If you’ve been accused of or arrested for a Criminal Charge in Kansas, you need an experienced criminal lawyer to help you through it. Take advantage of our free consultation and make an informed decision about how you want to proceed. You have nothing to lose by calling. I’ll give you some free advice either way. Call now, 888-439-4244.
Kansas has a complicated system of criminal charge classifications and related sentencing guidelines. This system and how it works can be confusing even for law savvy individuals. The best way to understand what kind of sentence you may be facing is by consulting with an experienced criminal defense attorney like myself. I can explain your charges, and the most likely outcomes in a free Kansas criminal charge consultation. More importantly, I’ll tell you what I can do to help you in your situation. Helping people charged with criminal offenses in Kansas is what I do.
Misdemeanor Charges
Kansas misdemeanor classifications and sentences are very straightforward. If you are charged with a misdemeanor, it is classified as a Class A, B, or C rating according to Kansas criminal statutes.
| Class | Penalty/Sentence | Examples of Misdemeanor Offenses |
|---|---|---|
| Class A Misdemeanor | Up to 1 year in jail | Bad Checks under $1000, DUI 2nd Offense, Possession of Marijuana, Theft/Shoplifting, Harassment |
| Class B Misdemeanor | Up to 6 months in jail | DUI, Criminal Damage to Property Under $1000, Suspended License |
| Class C Misdemeanor | Up to 1 month in jail | Hit and Run w/Property Damage |
All misdemeanor charges are also subject to fines.
Felony Charges
Felonies in Kansas are classified by “severity level”. A crime’s severity level is dictated by Kansas criminal statute. The severity levels in Kansas range from Level 1 through Level 10, with Level 1 felonies being the most serious. Drug offenses are classified separately and there are only 4 levels of severity.
Each severity level is then broken down by number of previous felony convictions. This simply means that the more prior felony convictions you have, the harsher your current sentence will be.
For each crime there is a range that the judge can sentence within. The middle of the range, called the presumptive sentence, is the average. The judge can depart from the presumptive sentence if there are circumstances within your crime or circumstances about you that the judge believes warrants a harsher or more lenient sentence.
This grid represents just a portion of the felony sentencing guidelines for non-drug offenses. The middle number in bold on each offense represents the presumptive sentence, with the others representing the maximum and minimum jail sentence in months.
| Severity Level | 1 prior person Felony | 1 prior non-person Felony | 2+ prior Misdemeanors | 1 Misdemeanor or No Criminal Record | Charges |
|---|---|---|---|---|---|
| I | 267-253-240 | 203-195-184 | 186-176-166 | 165-155-147 | |
| II | 200-190-181 | 145-146-138 | 138-131-123 | 123-117-109 | |
| III | 100-94-89 | 77-72-68 | 71-66-61 | 61-59-55 | |
| IV | 69-66-62 | 52-50-47 | 48-45-42 | 43-41-38 | |
| V | 55-52-50 | 43-41-38 | 38-36-34 | 34-32-31 | |
| VI | 36-34-32 | 26-24-22 | 21-20-19 | 19-18-17 | |
| VII | 26-24-22 | 17-16-15 | 14-13-12 | 13-12-11 | Aggravated Assault |
| VIII | 17-16-15 | 11-10-9 | 11-10-9 | 9-8-7 | |
| IX | 13-12-11 | 9-8-7 | 8-7-6 | 7-6-5 | |
| X | 10-9-8 | 7-6-5 | 7-6-5 | 7-6-5 | Stalking, Leaving the Scene of An accident (Great Bodily Harm) |
Felony Drug Charges
Person felonies are felonies committed against someone. These are more serious because they have the potential to hurt someone. Examples of person felonies are robbery, rape, and assault.
Non-person felonies, also referred to as property felonies, are those committed against property. Things like theft and forgery fall under this heading.
Some offenses carry a sentence of “presumptive probation”. This means that because the severity of the offense, relative to others is minor enough that it is presumed that you will be sentenced to probation rather than active prison time. Offenses with a Presumptive probation are severity level 7-10, and level 6 without prior felony convictions.
More serious felony offenses have a presumptive imprisonment. This means it is assumed you will be serving jail time. Presumptive imprisonment offenses are severity level 1-4, and severity level 5 if you have prior felony convictions on your record. (See my drug dealing page for that chart and more info.)
Please call me for a free consultation about any criminal offense, felony or misdemeanor Kansas criminal charges. I’ll let you know exactly what I can do to help you through this difficult and unpleasant experience. Call me at my Overland Park / Kansas City office at (888) 439-4244.
– Attorney Mark Hagen
Mark Hagen
Mark Hagen
Law Offices of Mark Hagen
(888) 439-4244