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, Overland Park Municipal Court, Leawood Municipal Court, Shawnee Municipal Court, Merriam Municipal Court, Lenexa Municipal Court, Mission Municipal Court, Prairie Village Municipal Court, Roeland Park Municipal Court, Olathe Municipal Court, and a host of other courts in Johnson County Kansas.