Kansas Violent Crime Defense

For more than two decades, Pratt Law, LLC has represented individuals accused of violent crimes in Wichita and across the state of Kansas. I understand the seriousness of these allegations, and I am ready to put my experience to work for you. I will build a persuasive defense on your behalf, and will work to get the charges against you dropped or reduced.

Crimes of violence are often prosecuted much more aggressively than other offenses because the alleged offenders are usually accused of being dangers to society. A violent crime involves some act of alleged violence committed against another person, and some cases involve serious injuries or even death.

A person who is arrested for a violent crime may have legal justifications for their actions in some cases. Self-defense, for example, is a very common defense against criminal charges for violent crimes as people have the right to protect themselves when they feel that their safety is endangered.

If you were arrested or think that you might be under investigation for any violent crime in Wichita, do not try to explain yourself to authorities. Always make sure you have legal representation before making any statement to police.

Pratt Law, LLC handles all kinds of violent crimes in Kansas, and I am here to explain your rights and options to you when you reach out for help. Call (316) 262-2600 or contact us online to set up a free consultation.

Assault and Battery

Kansas Statute § 21-5412(a) establishes that a person commits simple assault when they knowingly place another person in reasonable apprehension of immediate bodily harm. Simple assault is a class C misdemeanor.

Under Kansas Statute § 21-5412(b), a person commits aggravated assault when the assault is committed with a deadly weapon, while the alleged offender was disguised to conceal their identity, or with the intent to commit a felony. Aggravated assault is a severity level 7 person felony.

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.

Under 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.

Domestic Violence

Under Kansas Statute § 21-5111(i), domestic violence is defined as “an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member.” The most common crimes relating to domestic violence are domestic battery and aggravated domestic battery.

Domestic battery under Kansas Statute § 21-5414(a) occurs when a person knowingly or recklessly causes bodily harm to a protected person or knowingly causes physical contact with a person with whom they have or had a dating relationship or a family or household member. Aggravated domestic battery involves attempted strangulation or suffocation, defined as 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.

Domestic battery is a Class B person misdemeanor for a first offense, punishable by at least 48 hours up to six months in jail and a fine of at least $200 up to $500. A second domestic battery conviction within five years of a prior conviction is a Class A person misdemeanor punishable by at least 90 days up to one year in jail and a fine of at least $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 at least 90 days up to one year in prison and a fine of at least $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.

Kidnapping and False Imprisonment

Kansas Statute § 21-5408(a) states that kidnapping is the taking or confining of any person by force, threat, or deception with the intent to hold the alleged victim either for ransom, as a shield or hostage, to facilitate flight or the commission of any crime, to inflict bodily injury or to terrorize the victim or another, or to interfere with the performance of any governmental or political function. Kidnapping is a severity level 3 person felony.

Under Kansas Statute § 21-5408(b), aggravated kidnapping involves kidnapping when bodily harm is inflicted upon the alleged victim. Aggravated kidnapping is a severity level l person felony.

Manslaughter

Manslaughter can be voluntary or involuntary. Kansas Statute § 21-5404 establishes that a person commits voluntary manslaughter when they knowingly kill a human being upon a sudden quarrel or in the heat of passion or upon an unreasonable but honest belief that circumstances existed that justified use of deadly force. Voluntary manslaughter is a severity level 3 person felony.

Under Kansas Statute § 21-5405, involuntary manslaughter is a severity level 5 person felony when the killing of a human being is committed recklessly, in the commission or attempted commision of a felony, or during the commission of a lawful act unlawfully. The crime is a severity level 4 person felony when the killing of a human being is committed in the commission or attempted commision or flight from a driving under the influence (DUI) crime. Involuntary manslaughter is a severity level 3 person felony when the killing of a human being is committed in the commission or attempted commision or flight from a driving under the influence (DUI) crime and the alleged offender’s license was subject to restrictions, suspended, revoked, or the alleged offender was a habitual violator.

Murder / Homicide

Kansas has three different murder statutes. Kansas Statute § 21-5401 defines a capital murder as the intentional and premeditated killing of any person in the commission of a kidnapping, any person pursuant to a contract to kill such person, any person in a correctional institution, a law enforcement officer, a child under 14 years of age in the commission of a kidnapping, or a person in the commission of rape, criminal sodomy, or aggravated criminal sodomy. Capital murder is an off-the-grid person felony.

Under Kansas Statute § 21-5402, murder in the first degree as defined as the killing of a human being committed intentionally and with premeditation, or in the commission or attempted commission of a felony. Murder in the first degree is an off-the-grid person felony.

Kansas Statute § 21-5403 states that murder in the second degree involves the killing of a human committed intentionally or unintentionally but with reckless disregard for human life. Murder in the second degree committed intentionally is a severity level 1 person felony, but murder in the second degree committed unintentionally is a severity level 2 person felony.

Attempted Murder

Kansas Statute § 21-5401(c) establishes that attempt to commit capital murder is an off-the-grid person felony.

Robbery

Under Kansas Statute § 21-5420, robbery is knowingly taking property from the person or presence of another person by force or by the threat of bodily harm. Robbery is a severity level 5 person felony.

Aggravated robbery is robbery committed by a person armed with a dangerous weapon or who inflicts bodily harm upon any person in the course of the robbery. Aggravated robbery is a severity level 3 person felony.

Arson

Kansas Statute § 21-5812 establishes that arson is defined as knowingly by means of fire or explosives causing damage to a dwelling or other protected property to injure another person or defraud an insurer or lienholder. Arson can also involve accidentally damaging a building or property by means of fire or explosives.

Aggravated arson involves arson committed upon any property in which a person is present, or that causes injury to a firefighter or law enforcement officer. Arson can be a severity level 7 person felony, a severity level 7 nonperson felony, or severity level 6 person felony, and aggravated arson can be a severity level 3 person felony or a severity level 6 person felony.

Resisting Arrest / Assault on a Police Officer

Resisting arrest is known under Kansas Statute § 21-5904 as interference with law enforcement. Kansas Statute § 21-5904(a)(3) expressly makes it a crime to knowingly obstruct, resist, or oppose “any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.”

When the case for arrest is a felony or parole, interference with law enforcement is a severity level 9 nonperson felony. When the disposition is a misdemeanor, interference with law enforcement is a class A nonperson misdemeanor.

Kansas Statute § 21-5412(c) establishes that a person commits assault of a law enforcement officer when they commit an assault against a uniformed or properly identified university or campus police officer, or federal law enforcement officer. Assault of a law enforcement officer is a class A misdemeanor, but aggravated assault of a law enforcement officer is a severity level 6 person felony.

Sex Crimes

Article 55 of Chapter 21 in the Kansas Statutes contains a dozen statutes establishing different sex offenses. Sex crimes in Kansas include:

  • Rape
  • Criminal sodomy and aggravated criminal sodomy
  • Sexual battery and aggravated sexual battery
  • Indecent liberties with a child and aggravated indecent liberties with a child
  • Unlawful voluntary sexual relations
  • Indecent solicitation of a child and aggravated indecent solicitation of a child
  • Electronic solicitation
  • Sexual exploitation of a child
  • Adultery
  • Unlawful sexual relations
  • Lewd and lascivious behavior
  • Internet trading in child pornography and aggravated internet trading in child pornography

Almost all of these crimes are felony offenses. Most crimes are considered various level person felony offenses, and the sentencing grid determines the possible sentence based on the category of the offense and the severity level the offense.

The possible sentences vary depending on the alleged crime. Rape, for example, is a Level I felony punishable by up to 653 months in prison for Category A, but sexual battery is a class A person misdemeanor punishable by a year in jail and a fine of up to $2,500.

Contact Kansas Violent Crimes Defense Lawyer James R. Pratt

Do you believe that you could be under investigation or were you already arrested for an alleged violent crime in the greater Wichita area? You will want to retain legal counsel quickly.

Pratt Law, LLC defends clients in communities all over Kansas. Call (316) 262-2600 or contact us online to receive a free consultation.