KANSAS SIMPLE & AGGRAVATED ASSAULT
SIMPLE ASSAULT - Kansas Statute § 21-5412(a) establishes that a person commits simple assault when they knowingly place another person in reasonable apprehension of immediate bodily harm. Simple assault is a class C misdemeanor.
In order to convict you, the state must prove that you:
1. Knowingly 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. Reasonable Apprehension. If what happened would not cause another, similarly situated person, to also believe harm was forthcoming, then reasonableness is absent;
4. Immediate. The threat must not be for some period of time in the future and/or be conditional; and
5. Bodily harm. The alleged victim's apprehension must involve fear for their physical self, not objects, property, pets, etc.
SIMPLE ASSAULT PENALTIES - Typically, unless certain circumstances exist, this misdemeanor charge carries the potential penalty of one month in jail, restitution, fines and fees.
AGGRAVATED ASSAULT - Kansas Statute § 21-5412(b), a person commits aggravated assault when the assault is committed with a deadly weapon, while the alleged offender was disguised to conceal their identity, or with the intent to commit a felony. Aggravated assault is a severity level 7 person felony.
In order to convict you, the state must prove that you:
1. Knowingly 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. Reasonable Apprehension. If what happened would not cause another, similarly situated person, to also believe harm was forthcoming, then reasonableness is absent;
4. Immediate. The threat must not be for some period of time in the future and/or be conditional;
5. Bodily harm. The alleged victim's apprehension must involve fear for their physical self, not objects, property, pets, etc.; and
6. Disguised/Felony Intent. You must have been trying to be unidentifiable or intended upon committing another felony act (ex. robbery).
AGGRAVATED ASSAULT PENALTIES - A level 7 felony can result in 11-34 months in prison, up to $100,000 in fines, probation for 24 to 36 months, and any applicable restitution.
DEFENSES TO SIMPLE OR AGGRAVATED ASSAULT - (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 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. Reasonable Apprehension. If what happened would not cause another, similarly situated person, to also believe harm was forthcoming, then reasonableness is absent;
4. Immediate. The threat must not be for some period of time in the future and/or be conditional; and
5. Bodily harm. The alleged victim's apprehension must involve fear for their physical self, not objects, property, pets, etc.
SIMPLE ASSAULT PENALTIES - Typically, unless certain circumstances exist, this misdemeanor charge carries the potential penalty of one month in jail, restitution, fines and fees.
AGGRAVATED ASSAULT - Kansas Statute § 21-5412(b), a person commits aggravated assault when the assault is committed with a deadly weapon, while the alleged offender was disguised to conceal their identity, or with the intent to commit a felony. Aggravated assault is a severity level 7 person felony.
In order to convict you, the state must prove that you:
1. Knowingly 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. Reasonable Apprehension. If what happened would not cause another, similarly situated person, to also believe harm was forthcoming, then reasonableness is absent;
4. Immediate. The threat must not be for some period of time in the future and/or be conditional;
5. Bodily harm. The alleged victim's apprehension must involve fear for their physical self, not objects, property, pets, etc.; and
6. Disguised/Felony Intent. You must have been trying to be unidentifiable or intended upon committing another felony act (ex. robbery).
AGGRAVATED ASSAULT PENALTIES - A level 7 felony can result in 11-34 months in prison, up to $100,000 in fines, probation for 24 to 36 months, and any applicable restitution.
DEFENSES TO SIMPLE OR AGGRAVATED ASSAULT - (Felony and Misdemeanor)
Depending on your exact charges you may have any one of the following defenses available:
- Self-defense
- Conditional threats
- No intent
- Mistaken identity
- Insufficient evidence
- No weapon
- No disguise, and more.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court in Kansas City, Kansas.