If you’ve been accused of or arrested for Domestic Battery 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.
Domestic Battery and related domestic criminal offenses are emotionally charged and particularly stressful. If you are being accused of a domestic battery charge, the assistance of a professional defense attorney will help you sort through the objective facts to get the best outcome in your defense against a suspicious criminal justice system. Call me a consultation on your Kansas domestic violence charges today. I understand what you are going through, and will fight for your fair treatment under the law.
In most cases, following an arrest for domestic battery, a 72 hour no contact order will be put in place to keep you away from the alleged victim. It is important that you abide by any court order to refrain from contact with the victim, even if you are not guilty of the crime. If you violated any restraining or no contact orders, you can be charged with additional crimes even if you are found not guilty of the domestic battery charge.
What is Domestic Battery?
Domestic battery is defined in Kansas statute (KSA 21-3412a) as intentionally or recklessly causing bodily harm to someone who qualifies as a domestic relationship, or intentionally causing physical contact with a person that is done so in a rude, angry, or insulting manner.
Domestic charges don’t just occur between spouses. The domestic relationship between the alleged victim and defendant can be that of: spouses, former spouses, parents, stepparents, children and stepchildren (over 18 yrs. of age), roommates, past roommates, people with a child in common, or people with an unborn child in common.
What are the Criminal Penalties for a Domestic Battery Charge?
If you are charged with domestic battery, your potential sentence and penalty depends on any prior domestic offenses or incidents. The punishments get progressively worse as the offense is repeated. While waiting for your domestic battery case to go to court, your best course of action is to stay away from the alleged victim.
First Offense Penalties: If this is the first domestic battery charge you have encountered you are facing a Class B misdemeanor which carries a minimum of 48 hours in jail and up to 6 months. You will also pay at least $200 and not more than $500 in fines.
Second Offense Penalties: The potential sentence for a 2nd offense within 5 years, you will be charged with a Class A misdemeanor and serve at minimum 90 days in jail and up to 1 year in jail if you are convicted. You will also be required to pay fines of $500-$1,000.
Third Offense Penalties: If this is a 3rd offense Kansas domestic battery charge within 5 years it becomes a felony. You will serve 90 days to 1 year in jail and pay $1,000 to $2,500 in fines if you are convicted of the offense.
Can I Beat the Charges? What Can a Criminal Defense Lawyer Do for Me?
With a domestic violence related charge, the courts are very unlikely to be lenient. They tend to prosecute these charges very aggressively. Even in the victim states they no longer wish to “press charges”, the state of Kansas can still pursue the battery charge regardless.
As your attorney, I can do several things…
- I can contest the facts and nature of the evidence against you. I can help explain why the case is not worthy of prosecution, and that the evidence is weak and overstated.
- I can make things difficult for the prosecution, by challenging all the facts, filing extended motions, threatening to take the case to trial if they don’t act reasonably and in good faith.
- I can argue for leniency, present character witnesses, and propose alternatives to prosecution such as anger management classes.
Knowing that you have a person fighting on your behalf can make a huge difference for you at this difficult time.
While all criminal charges are tough to face, when the alleged victim is someone who you have or did have a relationship with, it makes it even harder. Kansas laws are set up to protect the victim and are not always designed to be fair to the accused. If you are being accused of something you didn’t do or if you did something you later regretted, I can help you through the process and get you the fair treatment you deserve.
Please call me for a free consultation about any Kansas domestic violence, domestic assault or other criminal charge. I’ll let you know how I can help your through this difficult situation. Call me at my Overland Park office at (888) 439-4244.
– Attorney Mark Hagen