Felony Assault in Junction City

The state defines assault as putting someone in fear of physical harm or battery. Initially, assault is categorized as a misdemeanor. Although this is less severe than a felony conviction, it can still significantly affect your life. Charges for felony assault in Junction City could impact your life beyond the criminal sentence, affecting your employment prospects, housing opportunities, and even volunteer activities. Additionally, you may be required to register as a violent offender.

Assault charges can be complex because they do not require physical evidence. Unlike battery charges, which require the state to prove physical contact was involved, a person could be convicted of assault without any tangible evidence. Given the serious penalties for a felony assault charge, it is crucial to consult with an assault attorney to navigate the legal landscape.

What Is Assault?

Assault is defined as the imminent fear of a battery. According to Kansas Statutes Annotated § 21-5412, assault occurs when someone knowingly places another person in fear of imminent, or immediate, bodily harm. Simply threatening someone over the phone does not constitute assault. However, making a verbal or physical threat in person could be considered assault if it puts the alleged victim in fear of imminent harm.

In the state, assault begins as a Class C misdemeanor, which can result in up to one month in jail and a $500 fine. However, jail time is uncommon for first-time offenders unless they have a criminal record. Certain factors may increase the severity of the charge in Junction City, potentially leading to a felony violent offense. For instance, if the alleged victim is a law enforcement officer or in a similar profession, the charge becomes a Class A misdemeanor. In these situations, defendants are more likely to receive jail time compared to other cases, although probation is still a common outcome. The penalties for a Class A misdemeanor are up to one year in jail and a $2,500 fine.

Some assaults may be charged as felonies, depending on factors like the alleged victim, the defendant’s criminal history, facts of the case, and more.

Aggravated assault is a common way to be charged with a felony. It involves the same fear of bodily harm as assault, but it includes additional circumstances. The most common example is the use of a deadly weapon. Other factors can also lead to an aggravated assault charge, such as wearing a disguise or committing the assault while engaged in—or attempting to engage in— another crime.

Using a deadly weapon is often open to interpretation. Deadly weapons may include the classics like guns, knives, and heavy objects. However, it could extend to vehicles, ropes, gasoline, and even pillows if used or threatened to use to cause serious injury or death.