Manhattan, KS Violent Crimes Attorneys

Assault is an intentional act or a threat of action that reasonably causes another person to feel afraid of impending violence. You should have possessed the apparent ability to carry out the action in order to be charged with assault. Battery, on the other hand, is actual offensive physical contact or intentional infliction of injury to another (contact should have been made, instead of a mere threat of contact). 

To bring forward a charge of assault, the prosecution must show that you knowingly placed another person in reasonable apprehension of immediate harm. To charge you with battery, the prosecution must show that you knowingly or recklessly caused bodily harm to another person, or that you knowingly caused physical contact with another person in a rude, insulting, or angry manner.

Simple assault is a Class C misdemeanor punishable by up to one month in jail and/or $500 in fines, as well as probation and restitution to the alleged victim. If the assault was committed against law enforcement or a school police officer while they were performing their duties, the crime may be charged as a Class A misdemeanor punishable by up to 12 months in jail and/or up to $2,500 in fines, as well as probation and restitution. 

Battery is typically charged as a Class B misdemeanor punishable by up to 6 months in jail and/or $1,000 in fines, as well as probation and restitution, but specific battery offenses can be charged differently. For instance, battery against a law enforcement officer is a Class A misdemeanor.

Aggravated Assault and Battery

While simple assault and battery are generally misdemeanor crimes, assault and battery committed under aggravated circumstances are felonies. Aggravated assault is an assault involving:

• the use of a deadly weapon (e.g., firearms, knives, even baseball bats if used in a violent context);
• a disguise designed to conceal your identity; or
• the intent to commit any felony.

Aggravated battery is if you:

• knowingly or recklessly cause great bodily harm or disfigurement to another person;
• knowingly or recklessly cause bodily harm to another person by using a deadly weapon;
• knowingly cause offensive physical contact with another person with a deadly weapon or in any manner that might cause great bodily harm, disfigurement, or death; or
• drive under the influence of drugs or alcohol that results in great bodily harm, disfigurement, or death to another person or that results in bodily harm with a possibility of causing such harm or death.

The sentence for a felony in Kansas is calculated according to the Kansas Sentencing Guidelines, which look at the severity level of the felony and the defendant's criminal history. Aggravated assault in Kansas is generally punished as a Severity Level 7 felony, which carries 11-34 months in prison and/or $100,000 in fines. 

Aggravated battery is punished according to the following sentencing ranges, with Severity Level 8 being the least severe:

• Severity Level 8 – 7-23 months in prison and/or a fine of up to $100,000
• Severity Level 7 – 11-34 months in prison and/or a fine of up to $100,000
• Severity Level 6 – 17-46 months in prison and/or a fine of up to $100,000
• Severity Level 5 – 31-136 months in prison and/or a fine of up to $300,000
• Severity Level 4 – 38-172 months in prison and/or a fine of up to $300,000
• Severity Level 3 – 55-247 months in prison and/or a fine of up to $300,000

Assault and battery are only a couple of examples of the violent crimes our firm handles, among cases of murder, manslaughter, and robbery. Whatever accusations of criminal violence you are facing, trust that our defense lawyers are more than prepared to represent you. We will mount an aggressive defense in trial for you and use our more than 60 years of experience to your advantage.

Schedule a free consultation with CJI Law today to get started on your violent crimes defense.