BATTERY & AGGRAVATED BATTERY
BATTERY - Kansas Statute § 21-5413(a) defines battery as knowingly or recklessly causing bodily harm to another person or intentionally causing physical contact with another person in a rude, insulting, or angry manner. Simple battery is a class B person misdemeanor.
In order to convict you, the state must prove that you:
1. Knowingly or recklessly acted. That means they must establish your mental state at the time;
2. Person. There must be another person involved, but cannot be concern for a third party;
3. Bodily harm. The alleged victim must have suffered bodily harm. Harm to their mental health, property, etc. does not meet the standard; or
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party; and
4. Rude, insulting, or angry manner. This are a number of ways to establish these elements; therefore, to determine if any of these elements are met the state will consider all that was said or done during the alleged crime.
BATTERY PENALTIES - Typically, unless certain circumstances exist, this misdemeanor charge carries the potential penalty of six months in jail, restitution, fines and fees.
AGGRAVATED BATTERY - Kansas Statute § 21-5412(b), a person commits aggravated battery when battery causes great bodily harm or disfigurement to another person, bodily harm is caused with a deadly weapon, or physical contact is made with a deadly weapon. Aggravated battery can range from a severity level 8 person felony to a severity level 4 person felony.
In order to convict you, the state must prove that you:
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party;
4. Great bodily harm or disfigurement. Evidence of serious harm or change in the alleged victim's physical appearance must be stablished; or
5. Bodily harm is caused with a deadly weapon. Many things can be considered deadly weapons, if the object is used in a fashion that could result in serious injury or loss of life; or
6. Physical contact is made with a deadly weapon. There must be both the establishment of the presence of a deadly weapon and actual contact with a person here.
AGGRAVATED BATTERY PENALTIES - Typically, unless certain circumstances exist, this felony charge carries the potential penalty of 7 to 172 months in prison, restitution, fines and fees.
DEFENSES TO BATTERY OR AGGRAVATED BATTERY - (Felony and Misdemeanor)
Depending on your exact charges you may have any one of the following defenses available:
In order to convict you, the state must prove that you:
1. Knowingly or recklessly acted. That means they must establish your mental state at the time;
2. Person. There must be another person involved, but cannot be concern for a third party;
3. Bodily harm. The alleged victim must have suffered bodily harm. Harm to their mental health, property, etc. does not meet the standard; or
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party; and
4. Rude, insulting, or angry manner. This are a number of ways to establish these elements; therefore, to determine if any of these elements are met the state will consider all that was said or done during the alleged crime.
BATTERY PENALTIES - Typically, unless certain circumstances exist, this misdemeanor charge carries the potential penalty of six months in jail, restitution, fines and fees.
AGGRAVATED BATTERY - Kansas Statute § 21-5412(b), a person commits aggravated battery when battery causes great bodily harm or disfigurement to another person, bodily harm is caused with a deadly weapon, or physical contact is made with a deadly weapon. Aggravated battery can range from a severity level 8 person felony to a severity level 4 person felony.
In order to convict you, the state must prove that you:
1. Intentionally acted. That means they must establish your mental state at the time;
2. Physical contact. This can be with the alleged victim and/or something closely connected to them;
3. Person. There must be another person involved, but cannot be concern for a third party;
4. Great bodily harm or disfigurement. Evidence of serious harm or change in the alleged victim's physical appearance must be stablished; or
5. Bodily harm is caused with a deadly weapon. Many things can be considered deadly weapons, if the object is used in a fashion that could result in serious injury or loss of life; or
6. Physical contact is made with a deadly weapon. There must be both the establishment of the presence of a deadly weapon and actual contact with a person here.
AGGRAVATED BATTERY PENALTIES - Typically, unless certain circumstances exist, this felony charge carries the potential penalty of 7 to 172 months in prison, restitution, fines and fees.
DEFENSES TO BATTERY OR AGGRAVATED BATTERY - (Felony and Misdemeanor)
Depending on your exact charges you may have any one of the following defenses available:
- No intent
- Damage to something other than a person
- No bodily harm
- Object was not a "deadly weapon"
- Insufficient evidence
- Defense of others, and more.