Despite popular belief, assault and battery are separate offenses with different elements and different consequences if convicted.

However, a conviction for either can have serious repercussions for your future.

An assault or battery charge in Kansas requires immediate legal representation, as making any statements without a lawyer present could jeopardize your freedom.

This applies whether you are accused of domestic assault or battery, sexual assault or battery, or you got into a fight with a stranger in a bar.

The experienced assault and battery lawyers at Irigonegaray & Revenaugh, LLP in Topeka will protect your rights and start working on a defense that protects your freedom.

Assault is an intentional act or threat of action that reasonably causes a person to feel afraid of impending violence.  The threat must be credible and, to be convicted, the person making it must have the ability to carry out the stated action.

With assault, there is no requirement for physical violence or any physical contact at all. It is enough to threaten action. Raising a fist at someone and threatening to beat them up (without actually striking the person) is a good example.

The main difference between assault and battery is that to be charged with battery requires physical contact.

If a person raises a fist and threatens to beat someone up and then strikes the person, a charge of battery could be filed because there is offensive physical contact. Even grabbing and ripping another person’s clothing can be sufficient for a charge of battery.

For the prosecution to secure a conviction for assault or battery, they must prove that the defendant acted intentionally.

For assault, the defendant must “knowingly” place another person in reasonable apprehension of immediate harm.

For battery, a person must “knowingly or recklessly” cause bodily harm to another person or “knowingly” cause physical contact with another person in a rude, insulting, or angry manner.

To act knowingly is to be aware that one’s conduct is reasonably certain to cause a particular result. For instance, if a person punches someone in the face, it is reasonably certain that it will cause a facial injury.

To act “recklessly” is to consciously disregard a risk in a way that is a gross deviation from the standard of care that a reasonable person would exercise in the same situation.

When battery is targeted at a member of the household, it is called domestic battery. If you are accused of this in Kansas, you can expect to be arrested and charged.

A household member may be a family member, a current or ex-cohabitant of the residence, a spouse, an ex or someone with whom the defendant has a child.

What is sexual battery in Kansas?

When a person over the age of 16 (other than a spouse) is touched without consent for sexual arousal or pleasure, a charge of sexual battery can be filed.

Punishments for assault and battery convictions in Kansas vary greatly. The judge has sentencing guidelines but may also exert a great deal of discretion.

The exact nature of the offense and the criminal history of the defendant will be taken into account during sentencing.

Convictions can be punished as misdemeanors or, in the most serious cases, felonies.

Punishments may include:

• Imprisonment
• Probation
• Community Correctional Services Program
• Conservation Camp (supervised living arrangements)
• House arrest
• Work release program
• Alcohol and drug counseling
• Suspended sentence (misdemeanor offenses only)

If case dismissal or acquittal at trial is not possible, the skills and experience of your criminal defense lawyer will count during sentencing.

A seasoned assault and battery lawyer can often present a strong case for a suspended sentence or for the sentence to be served in the community rather than in prison.

With a suspended sentence, the defendant must comply with a set of conditions set by the court, such as not committing any further crimes, for the sentence to remain suspended.

What are the penalties for simple assault?

Most times, simple assault is prosecuted as a Class C misdemeanor, which may include the following penalties:

• Up to one month in jail
• A fine of up to $500
• Probation
• Restitution to the victim

Simple assault against a law enforcement or school police officer while performing his or her duties is upgraded to a Class A misdemeanor:

• Up to 12 months in jail
• A fine of up to $2,500
• Probation
• Restitution to the victim

What are the penalties for simple battery?

The penalties for simple battery depend on the precise nature of the offense.

The following are prosecuted as Class A misdemeanors:

• Sexual battery
• Battery against a school employee performing his or her duties on school property or at a school event
• Battery against a law enforcement officer (this may also be sentenced as a felony – see below)

Domestic battery is a Class B misdemeanor, which ordinarily includes the following penalties in Kansas:

• Up to six months in jail
• A fine of up to $1,000
• Probation
• Restitution to the victim

Penalties are more severe if the offender has a previous conviction for domestic battery.

Certain cases of assault and battery in Kansas can be prosecuted as level five or level seven felonies. That means more severe punishments and a more serious crime appearing on your criminal record.

You’ve already seen that battery against a law enforcement officer engaged in duty may be prosecuted as a Class A misdemeanor.

It can also be treated as a severity level five or level seven felony if perpetrated against certain officers and/or with the intention of causing injury. Battery against a mental health worker is also treated as a severity level seven felony.

The possible penalties according to sentencing guidelines in Kansas for severity level seven felonies are:

• 11 – 34 months in jail
• $100,000 fine
• Probation for 36 or 24 months
• Restitution to the victim

Level five felonies can result in the following:

• 31 – 136 months in jail
• $300,000 fine
• Probation for 36 or 24 months
• Restitution to the victim

Again, these penalties are generally more severe if the accused has a prior criminal record.

Judges in Kansas have considerable discretion with felony sentencing if there are mitigating or aggravating factors present. The law provides for the following possibilities:

• “Presumptive imprisonment” with no probation permitted
• “Presumptive probation” with an alternative sentence to imprisonment, and
• “Border box” sentences where imprisonment or non-prison alternatives are applied at the court’s discretion.

This means that the intervention of an experienced criminal attorney may be vital to lessen the consequences against anyone convicted of assault or battery.

Contact Irigonegaray & Revenaugh, LLP Today

If you are charged with assault or battery in Kansas, you need to take swift action. Otherwise, long-term and life-altering consequences can result.

At Irigonegaray & Revenaugh, LLP in Topeka, our assault and battery lawyers are experienced at defending those accused of such offenses. We will work tirelessly to clear your name or reduce the consequences for your future.