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.
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.
Junction City has a complicated felony punishment system, with several different levels of offenses for hostile behavior. Generally, aggravated assault is classified as a severity level seven, person felony. If the alleged victim is a law enforcement officer, it is elevated to a severity level six, person felony.
To determine penalties for felony sentences, the state uses a sentencing guideline grid. Level one is the most serious, with the worst penalties. The grid is designed to allow a judge to consider the charged offenses and the facts surrounding the case, such as the defendant’s criminal record. For felony aggravated assault, defendants could spend around three or four years in jail. For first or second offenses, probation is more likely, but a history of multiple prior felony convictions increases the likelihood of prison time.
A tenacious lawyer could review a defendant’s case and aim to minimize penalties or avoid charges altogether.
A felony assault conviction can have life-altering effects. Even if you are a first-time offender and unlikely to get prison time, a felony conviction could limit your voting rights, job opportunities, and housing. It may also affect your personal reputation, influencing how others perceive you.
A dedicated legal professional could assist you in navigating felony assault in Junction City. They could challenge the charges in preliminary hearings, potentially leading to dismissal. If dismissal is not possible, they could help you explore various defense strategies. Contact Addair Law today to begin working on your case to protect your future.
