If you have been charged with domestic violence, you should contact Kansas domestic violence defense attorney James R. Pratt right way for help. These charges are serious and can have a lasting impact on your daily life and contact with your loved ones. You do not have to accept the accusations levied against you, and you have the right to fight back, but in order to succeed, you'll want an experienced attorney like James Pratt on your side.
Kansas criminal statute § 21-5111(i) defines domestic violence as either the threat or act of violence against a family member or member of the household, or a person who is involved in a “dating relationship” with the offender.
Domestic violence also includes other crimes committed against people or property when they are directed against people with whom alleged offenders are or were involved in dating relationships or directed against a family or household members by family or household members.
Domestic violence is an notable kind of criminal charge because Kansas Statute § 22-2307(b)(1) requires all law enforcement agencies to adopt written policies regarding domestic violence calls that direct law enforcement officers to arrest the alleged offender if there is probable cause to suspect that a domestic violence crime was committed. Many police departments in Kansas responding to domestic violence calls feel obligated to place somebody under arrest, just as a precaution even when there might not be adequate evidence to support the criminal charges.
Were you arrested for an alleged crime of domestic violence in the greater Wichita area? Do not say anything to authorities until you have legal representation.
Pratt Law, LLC can aggressively defend you and will work tirelessly to have your criminal charges reduced or dismissed. Pratt Law, LLC can provide an honest and thorough evaluation of your case when you call (316) 262-2600 or contact us online to schedule a free consultation.
Kansas Domestic Violence Laws
When a person is arrested in connection to a crime of domestic violence, they will usually be charged with one of two crimes. Kansas Statute § 21-5414 establishes the criminal offenses of domestic battery and aggravated domestic battery.
- Domestic battery (Kansas Statute § 21-5414(a)) – involves an alleged offender knowingly or recklessly causing bodily harm to a family member, household member, or current or former dating partner.
- Aggravated domestic battery (Kansas Statute § 21-5414(b) )– defines aggravated domestic battery as an alleged offender knowingly impeding the normal breathing or circulation of the blood by either blocking the nose or mouth of a person, or applying pressure on the throat, neck or chest of a person (either is commonly referred to as strangulation), with whom the offender has or had a dating relationship or a family or household member.
Kansas Domestic Violence Penalties
A first domestic battery offense is classified as a Class B person misdemeanor punishable by a minimum of 48 hours up to six months in jail and a minimum fine of $200 up to $500.
A second domestic battery conviction within five years of a prior offense is a Class A person misdemeanor punishable by a minimum of 90 days up to one year in jail and a minimum fine of $500 up to $1,000.
A third or subsequent domestic battery conviction within five years of a prior offense is a person felony punishable by a minimum of 90 days up to one year in prison and a minimum fine of $1,000 up to $7,500.
Aggravated domestic battery is a severity level 7 person felony which is punishable by up to 34 months in prison and a fine of up to $100,000.
Under Kansas Statute § 21-5924, a violation of a protection from abuse (PFA) order, restraining order, other no-contact order, or protection from stalking, sexual assault, or human trafficking is a class A person misdemeanor punishable by a minimum of 90 days up to one year in jail and a minimum fine of $500 up to $1,000.
A violation of an extended protection order is a severity level 6 person felony punishable by up to 46 months in prison and a fine of up to $100,000.
People convicted of domestic violence crimes can also be ordered to complete batterer intervention programs. Some alleged offenders may be sentenced to complete domestic violence counseling.
Defending Your Rights & Your Freedom
Domestic violence charges often stem from very close personal relationships, and some alleged victims may tell the people arrested for crimes of domestic violence that they will “drop the charges.” While a victim's statement may be the basis for a criminal case, the filing decision is the prosecutor's decision alone to make.
Some people are arrested for domestic violence crimes based solely on the claims of alleged victims, but there is rarely any supporting evidence that demonstrates criminal activity. When a prosecutor does not have evidence to support a criminal charge, they may be more inclined to reduce or possibly even dismiss the criminal charges.
I will be able to review all of the unique circumstances of your case to determine the most advantageous defense against the allegations you face. I can also help you if the alleged victim attempts to seek a PFA order against you.
If you were recently arrested for domestic violence in the Wichita area, you should not delay in seeking legal representation. James R. Pratt will fight aggressively to protect your rights and help you achieve the most favorable outcome to your case.
I have been defending clients all over Kansas for more than two decades. Call (316) 262-2600 or contact us online for a free consultation.