Being accused of assaulting another person can permanently alter the course of your life, even if you have never been accused of any other crime before. Any reckless or intentional behavior that causes someone else to suffer a physical injury could lead to you facing criminal charges, and certain aggravating factors might automatically classify your offense as a felony.
Fortunately, there are many defenses against assault allegations that you could use with help from a seasoned criminal defense attorney. A Manhattan assault lawyer could explain every aspect of your case to you, review your options in and out of court, and work tirelessly to pursue a positive resolution on your behalf.
There are two variants of assault, one of which is considered a misdemeanor and the other a felony. As defined by Kansas Statutes § 21-5412, misdemeanor assault entails someone knowingly making another person reasonably fear immediate bodily harm.
Aggravated assault, as per KS Stat. §21-5412(b), is any instance of assault that involves the use of a deadly weapon, is perpetrated by someone who took intentional steps to disguise their identity, or occurs during the commission of another felony offense. Furthermore, any assault or aggravated assault committed against a uniformed or otherwise clearly identified law enforcement officer while that officer is performing their legal duties is considered a more serious offense than the basic versions of these crimes.
Notably, no actual bodily harm has to occur in order for someone to be charged with assault, but if harm does occur, the alleged perpetrator may alternatively be charged with battery under KS Stat. § 21-5413. The penalties that may result from a battery conviction can vary significantly depending on the type of individual allegedly targeted, the degree of harm that person sustained, and the method by which that harm was caused, so it is always beneficial to seek advice from a well-practiced Manhattan assault attorney when facing accusations of battery.
The severity of punishments that may come with an assault conviction vary depending on the degree of assault a defendant is convicted of. For example, a misdemeanor assault of someone other than a police officer is classified specifically as a Class C person misdemeanor offense in Kansas, meaning that the maximum punishments a court could impose would be 30 days in jail and a maximum $500 fine.
Conversely, courts determine sentences for felony assault and/or battery convictions based on a complex grid system established under KS Stat. § 21-6804, which allows for prison or probation sentences of varying lengths depending on the number of offenses a defendant is convicted of and the severity level of that particular offense. For instance, since aggravated assault is a Class VII person felony, a first conviction could result in 22 to 26 months of presumptive probation. A knowledgeable assault lawyer in Manhattan could go into further detail about what repercussions could stem from a conviction of a particular assault and/or battery charge.
Assault is a serious criminal offense in the state of Kansas. Even misdemeanor assault convictions could lead to a brief period of incarceration, and felony assault will almost always lead to you serving time in state prison.
If you need help fighting assault allegations, you should strongly consider enlisting the services of a qualified Manhattan assault lawyer. Get in touch today to see how an experienced legal representative could assist you with your case.
