Being charged with a domestic battery in Kansas or a related domestic crime is emotionally challenging and particularly stressful. Having an experienced and local defense attorney on your side will help you in sorting through the facts and emotions, allowing you to take an objective look at your case and the best way to approach it. Call me today to see how with my help we can work towards getting you the best possible outcome when faced with a suspicious criminal court system.
The fear of imprisonment, a criminal record, and perhaps even the loss of your family can make domestic charges the most difficult to deal with. I have handled numerous domestic battery cases in Johnson county and surrounding areas and know exactly what you are going through and what you are up against.
In most cases, following your arrest for domestic battery, a 72 hour no contact order will be put in place to keep you away from the alleged victim. It is crucial that you abide by any court order to refrain from contact with the victim, even if you are not guilty of the crime. If you violate any restraining or no contact order, you can be charged with additional crimes even if you are found not guilty of the domestic battery charge.
Successful Domestic Battery Defense Cases
Having successfully represented many people against domestic charges, I know where your concerns lie. You want to make it through this time with your dignity and your future intact. I may be able to help you.
I have represented clients against domestic charges where it seemed the cards were stacked against them. In some circumstances I have been able to help clients keep a conviction off of their records and even got the charges dismissed at trial.
Although it seems the world and the system are out to get you when facing charges like this, the court still has to abide by the same procedural laws. It is my job, as an experience defense attorney, to be certain you are treated fairly as we work towards positive results.
What is Domestic Battery?
Under Kansas laws, domestic battery is defined as intentionally or recklessly causing bodily harm to someone who qualifies as a domestic relationship, or intentionally causing physical contact with that person that is done in a ruse, angry, or insulting manner.
In Kansas, a domestic offense does not have to occur between spouses. The relationship between you and the alleged victim can be that of spouses, ex-spouses, parents and children, or step-parents and children, roommates, former roommates, people with a child in common, or people with an unborn child in common.
Ref: KSA 21-3412a
What are the potential penalties for a domestic battery conviction?
The sentence you face is largely dependent on your criminal history, getting progressively more serious as your convictions grow.
1st Offense Domestic Battery Conviction: You will face Class B misdemeanor charges and a jail sentence of at least 48 hours and up to 6 months. You will also be required to pay fines reaching $500 and no less than $200.
2nd Domestic Battery Conviction: If convicted a 2nd time within 5 years, you will face Class A misdemeanor charges and serve at least 90 days in jail and up to 1 year. Fines for this charge are between $500 and $1,000.
3rd Domestic Battery Conviction: If convicted for 3 domestic battery charges within a 5 year period, you will face felony charges. Again, you will serve a minimum of 90 days and a maximum of 1 year in jail but fines will be increased to $1,000 to $2,000. You will also be a convicted felon.
Can I beat the charges? What can a Kansas criminal defense lawyer do for me?
Kansas courts are notoriously hard on domestic violence cases. They tend to get prosecuted very aggressively. Even if the alleged victim says they don’t want to “press charges”, the state can still pursue the case against you.
There are several things I could do for you as your attorney:
- I can contest the facts and nature of the evidence against you. I can help explain to the courts why the case is not worthy of prosecution and point out that the evidence is weak and overstated.
- I can make things more difficult for the prosecution by challenging all of the facts, filing extended motions, and threatening to take the case to trial if they don’t act reasonably and in good faith.
- I can also argue for leniency, present character witnesses, and propose alternatives to prosecution such as anger management classes.
Knowing you have an experienced local attorney on your side in court can make a huge difference for you and your case.
While all criminal charges are tough to face, when the alleged victim is someone who you have or did have a relationship with, it makes it even harder. Kansas laws are designed to protect the victim in these cases and are not always fair to you, the accused. If you are being accused of something you didn’t do or if you did something you now regret, I can help you through the process and get you the fair treatment you deserve.
Call me for a free consultation about any Kansas domestic violence, assault or any other criminal charge.