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What is Considered Assault and Battery?
In the State of Kansas, assault and battery are two separate crimes despite being closely related. Assault is when a person knowingly or recklessly places another individual in reasonable fear of immediate bodily harm. Battery is defined as knowingly inflicting bodily harm to another person in a reckless manner or physical contact with another person that is done in a rude, insulting, or angry fashion.
What are the Types of Assault and Their Penalties?
Three distinct types of assault are recognized under Kansas law. They are simple assault, aggravated assault, and aggravated assault of a law enforcement officer.
- Simple assault: This form of assault occurs when an individual has a reason to believe that unwanted physical contact is imminent. It is considered a Class C misdemeanor and is punishable by up to 30 days in jail and a $500 fine.
- Aggravated assault: Aggravated assault occurs when a person reasonably fears physical contact and a deadly weapon, such as a knife, gun, etc, has been shown. This form of assault is a Level 7 person felony and is punishable by up to one year in prison and a $100,000 fine.
Aggravated assault of a law enforcement officer: This occurs when a law enforcement officer reasonably fears bodily contact and a deadly weapon, such as a knife, gun, etc, has been shown. It is considered a Level 5 person felony and is punishable by up to three years in prison and a $300,000 fine.
What are the Types of Battery and Their Penalties?
Under Kansas law, two separate types of battery are recognized: simple battery and aggravated battery.
- Simple battery: Simple battery occurs when harm is intentionally caused to another person in a reckless manner. It is considered a Class B misdemeanor and is punishable by up to six months in jail and a $1,000 fine.
- Aggravated battery: This type of battery occurs when great bodily harm is inflicted on another person with intent. Aggravated battery also occurs when bodily harm is inflicted with the use of a deadly weapon, such as a knife, firearm, car, etc. It is considered a Level 4 person felony and is punishable by up to three years in prison and a $300,000 fine.
Imprisonment and other punishments for both aggravated assault and aggravated battery felonies are contingent on prior criminal history and other circumstances of the event. The felony sentencing system in Kansas observes Level 1 as the most serious and Level 10 as the least serious.
Additional punishments for these crimes may include probation, the Community Correctional Services Program, Conservation Camp, house arrest, a work release program, and alcohol and drug counseling.
How Can the Law Work in Your Favor?
Based on the accepted and formal definitions of assault and battery, each element of the definition must be proven, which can be the basis of a defense argument. This means that the keywords “knowingly” or “recklessly” must be established.
For an assault charge, the defendant must “knowingly” place another person in reasonable fear of immediate harm. To act “knowingly” means to be aware that the offending conduct is reasonably certain to cause fear of harm.
For a battery charge, the defendant must “knowingly or recklessly” inflict harm to another person or “knowingly” physically contact another person in a way that is rude, insulting, or angry. To act “recklessly” means to consciously disregard the risks of an action that greatly differs from the way in which a reasonable person would act in a similar situation.
The defense attorneys at Barnds Law LLC will be able to leverage these definitions with the circumstances of a case to the benefit of their client.
What are Common Defenses Used in Assault and Battery Cases?
Several possible defenses exist for assault and battery cases. The appropriate defense will depend on the circumstances of the crime and the knowledge of the defense attorney. Possible defenses include:
- Self-defense: A claim of self-defense can be made if the defendant reasonably believes that force is necessary to protect themselves from imminent danger.
- Defense of others: Similar to self-defense, defense of others can be claimed if the defendant believes force is necessary to protect others from imminent danger
- Consent: If a person voluntarily consents to a particular act, then, in most cases, a crime did not occur. An example of consent in this instance would be a tackle football match in which an injury occurs in a non-malicious way.
- Mistaken identity: This defense is effective if proof is available that the accused individual was not the person who committed the crime.
- False allegations: In instances where the accuser has intent or motive to lie or have inconsistencies in their story, a defendant can benefit.
- Insufficient evidence: This can occur when the prosecution lacks the evidence necessary to prove guilt beyond a reasonable doubt.
- Lack of intent: Lack of intent includes proof that the defendant did not intend to cause fear or bodily harm.
- Lack of a deadly weapon: This defense requires evidence supporting that no deadly weapon was used during the assault or battery.
- No offensive contact: This argument is based on establishing that the contact would not be considered offensive, angry, or rude to a reasonable individual.
Do I Need an Attorney?
If you or a loved one are facing assault and battery charges, you need legal help you can depend on. Call Barnds Law LLC today at 913-270-0505 or fill out a contact form for a consultation.
