly increase the severity of the penalties you face.
Common Aggravating Factors
Aggravated assault and aggravated battery are serious crimes under Kansas law, and a conviction can lead to confinement in jail or prison. These elevated charges are applied when certain facts make the offense more dangerous, more harmful, or more disruptive to public safety. If any of the following elements are present in your case, the prosecution may pursue felony charges.
Common aggravating factors include:
- Use of a deadly weapon, including firearms, knives, or blunt objects
- Causing great bodily harm, disfigurement, or permanent injury
- Assaulting or battering someone in a protected class, such as law enforcement, healthcare workers, or school employees
- Committing the act while committing another felony, like burglary or robbery
- Disguising your identity during the offense
If any of these elements are present, you could be charged with aggravated assault or aggravated battery, both of which are felonies under Kansas law. Felony charges leave a permanent mark on your record that can make finding housing and gainful employment very challenging.
Criminal Defense Strategies for Fighting Assault and Battery Charges
Given the serious consequences that come with a conviction for assault or battery, fighting the charges upfront can offer the strongest chance for avoiding heavy penalties or any penalties at all.
Police are often quick to arrest and charge someone, and weak evidence may not hold up in court. The key to building a strong defense is to identify what really happened and get your side of the story across. Common effective legal defenses include:
- Arguing that your actions were in self-defense
- Providing evidence that the victim was willfully engaged in the fight
- Demonstrating that you did not intend to cause fear or harm
- Questioning the credibility of the witness or victim
- Arguing that you were mistakenly identified
- Showing that there is insufficient evidence to prove guilt
The right defense strategy depends on your specific charges, the evidence against you, and how the case was handled from the moment of arrest.
Why Legal Representation Matters
Assault and battery charges are aggressively prosecuted in Kansas. Even a first-time offender could face serious consequences upon conviction. When defendants are facing these types of charges, they know to rely on a criminal defense attorney who understands the law and the local justice system.
An attorney is an important advocate who protects your rights throughout the court process, gathers evidence to support your exoneration, and tirelessly works to chip away at the prosecution’s case. Our attorneys at Henderson Legal Defense take these steps to seek reduced or dismissed charges for their clients. If the optimal outcome comes from plea bargaining, we can make the case for leniency from the courts, so you do not face the most serious penalties under the law.
Contact Henderson Legal Defense To Fight Assault or Battery Charges
Defendants in Kansas know where to turn when they are facing serious criminal charges. Our lead attorney, Courtney T. Henderson, is highly respected in his field and has been recognized by Super Lawyers and The National Trial Lawyers Top 100.
Whether you’re accused of disorderly conduct or a violent felony, we’re prepared to fight for your future. Call 913-359-3789 now to schedule your free consultation and begin preparing your defense.