Charged with Battery in Kansas? Here’s What You Need to Know
In Kansas, battery can be charged as a misdemeanor or a felony depending on the circumstances involved. In either case, a conviction can lead to incarceration, fines and other consequences. Avoiding these consequences requires experienced legal representation; and, if you have been arrested for battery in Johnson County, you need to speak with a lawyer right away.
Here are five other important facts about facing a battery charge in Johnson County, Kansas:
1. You Do Not Need to Cause an Injury to Be Guilty of Battery
Under Kansas law, you do not need to cause an injury in order to be guilty of battery. All Kansas’s battery statute requires is a rude, insulting, or angry touch. Simply placing your hand – or even your finger – on someone else’s person can potentially be enough to support a charge for battery in Kansas.
2. Using a Weapon or Causing Serious Injury Can Elevate Your Charge to Aggravated Battery
If you had a weapon in your possession at the time of the alleged altercation, or if the victim suffered serious injuries, then you could be charged with aggravated battery. Aggravated battery is a felony offense that can carry anywhere from 34 to 172 months in prison.
3. You May Be Able to Claim Self-Defense
Self-defense is a viable defense to battery and aggravated battery charges in Kansas. In order to assert this defense successfully, you must be able to demonstrate that you acted out of a reasonable fear for your own personal safety.
4. There are Many Other Defenses to Battery As Well
In addition to self-defense, there are numerous other potential defenses to Kansas battery charges as well. These include:
- Defenses focused on combating the allegations against you (i.e. you have an alibi or you did not use a weapon as alleged).
- Defenses focused on your constitutional rights (i.e. the police arrested you or executed a search without probable cause).
- Defenses focused on the prosecution’s burden of proof (i.e. the prosecutors do not have sufficient evidence to prove your guilt beyond a reasonable doubt).
5. You Need to Fight Your Charge in Order to Avoid a Conviction
Regardless of the facts of your case, if you have been charged with battery or aggravated battery in Johnson County, you need to fight your charge in order to avoid a conviction. Your case is not simply going to go away, and it is up to you to assert your defenses and protect your constitutional rights. In order to make sure that you are not wrongfully convicted or unduly sentenced, you need to take action, and this starts with hiring an experienced defense lawyer to represent you.
Discuss Your Case with Johnson County Battery Lawyer Jerry Merrill
The early stages of your case will move quickly, and mistakes made now could make it more difficult to negotiate a favorable plea deal or win a not-guilty verdict at trial. To discuss your battery charge with Johnson County defense lawyer Jerry Merrill in confidence, call 913-381-2085 or request a free consultation online today.