Johnson County Battery Lawyer
Aggravated battery is a felony offense that carries significant penalties in Kansas. If you’ve been charged with aggravated battery you may be overwhelmed with the potential of life-altering consequences. An experienced Johnson County battery lawyer should evaluate your case to develop an effective defense strategy to help you during this challenging time.
What Is Battery?
Battery is unlawful contact or offensive/unwanted touching, often linked to an earlier assault (i.e., the threat of imminent harm), and serving as the completion of such assault. For example, if you shout physical threats at a golfer on the course and then you rush at him and punch him in the face, you would likely be deemed to have committed battery (and possibly assault, given the earlier threats).
Facing Simple Battery Charges
Battery is a class b misdemeanor and punishable with up to 6 months in jail time and a $1,500 fine. Charges will typically be filed at the city level, such as the Overland Park and Olathe Municipal Courts. A conviction may be eligible for expungement three years after the completion of a sentence.
People dealing with a battery offense may wonder how they were charged when no one was injured during their interactions. Under Kansas law, battery is simply a rude, insulting, or angry touch. No injury needs to be present for someone to be charged. Having an appropriate defense with a skilled Johnson County battery lawyer is vital to beat charges before they go on your record.
What Makes a Battery Aggravated?
There are a couple of reasons why charges are raised to the level of an aggravated battery. Typically, an aggravated battery is charged if a dangerous or deadly weapon is used. In addition, if serious injuries occur, an aggravated battery charge may be filed.
Aggravated Battery Sentencing in Kansas
Aggravated battery is always a felony, though sentencing guidelines vary considerably depending on the circumstances. The least severe charges can result in a potential sentence of 34 months in prison, depending on criminal history. However, the most severe version of aggravated battery is a level 4 felony. Depending on criminal history, it can carry a maximum penalty of 172 months in prison.
Fighting Battery and Aggravated Battery Charges
Kansas has self-defense laws which could potentially be used to fight battery and aggravated battery charges depending upon the facts of the case. You need to consult with a qualified attorney who can thoroughly investigate and evaluate the circumstances to discuss potential options for your defense.
Contact a Johnson County Battery Lawyer Today for a Free Consultation
If you have been charged with battery in Kansas, it’s important to speak with an experienced Johnson County battery lawyer. I’m Jerry Merrill, a Criminal Defense Attorney in Johnson County, I have years of experience representing defendants in a range of disputes, including those that involve aggravated battery.
I’ve also worked on all sides of the courtroom — serving as a prosecutor, special counsel, and pro tempore judge — and know how to represent clients in complex criminal cases. I understand the tactics typically employed by prosecutors in battery and aggravated battery cases. I use that knowledge to build an aggressive and intelligent defense for my clients.