Overland Park Aggravated Assault Attorney

Assault and aggravated assault are crimes in Kansas which are based on threats or actions that place someone else in fear of bodily harm. Many people wonder how they were charged with assault since they never actually touched anyone. Although many states use assault to describe a crime where someone physically hurts someone else, physical contact is not required in Kansas.

While assault and aggravated assault are related criminal charges, there are significant differences for each regarding penalties and what happens after charges are filed. If you are charged with either, it is important to know what to expect and to understand important next steps by speaking with an Overland Park aggravated assault attorney.

What Makes an Assault Aggravated?

Assault can turn into an aggravated assault if a deadly weapon is used.  Guns and knives are classic examples of deadly weapons, but any item can be classified as a deadly weapon if it could be used to inflict serious bodily harm or death.  This can broaden the definition to include almost any type of hard object. So, although a plate or maybe broomstick seems harmless, when used as a weapon, there is a chance that it could cause serious bodily harm. Compare this with using a paper plate or a foam broom, in which there is very little possibility if any that serious bodily harm or death could occur.

Being Charged with Aggravated Assault

Aggravated assault is charged at the district court level and qualifies as a level seven felony offense in that state of Kansas. As such, prison sentences can be severe. Level seven felony offenses are punishable by up to 34 months in prison, and convictions will stay on a person’s record for at least three years.

Kansas also has a violent offender registry which is similar to the sex offender registry. A judge may order anyone convicted to register for up to 15 years. This can show up on a background check and impact employment or your ability to obtain housing.  Aggravated assault charges cannot be expunged while you are on the violent offender registry and could stay on your record for an extended time.

Depending on the facts of your case, probation may be something the judge considers. Whether or not a judge grants probation in an aggravated assault case is determined by the severity of the offense and criminal history.  For example, when a firearm is involved, the sentencing guidelines’ default is prison time, even if the accused has no prior criminal record.

Fighting Aggravated Assault Charges

In order to be convicted of aggravated assault, the prosecutor must show that you knowingly placed another person in reasonable fear of harm with a deadly weapon.  The most successful strategy for beating charges will likely focus on whether you had knowledge your conduct would scare someone, whether a reasonable person would have been scared, or whether you actually used a deadly weapon.  If one of these is not present, the charge may have to be dismissed.

What is Assault and What Makes it Different from Battery?

The terms “assault” and “battery” are often used interchangeably, but in Kansas, they are two separate offenses with different elements.

Assault is placing another person in reasonable fear of imminent bodily harm, and it does not require contact. For example, lifting your fist, waving a weapon, or otherwise threatening someone can be assault if the victim reasonably believes they are about to be hurt.

Battery, by contrast, does require some level of physical contact. It is knowingly or recklessly causing bodily harm to someone else or intentionally engaging in unwanted or offensive touching, such as pushing or hitting.
The difference is important because prosecutors have to prove different elements to convict on assault than they do for battery. Assault charges focus on the threat and the victim’s reasonable fear of harm. Battery charges require showing a physical impact. Assault can be a misdemeanor or a felony depending on the circumstances. Aggravated factors, like the use of a deadly weapon or intent to commit another felony, can raise simple assault to aggravated assault, a felony.

Kansas Law on Aggravated Assault

Kansas statute K.S.A. § 21-5412 defines aggravated assault as committing an assault under one of the following situations:

• With a deadly weapon
• While disguised or concealing identity
• With intent to commit a felony

Aggravated assault is a severity level 7 person felony. This can mean many years in prison, probation, and thousands of dollars in fines. It rises to a severity level 6 person felony if the alleged victim was a law enforcement officer and one of the above aggravating factors also applies.

In addition to prison time, an aggravated assault conviction has lifelong consequences, including a permanent felony record, loss of firearm rights, possible requirement to register as a violent offender, and major barriers to employment and housing. This is why having an effective Overland Park aggravated assault attorney by your side is essential in these cases.

Defenses Against Aggravated Assault Charges

A strong criminal defense can make all the difference. Just because someone claims you assaulted them, doesn’t mean the prosecutor can prove it. Some common defenses to aggravated assault include:
Self-Defense or Defense of Others: Kansas law permits the use of reasonable force to protect oneself or another from perceived imminent harm.

• Defense of Property: Kansas has strong “stand your ground” and “castle doctrine” laws that may apply to cases involving defense of a home, vehicle, or workplace.
• Lack of Intent: The prosecution must prove you knowingly engaged in conduct that caused fear. If you did not mean to threaten or were unaware that it could cause fear, that element may be negated.
• No Reasonable Apprehension: If the alleged victim’s fear of being harmed was not reasonable, then the assault element cannot be met.
• No Deadly Weapon: If an object is not capable of causing serious injury or death, it may not qualify as a deadly weapon for purposes of the charge.
• Procedural or Constitutional Violations: Illegal searches, a lack of Miranda rights, or other forms of police misconduct may suppress evidence or derail a case.

Each potential defense depends on the facts, evidence, and witness testimony. An experienced aggravated assault attorney will investigate and know which defenses to raise in your case.

Why You Need an Aggravated Assault Attorney

Facing a felony aggravated assault charge is terrifying. These are serious crimes, and if convicted, you could be facing decades of consequences. You need a skilled criminal defense lawyer who will:

• Investigate facts, evidence, and witnesses
• Know defenses to raise and how to present them
• Attack weaknesses in the prosecutor’s case
• Suppress illegally obtained evidence or argue for dismissal
• Negotiate with prosecutors for charge reductions or alternative sentencing
• Fight for you in court if a trial is needed
• Protect your rights and work to limit long-term impact

Overland Park aggravated assault attorney Jerry Merrill knows how frightening and stressful an aggravated assault or other serious felony charge can be. We provide aggressive, client-focused defense for clients charged with these offenses throughout Kansas. We are committed to protecting your freedom, your record, and your future. Do not hesitate to contact us for assistance.

Contact an Experienced Overland Park Aggravated Assault Lawyer Today

If you have been arrested and charged with assault, having an aggressive, intelligent defense is important. I’m Jerry Merrill, a criminal defense attorney in Overland Park. As an aggravated assault lawyer, I have years of experience representing criminal defendants in a range of disputes, including those that involve aggravated assault.

As a former prosecutor, special counsel, and occasional pro tempore judge, I use all of my skills to negotiate with the prosecution and fight your charges. I also firmly believe that everyone deserves to have an attorney who cares about their case and will work hard to get the best possible outcome. All of my clients are given my cell number, and I reply to calls and texts within the same day. If needed, I have weekend and evening hours.

This is your life, and you need to be confident in your defense.

Call 913-381-2085 for a free consultation.