KANSAS BATTERY & AGGRAVATED BATTERY
BATTERY - Kansas Statute § 21-5413(a) defines battery as knowingly or recklessly causing bodily harm to another person or intentionally causing physical contact with another person in a rude, insulting, or angry manner. Simple battery is a class B person misdemeanor.
In order to convict you, the state must prove that you:
1. Knowingly or recklessly acted. That means they must establish your mental state at the time;
2. Person. There must be another person involved, but cannot be concern for a third party;
3. Bodily harm. The alleged victim must have suffered bodily harm. Harm to their mental health, property, etc. does not meet the standard; or
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party; and
4. Rude, insulting, or angry manner. This are a number of ways to establish these elements; therefore, to determine if any of these elements are met the state will consider all that was said or done during the alleged crime.
BATTERY PENALTIES - Typically, unless certain circumstances exist, this misdemeanor charge carries the potential penalty of six months in jail, restitution, fines and fees.
AGGRAVATED BATTERY - Kansas Statute § 21-5412(b), a person commits aggravated battery when battery causes great bodily harm or disfigurement to another person, bodily harm is caused with a deadly weapon, or physical contact is made with a deadly weapon. Aggravated battery can range from a severity level 8 person felony to a severity level 4 person felony.
In order to convict you, the state must prove that you:
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party;
4. Great bodily harm or disfigurement. Evidence of serious harm or change in the alleged victim's physical appearance must be stablished; or
5. Bodily harm is caused with a deadly weapon. Many things can be considered deadly weapons, if the object is used in a fashion that could result in serious injury or loss of life; or
6. Physical contact is made with a deadly weapon. There must be both the establishment of the presence of a deadly weapon and actual contact with a person here.
AGGRAVATED BATTERY PENALTIES - Typically, unless certain circumstances exist, this felony charge carries the potential penalty of 7 to 172 months in prison, restitution, fines and fees.
DEFENSES TO BATTERY OR AGGRAVATED BATTERY - (Felony and Misdemeanor)
Depending on your exact charges you may have any one of the following defenses available:
In order to convict you, the state must prove that you:
1. Knowingly or recklessly acted. That means they must establish your mental state at the time;
2. Person. There must be another person involved, but cannot be concern for a third party;
3. Bodily harm. The alleged victim must have suffered bodily harm. Harm to their mental health, property, etc. does not meet the standard; or
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party; and
4. Rude, insulting, or angry manner. This are a number of ways to establish these elements; therefore, to determine if any of these elements are met the state will consider all that was said or done during the alleged crime.
BATTERY PENALTIES - Typically, unless certain circumstances exist, this misdemeanor charge carries the potential penalty of six months in jail, restitution, fines and fees.
AGGRAVATED BATTERY - Kansas Statute § 21-5412(b), a person commits aggravated battery when battery causes great bodily harm or disfigurement to another person, bodily harm is caused with a deadly weapon, or physical contact is made with a deadly weapon. Aggravated battery can range from a severity level 8 person felony to a severity level 4 person felony.
In order to convict you, the state must prove that you:
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party;
4. Great bodily harm or disfigurement. Evidence of serious harm or change in the alleged victim's physical appearance must be stablished; or
5. Bodily harm is caused with a deadly weapon. Many things can be considered deadly weapons, if the object is used in a fashion that could result in serious injury or loss of life; or
6. Physical contact is made with a deadly weapon. There must be both the establishment of the presence of a deadly weapon and actual contact with a person here.
AGGRAVATED BATTERY PENALTIES - Typically, unless certain circumstances exist, this felony charge carries the potential penalty of 7 to 172 months in prison, restitution, fines and fees.
DEFENSES TO BATTERY OR AGGRAVATED BATTERY - (Felony and Misdemeanor)
Depending on your exact charges you may have any one of the following defenses available:
- No intent
- Damage to something other than a person
- No bodily harm
- Object was not a "deadly weapon"
- Insufficient evidence
- Defense of others, and more.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.