Overland Park Domestic Battery Lawyer
Defending Against Domestic Battery Charges in Johnson County
In many cases, assault and battery charges arise because the moment became heated or someone crossed the line. Even if the allegations are false, if you have been charged with any form of battery, you need to take the case seriously. In addition to the label that follows, you could face serious consequences that could impact your reputation, your life, your job, and your family for years.
Assault vs. Battery
Battery is knowingly or recklessly causing bodily harm to another person or knowingly causing physical contact with another person when done in a rude, insulting, or angry manner. The penalty for battery depends on two factors: (1) the seriousness of the harm and (2) the nature of the victim. In short, the more serious the harm, the more serious the penalties. And, if the victim is involved in law enforcement in virtually any way, the seriousness of the penalties increases.
Under Kansas law, an assault happens when an accused person knowingly places another person in reasonable apprehension of immediate bodily harm if the crime is committed (1) with a deadly weapon, (2) while disguised, or (3) with the intent to commit a felony, the crime is classified as aggravated and is a felony.
What is Domestic Battery?
Domestic battery is causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family member or household member. In general, causing bodily harm can be proven through bruising, cuts, or more serious injuries. While this form of domestic battery can be easily identified, the other form of domestic battery is a little less so. You can be charged with domestic battery through physical contact that is done in a rude, angry, or insulting manner. A lot of people are surprised by this when they are charged with otherwise playful activities that were taken the wrong way.
Other charges commonly included with domestic battery:
- Criminal damage to property
- Criminal trespass
- Violation of a protective order
Have you been accused of domestic battery? Call Stolte Law, LLC, today at (913) 270-0497 or contact us online to schedule a consultation with an experienced domestic battery attorney in Overland Park.
Is Domestic Battery a Felony or Misdemeanor?
Domestic battery can be a misdemeanor or a felony. The severity of the charge depends on the nature of the injuries and whether the defendant has prior domestic battery convictions.
Additional penalties can include the following:
- Domestic violence Offender assessment
- Batterer's Intervention Program
- Loss of firearms rights
What's The Difference Between Domestic Violence, Battery, & Assault?
Domestic violence is a broad term that includes both domestic battery and assault. Domestic abuse includes physical, emotional, and mental abuse. When an argument or relationship, in general, becomes hostile, battery and assault may occur.
Domestic battery refers to actual physical abuse. The effects of physical abuse are often visible in the form of cuts and bruises. Any act that could be expected to cause injury is also considered battery. Domestic battery includes punching, slapping, pushing, choking, and any other physical abuse.
Domestic assault occurs when one member of the family causes a fear of possible and imminent battery in another family member. Assault is more emotional and mental as opposed to physical. Threats, name-calling and other emotional attacks are considered assault.
Defenses to Battery Charges
If you are accused of domestic battery, battery, or assault, you may have defenses available to you in your fight against the charges. The most common legal defense is self-defense. Self-defense is available to those when the use of force was necessary to defend a person from another's imminent use of unlawful force. There are many considerations that must be made when pursuing a self-defense theory. The first among them is proving the use of force was necessary. In Kansas, to "stand your ground," the force used must be reasonable and in response to another's imminent use of force.
Because this is a legal defense rather than a factual defense, it is important to have an attorney who is willing and able to prepare the case appropriately. If you have questions about your assault and battery charges, call 913-270-0497 to speak with Attorney Adam D. Stolte about your particular case.
Contact Stolte Law, LLC, today to get started on your defense with a skilled Overland Park domestic battery lawyer.