Overland Park Battery Charges, Criminal Defense Lawyer
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Have you been charged with Battery?

The diverse makeup of the Kansas City metro area and the close proximity we find ourselves to others can often lead to conflict and confrontations between individuals. Whether is be at work, in school, at home, or out and about in everyday life conflicts arise and those conflicts sometimes manifest themselves physically between two people. It may have been a heated argument that got out of hand or a serious attack on someone. However it happened you might now be facing a battery charge and be embarrassed, confused, and in need of legal help.

Battery is a serious matter, there is no such thing as a battery case that is "no big deal." Not only is the accused looking jail time, a fine, and a criminal record but a battery conviction can have a lasting detrimental impact on someones future. A battery conviction on your criminal record will hurt you long after you have served your punishment with the courts. A conviction for battery will interfere with your employment opportunities, it may make it difficult for you to obtain a professional license, and it may cause you a host of other problems. Make no mistake, you are fighting for a lot more than just jail time and a fine, you are fighting for your future.

If you have been charged with battery and you have questions you need the help of an experienced criminal defense lawyer. The criminal defense lawyers at Copley Roth and Davies are here to help answer those questions and put your mind as ease. The head of our criminal defense team would be happy to sit down with you and explain the criminal charges against you, the possible range of punishment you are looking at, and hear your side of the story. If you find yourself charged with battery you need the help of an attorney that has handled battery cases before and can apply that knowledge to your case.

If your looking at Battery charges call (913) 732-3014 for a free consultation.

The criminal defense experts at Copley Roth and Davies LLC want you to understand your criminal charges and where you fit in, in the criminal justice system. Here are a few common questions that people ask when charged with Battery.

What is the law on Battery in Kansas?

In Kansas, there are several different types of battery. Simple Battery, Domestic Battery, Battery on a Law Enforcement Officer, Aggravated Battery, and Aggravated Battery on a Law Enforcement Officer are all different types of a Battery charges. These different types or classifications have a dramatic impact on the seriousness of your charge. The differences between the charges are numerous some types are a misdemeanor others are felony, some require mandatory jail time, some do not. You need to sit down with an experienced criminal defense lawyer to explain the differences and the implications of your charge to you.

Here is the basic Kansas law on Battery:

Battery is:
(1) Intentionally or recklessly causing bodily harm to another person; or
(2) intentionally causing physical contact with another person when done in a rude, insulting or angry manner.
(b) Battery is a class B person misdemeanor.

How much jail time am I facing?

This is probably the most important question on a defendant's mind. It is also one of the most difficult to answer without knowing more facts especially when talking about a battery charge. Because there are many ways that Battery can be charged as mentioned before it is particularly difficult to determine the punishment range. In Kansas, punishment for a felony crime is largely determined by a sentencing grid. To keep sentences uniform from jurisdiction to jurisdiction the legislature has promulgated the Kansas Sentencing guidelines. The guidelines put forth a grid that guides a judge while sentencing a guilty person. The grid takes into consideration three different factors.

1. The guilty person's criminal history
2. The severity level of the crime they committed
3. Any aggravating or mitigating circumstances

Once a defendant's guilt has been determined then the judge will order a Pre-Sentence Investigation (PSI) of the defendant to determine his criminal history score as well as any aggravating or mitigating circumstances. Armed with that investigation the judge will then look at the severity of the crime and determine a defendant's punishment.

Battery as normally charged is a Class B misdemeanor and is not subject to the sentencing grid. A person charged with simple battery is looking at up to 6 months in a county jail.

Domestic Battery can be either a Class A misdemeanor or a Class B misdemeanor depending on the defendants criminal history. A person charged with Domestic Battery is facing 6 months in county jail if it is charged as a Class B, or one year in county jail if charged as a Class A. Anytime someone is charged with Domestic Battery they are looking at Mandatory Jail time.

If someone is charged with Aggravated Battery they are looking at a felony charge. The severity levels range from 8, 7, 5. up to a 4. Depending on the severity level of the crime, the person's criminal history , and the facts of their particular case they are facing 7 months on probation all the way to 172 months in prison.

If someone is charged with Battery on a Law Enforcement Officer they can be looking at a Class A misdemeanor and be facing up to 12 months in county jail or they can be looking at a severity level 5 or 7 felony. Depending on the persons particular criminal history and the facts of the case they may be looking at anywhere from 11 months in custody all the way to 136 months in prison for the felony charge. **A Special Sentencing Rule applies to any battery on an law enforcement officer if the battery resulted in "bodily harm" any probation sentence becomes presumptive incarceration

Is someone is charged with Aggravated Battery on a Law Enforcement Officer they are looking at a felony charge and depending on the severity level , the person's criminal history, and the facts of their particular case they are facing 38 months in prison all the way to 247 months in prison.


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