What Are the Legal Defenses for Service Members Facing Criminal Charges?

Many active and retired service members live in Overland Park and Johnson County. If you are a service member or veteran facing criminal charges in Kansas, the situation can be overwhelming. You may wonder how state law applies to your unique background and military training.

While Kansas law does not have separate rules for military personnel, it recognizes standard criminal defenses. When advocating for clients, we ensure the court understands how your training and service history relate to these defenses. Our goal is to educate you and provide a clear plan.

The Unique Pressure Faced by Service Members in Civilian Courts

Civilian criminal cases, such as those in the Johnson County District Court, differ from those under the UCMJ. In Kansas, prosecutors must prove guilt beyond a reasonable doubt, but the stress of a civilian case is substantial.

A service member’s experiences, like high stress, deployment, or trauma, don’t create special defenses but offer crucial context. This context supports traditional defenses, such as arguing a lack of necessary intent or justifiable self-defense. We manage the legal process so you can focus on your family and future.

Foundational Criminal Defenses Under Kansas Law

Service members are not immune from criminal charges in civilian court, making a robust legal defense paramount. In Kansas, the presumption of innocence is the bedrock; the State must prove every element of the charged crime beyond a reasonable doubt (K.S.A. 21-5108).

When a defendant introduces an affirmative defense—a legal reason that excuses the conduct, such as self-defense or lack of intent—with evidence, the burden shifts back to the State to prove, beyond a reasonable doubt, that the defense does not apply.

1. Justified Use of Force (Self-Defense and Immunity)

Given their training and experience with force, service members may face charges like battery or assault. Kansas law justifies the use of force if the person reasonably believes it is necessary for self-defense against a perceived threat (K.S.A. 21-5222).

• The “Stand Your Ground” Principle: Kansas is a “Stand Your Ground” state, meaning a person lawfully present has no duty to retreat before using force. Deadly force, however, is strictly justified only to prevent imminent death or significant bodily harm. A critical aspect of the defense is interpreting what constitutes a “reasonable” belief in the context of a service member’s specialized training and experience.
• Immunity from Prosecution: K.S.A. 21-5231 provides a powerful mechanism for the early dismissal of cases. If the court finds that there is no probable cause to believe the force used was unjustified, the case must be dismissed, potentially saving the service member from a lengthy trial.

2. Lack of Required Mental State (Criminal Intent)

For almost every crime, the State must prove a specific culpable mental state (e.g., Intentionally, Knowingly, Recklessly). If the State fails to prove the particular mens rea (guilty mind), the defense must prevail, as the legal elements of the crime have not been met. Evidence related to military service, such as service records, mental health evaluations, or proof of conditions like PTSD, can be crucial in challenging the State’s ability to prove criminal intent, potentially leading to a reduced charge or outright acquittal.

3. Mistake of Fact

The defense of Mistake of Fact (K.S.A. 21-5207) applies when a service member’s mistaken belief about a factual situation negates the criminal intent required for the crime. For example, a service member who genuinely but mistakenly believes a piece of property they took was their own lacks the intent to steal (the intent to deprive the owner of their property permanently). This defense hinges entirely on the sincerity and reasonableness of the mistaken belief.

Our Approach to Solving Difficult Problems 

Facing criminal charges means navigating the complexity of local procedures, whether your case is handled at the courthouse in Overland Park or through a nearby municipal court. We understand how isolating criminal charges can feel. You should not have to face this challenge alone.

We are highly communicative, ensuring you understand every step, every document, and every appearance. We utilize multiple attorneys, diverse perspectives, and innovative ideas to develop effective solutions. This collaborative effort makes effective use of your time and money, ensuring we uncover every potential defense and challenge to the State’s case.

We advocate tirelessly on your behalf and in your defense. We educate you on your rights and obligations under Kansas law. We give you a game plan, ensuring you always know what to expect next.

If you are a service member or veteran near Overland Park facing a criminal charge, we are here to help. Call Barnds Law, LLC today to discuss your options.

Contact Us for a Game Plan: 913-514-0909