Assault & Battery Attorney in Kansas City, Kansas

If you’ve been charged with assault or battery, it’s important to start work on your defense right away. These charges could leave a permanent mark on your record that can affect the rest of your life. An experienced criminal defense attorney can guide you through the process of handling these charges.

Over the years, I have tried many different criminal cases, and I am ready to fight for your best interests. I want to help you face your legal challenges with confidence. My firm, Richman Law Office LLC, represents clients in Kansas City, Kansas, Kansas City, Missouri, and the nearby areas.

Assault

The laws regarding assault are different in Kansas and Missouri. Threatening behavior is the basis of assault.

Assault in Kansas

When one individual accuses another of threatening or violent behavior, they may face assault charges in the state of Kansas.

Simple vs. Aggravated

There are two types of assault in Kansas: simple and aggravated. Simple assault is the less serious of the two types and is defined as intentionally causing someone to reasonably fear that they are in danger of immediate bodily harm.

Aggravated assault is a more serious charge and is defined as causing a reasonable fear of bodily harm while using a deadly weapon, while intending to commit a felony, or while disguised.

It’s important to note that, in the state of Kansas, no actual physical violence has to happen in order for simple or aggravated assault charges to be brought.

Assault in Missouri

The state of Missouri views assault differently than the state of Kansas. In Missouri, assault is classified into three different degrees — first-degree, second-degree, and third-degree.

Degrees of Assault in Missouri

Third-degree assault is the least serious type of assault in Missouri. It involves actions that could cause or did cause physical harm through negligent actions, as well as other offenses.

Examples of third-degree assault in Missouri include: attempting to injure someone, causing bodily injury due to negligently handling a deadly weapon, or threatening another person and causing them to feel afraid that they are about to be seriously injured.

Offensively engaging in contact with an incapacitated person is also considered third-degree assault. Speak with an experienced criminal defense attorney to learn more about all the actions that could be categorized as third-degree assault.

Second-degree assault is considered more serious. It involves actions such as attempting to kill someone while under the influence of a sudden passion with a specific cause, injuring someone while intoxicated by either drugs or alcohol, recklessly causing serious physical injury, and other actions.

First-degree assault in Missouri is the most serious classification of assault crime. Attempting to kill another person, or knowingly attempting or causing serious physical injury to another person, is considered first-degree assault.

Battery

Battery charges are different from — and more serious than — assault charges.

Battery in Kansas

In the state of Kansas, assault charges do not involve physical contact, but battery charges do. It is classified as either battery or aggravated battery.

By recklessly or intentionally causing someone harm, you could face a battery charge. Or if you physically caused rude, insulting, or angry physical contact, then you could face battery charges. Examples of battery include punching someone or pushing someone.

The most serious type of assault crime in Kansas is aggravated battery. In an aggravated battery, one person has intentionally or recklessly caused bodily harm to someone with the use of a deadly weapon, caused great bodily harm, or caused physical contact in a rude or insulting manner with a deadly weapon and created a fear of great bodily harm.

Battery in Missouri

In the state of Missouri, there are no battery charges. Instead, a charge that would be considered battery in a different state would be classified most likely as either a second-degree or first-degree assault in Missouri.

Possible Penalties

The consequences of assault and battery charges depend on a number of different factors.

Kansas

There are several different types of penalties that you could receive for assault and battery charges. The more serious the charge is, the more serious the penalty will be. Examples of less serious penalties include counseling classes and work release programs. More serious penalties include fines and jail time.

Missouri

In Missouri, the penalties for assault charges depend on the degree of the assault. The consequences can include fines, restitution, jail time, and other penalties.

Possible Defenses for Assault & Battery

An experienced criminal defense attorney can help you prepare a defense against assault and battery charges. You may have been charged wrongfully, or it may be impossible for the prosecutor to prove that you committed the crime beyond a reasonable doubt. Self-defense is another possible defense against these types of charges.

Speak with an experienced criminal defense attorney to determine the best path forward for your case.