Johnson County Assault Lawyer
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 a Johnson County assault lawyer.
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.
Contact an Experienced Johnson County 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 Johnson County. As a Johnson County 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.