Although commonly described as one crime, assault and battery are actually two separate offenses, which often occur in tandem. As the mere accusation alone can turn a defendant's life upside down, persons accused of either assault or battery in Wichita must retain experienced criminal defense to vigorously fight these claims.
James R. Pratt has an exceptional track record defending clients in criminal matters, making him the assault and battery defense attorney that people in Wichita and across the state of Kansas trust. Because so much is on the line, he knows that only results matter to you. James Pratt will work tirelessly to build the strongest case on your behalf and help make sure the charges against you are minimized or dropped altogether.
To schedule a confidential consultation with a knowledgeable, skilled criminal defense attorney, contact James R. Pratt at (316) 262-2600 today.
Assault and Battery Laws in Kansas
The definition of assault and battery in Wichita can be found in two separate sections of the state criminal code. As the Kansas Statutes Annotated were recently updated, codes were renumbered and arranged. Below you will find the updated statutes for assault and battery crimes separately.
Kansas Code §21-5413, Battery (includes aggravated battery, battery against people, and aggravated battery against specific people).
- Battery means knowingly and recklessly inducing bodily harm against another individual, or causing physical contact in an insulting or rude manner.
- Domestic battery occurs when one commits simple battery against a family member, roommate, or other member of their household.
- Aggravated battery is causing serious bodily harm or disfigurement to another, with or without a deadly weapon. It also includes insulting or rude contact with another while possessing a weapon and where harm could be inflicted.
- Battery against law enforcement involves battering a peace officer, including those working on a college campus. It includes judges, attorneys, and community corrections officers.
- Aggravated battery against law enforcement is the same as above, but in a manner that causes serious injury or disfigurement.
- Battery against a school employee happens when school employees working in or on public school property are battered. This applies to any school K-12.
- Battery against a mental health employee applies to persons working in mental health services, who are battered by an individual either physically or in a rude or insulting manner.
Kansas Code §21-5412, Assault (aggravated assault and assaults against certain people).
- Assault is knowingly placing another individual in reasonable fear of abrupt physical danger.
- Aggravated assault involves simple assault with a deadly weapon, while one's identity is concealed, or while committing or attempting to commit a felony.
- Aggravated assault of a police officer is the same as aggravated battery, but on law enforcement and campus police.
- Assault of a police officer is simple assault against peace officers and officers on any school or college campus.
- Aggravated assault of a police officer is the same as aggravated battery, but on law enforcement and campus police.
Battery and assault, while commonly used as a compound term, have obvious differences — differences which can be confusing to the layperson. A defendant can be charged with assault if they cause someone to be battered by another individual; battery can involve simply brushing against someone, but with an angry or rude demeanor.
Penalties for Assault and Battery
Provided the prosecution is successful in proving assault and battery beyond a reasonable doubt, defendants may be sentenced according to Kansas sentencing guidelines. Judges are given discretionary power to sentence defendants based on criminal history, severity of the crime, and the suggestion of the prosecutor.
Here are the penalties based on severity level for both assault and battery charges; since aggravating circumstances and other stipulations may apply to sentencing, all possible Severity Levels are below to give you an idea:
Simple assaults & battery, both on persons and law enforcement:
- Class A Misdemeanors carry up to one year in jail, $2,500 in fines, or both;
- Class B Misdemeanors carry up to six months in jail and fines up to $1,000, or both
- Class C Misdemeanors carry up to 1 month in jail, fines up to $500 or both
Aggravated assaults & battery, both on persons and law enforcement:
- Severity Level 8 carries 7 – 23 months incarceration and/or fees up to $100,000
- Severity Level 7 carries 11 – 34 months incarceration and/or fees up to $100,000
- Severity Level 6 carries 17 – 46 months incarceration and/or fees up to $100,000
- Severity Level 5 carries 31 – 136 months incarceration and/or fees up to $300,000
- Severity Level 4 carries 38 – 172 months incarceration and/or fees up to $300,000
- Severity Level 3 carries 55 – 247 months incarceration and/or fees up to $300,000
Probation term will depend on factors determined at sentencing; 12-36 months is common.
Kansas treats any form of bodily injury seriously, another reason why James R. Pratt is an excellent choice for those facing serious jail time and who wish to employ meritorious defenses to either lessen or dismiss charges.
Defending Assault and Battery Charges
While state prosecutors in Sedgwick County are undoubtedly tough on violent crimes, defendants are afforded the opportunity to defend themselves against assault and battery charges in Wichita.
James R. Pratt may employ the following defenses for clients accused of these crimes:
- Defendant acted in self-defense. The most common defense to assault or battery, a defendant can prove fear or the inability to escape confrontation was the motivating factor for striking an individual.
- Defense of others. This may be effective if the defendant had reasonable grounds to protect loved ones they believed to be in imminent physical danger. The protection of spouses and children are the most common defenses in this scenario.
- Defense of property. If an individual is illegally held against their will on property they own, or has reason to believe an individual will assault them despite their effort to retreat on their property, they have the right to defend themselves.
- Mistaken identity. The victim has wrongly identified the defendant who looks similar to an individual who committed the offense.
- Lacked aggravation. Although an assault or battery took place, it was not “aggravated” as defined in Kansas Statutes Annotated.
Pratt Law LLC Offers Exceptional Assault and Battery Defense
Because the penalty for assault and battery in Wichita could mean significant jail or prison time if convicted, defendants or those under investigation for these crimes should act quickly to protect their freedom.
Your case's outcome depends on the strength of your defense. James R. Pratt has an outstanding track record of effectively defending clients from simple assault and battery charges, aggravated assault and battery, and domestic battery.
Put over two decades of experienced criminal defense in your corner by calling us at (316) 262-2600 or filling out our online form for a free, confidential case evaluation.