May 29, 2020 | Criminal Defense |

What are Defenses to Aggravated Assault in Kansas?

If you have been charged with aggravated assault in Kansas, you could be facing up to 34 months of prison time, and you could be forced to register with the state’s violent offender registry for up to 15 years. During this period, your conviction will not be eligible for expungement. As a result, you need to take your case very seriously, and you should speak with a Shawnee assault lawyer as soon as possible to find out what defenses you have available.

While the defenses you can use to mitigate the consequences of your aggravated assault arrest will depend on the specific facts of your case, there are numerous potential defenses to aggravated assault in Kansas. Some examples of these defenses include:

1. You Did Not Know that Your Conduct Would Place the Alleged Victim in Fear of Immediate Bodily Harm

In order to prove that you committed aggravated assault, the prosecution must be able to establish that you knowingly placed another person in reasonable fear of immediate bodily harm. If you did not know that your conduct would place the alleged victim in fear of immediate bodily harm, then you did not commit an aggravated assault.

2. A Reasonable Person Would Not Have Been Scared Under the Circumstances Involved

In order to establish guilt for aggravated assault, the prosecution must also prove that the alleged victim “reasonably” feared for his or her safety. If the alleged victim feared for his or her safety but a reasonable person would not have been scared under the circumstances at hand, this may provide a complete defense to criminal culpability.

3. You Did Not Use a Deadly Weapon, Wear a Disguise or Intend to Commit a Felony

Under Kansas law, the crime of aggravated assault also requires either (i) use of a deadly weapon, (ii) use of a disguise to conceal your identity, or (iii) the intent to commit a felony. If none of these apply in your case, then your attorney may be able to have your aggravated assault charge dismissed; and, if not, you will be entitled to a “not guilty” verdict at trial.

4. You Acted in Self-Defense or In Defense of Someone Else

If you were acting in self-defense or in defense of someone else, this can provide a complete defense to aggravated assault even if you knowingly placed another person in reasonable fear of immediate bodily harm. This is what is known as an “affirmative defense.” Presenting affirmative defenses presents unique challenges, and you will need to approach this strategy carefully with the help of an experienced Shawnee assault lawyer.

5. The Police or Prosecutors Violated Your Constitutional Rights

Under the U.S. Constitution, you have several fundamental rights before, during and after your arrest. If police or prosecutors violated your constitutional rights (i.e. by conducting an unlawful search or withholding exculpatory evidence), this could provide a defense in your aggravated assault case as well.

Schedule a Free Consultation with Shawnee Assault Lawyer Jerry Merrill

If you are facing an aggravated assault charge in Kansas, we encourage you to contact us immediately for a free consultation. To discuss your case with Shawnee assault lawyer Jerry Merrill in confidence, call 913-381-2085 or tell us about your case online now.

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Merrill Law Firm

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7211 West 98th Terrace, Building 4, Suite 140
Overland Park, Kansas 66212

T. 913-381-2085 | F. 913-341-1130

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