If you are being charged with arson, in Overland Park, Kansas, this blog will explain what the prosecutor must prove you did, the potential punishments and your defenses.

Kansas Arson Defined
Whether your crime was in Johnson County, or somewhere else in Kansas, arson is if you knowingly or accidentally, by means of fire or explosive, damage any building or property with the intention to injure or defraud an insurer of the property or the owner of the property. Arson is also damaging any property or building by fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance. You many set the fire for enjoyment or with the intention of fraud and be charged with the same crime. Here are some of the other common fire starting reasons, that have resulted in this criminal charge:

• vandalism
• excitement
• revenge
• profit
• extremism 
• concealment of another crime

Kansas Aggravated Arson
As you will see below, if you are charged with an aggravated arson the potential jail/prison time greatly increases. Arson becomes an aggravated offense when:

• someone, or more than one person, was in the building or property when the crime was committed; or
• if law enforcement (ex. fire fighter, police officer) suffered great bodily harm or disfigurement while rescuing, putting out the fire, investigating, etc.

Kansas Arson Punishments
In Johnson County, Kansas along with fees and fines, here are the potential consequences:
Level 6, person felony (minimum 32 months imprisonment)

• Knowingly, by means of fire or explosive damaging any building or property which is a dwelling (a house, apartment, or other place of residence.) in which another person has any interest without the consent of such other person.
• Knowingly, by means of fire or explosive damaging any building or property is a dwelling (a house, apartment, or other place of residence.) with intent to injure or defraud an insurer or lienholder; is a severity level 6, person felony;

Level 7, nonperson felony (minimum 15 months imprisonment)

• Knowingly, by means of fire or explosive damaging any building or property which is not a dwelling (a house, apartment, or other place of residence.) in which another person has any interest without the consent of such other person.
• Knowingly, by means of fire or explosive damaging any building or property which is not a dwelling (a house, apartment, or other place of residence.) with intent to injure or defraud an insurer or lienholder.

Level 7, person felony (minimum 22 months imprisonment)

• accidentally, by means of fire or explosive as a result of manufacturing or attempting to manufacture a controlled substance damaging any building or property which is not a dwelling (a house, apartment, or other place of residence.).

Level 3, person felony (minimum 89 months imprisonment)

• Aggravated arson is committed upon a building or property in which there is a human being and results in a substantial risk of bodily harm.
• Aggravated arson which results in great bodily harm or disfigurement to a firefighter or law enforcement officer in the course of fighting or investigating the fire.

Level 6, person felony (minimum 32 months imprisonment)

• Aggravated arson is committed upon a building or property in which there is a human being and results in a no substantial risk of bodily harm.

Kansas Arson Defenses
Oftentimes, these cases require that you have an expert review the evidence against you and refute the findings.  Some defenses against this crime are as follows:

• alibi
• mistaken identity
• lack of motive
• inaccurate/unreliable evidence

Defending against arson is often difficult, particularly where there is believed to be a motive (ex. insurance fraud).  The prosecutor must show that you were both the correct person and the cause of the fire. You need an aggressive Kansas defense attorney on your side. Your freedom is at risk. Call us NOW 913.602.7288.

Most of your clients finds us via word-of-mouth or online. Overland Park, Kansas is a big area with lots of personal injury attorneys in practice. How can you pick the best one? We offer you these tips:

1. Review their website. Usually on the home page, of their site, you should be able to find client reviews, case results, legal affiliations and an "about" page. That will give you some insight into how you will be treated, and how your case will be handled, before you hire him/her;
2. Call for your free consultation. Most, if not all, Overland Park, Kansas injury lawyers offer a free phone consultation. Use that time to see if your needs can be met, if the attorney is knowledgeable, and whether or not your case is one that the lawyer has the time to handle;
3. Find a specialist. Look for an injury attorney that doesn't practice all law. If they practice in only a couple of areas they are more likely to be an expert in their field. That is because they have the time and experience, specifically in the area where you need the help. You need an expert; and
4. Bigger doesn't always equal better. Just because a personal injury lawyer is on a billboard, t.v. commercial, radio, or has lots of staff, doesn't mean that is the best lawyer for you. Many great Kansas injury lawyers don't use those mediums to advertise at all. Further, if you pick a large firm your case will likely be passed off to a paralegal instead of being handled by a licensed Kansas attorney. We suggest that you err on the side of small to medium firm that allows you to speak directly to the attorney. 

Remember you will only have one shot at getting the money you deserve, because of your accident. The attorney you pick matters! If you, or your loved one, has been injured in Kansas we are here to help. Call to speak to an attorney NOW 913.602.7288. We have recovered tens-of-thousands of dollars for clients just like you. 

Under Kansas law, you can be found guilt of shoplifting, a petty theft, if you (or a minor that you are the parent or guardian of) take the property of another with the intent to permanently deprive the rightful owner.  Oftentimes, you will not be arrested for this crime; rather, you will be given a date to appear in court. Many may advise you that there is no jail time associated with these charges but, that is inaccurate.

Kansas Shoplifting/Petty Theft Penalties

• two times the retail cost of the item, or $50, up to $500, so long as the merchandise can be resold
• $50 or 50% of the retail cost of the item, whichever is greater, up to $350 if the item cannot be resold
• shop owner's attorney fees 
• court costs
• one year jail and up to $2500 fines
• If you have prior theft convictions, or pending ones, and the value of the item is less than $1000 (normally a Class A misdemeanor) the charge may escalate to a level 9 felony, punishable by up to 7 months in jail.

Kansas Shoplifting/ Petty Theft Defenses

• rights to or ownership 
• intoxication
• return of property
• entrapment

If you are being accused of shoplifting or petty theft, in Johnson County, or across the state of Kansas you need a lawyer NOW. Even if you only were given a ticket and gave the item back, your freedom and future are on the line. We are available to answer your questions 7 days a week, and we offer payment plans. Call today 913.602.7288.
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For over ten years, Johnson County, Kansas has enforced "Jessica's Law".  It was created in response to public outcry and demand for increased penalties for sex crimes involving minors. This is a nationwide sentencing structure. 

Kansas Jessica's Law Crimes
If you are charged with a sex crime, that involves a minor, your case may fall under a Jessica's Law crime. Intercourse need not occur. Indecent liberties, under Kansas law, includes touching or fondling. If the alleged victim is under 14 years old, any of the following crimes will be under Jessica's Law:

• Aggravated human trafficking if the victim is under 14
• Rape, as defined by K.S.A. 21-5503
• Aggravated indecent liberties with a child
• Aggravated criminal sodomy
• Promoting prostitution when the prostitute is under 14 years old
• Sexual exploitation of a child when the child is under 14 years old
• Criminal solicitation, as defined by K.S.A. 21-5301; and any
• Attempts or conspiracies to perpetrate such crimes.

Kansas Jessica's Law Penalties
Crimes that fall into the above categories depart from the normal sentencing grid, if you are convicted. Further, the discretion the judge normally has, during sentencing, is much more limited in these instances. The potential consquences are:

• First offense - life in prison, without being eligible for parole for 25 years;
• Second offense (with priors from any jurisdiction across the nation) -  life in prison, with a mandatory minimum term of not less than 40 years;
• Third, or more, offense (with priors from any jurisdiction across the nation) - 40 in prison without the possibility of parole; or
• Keep in mind that your prior sexual offenses need not be involving a minor. If you have two or more prior convictions, for any sexually violent crime, in Kansas you are considered an aggravated habitual sex offender. If you have had only one prior sexually violent crime you can be sentence to life in prison, with the possibility of parole after serving 40 years in prison, if one of those convictions falls under Jessica's Law.

In addition to the time spent in confinement, you will likely be forced to register as a sex offender for the rest of your life.

Kansas Jessica's Law Reduced Sentences (i.e. mitigating factors)
While the judge may have less liberty, during sentencing, in these cases, he/she does have some. If you are convicted, your attorney will want to share with the court the following, in order for you to be considered for a lesser sentence:

• You have no prior criminal activity;
• You were under extreme mental or emotional distress;
• You acted under duress while dominated by another person;
• Your mental capacity to understand the criminality of your acts was substantially impaired; and/or
• Your age at the time of the crime.

Kansas Jessica's Law Defenses
You have defenses to crimes that fall under this category, just as there are in all cases involving an alleged sex crimes, as follows:

• lack of/poor evidence 
• false allegations
• deviation from the "Finding Words" protocol that amounted to coaching
• your age
• retaliation
• poor/lack of proper identification, etc.

Consent is never a defense available, for sex crimes involving adults with minors. Beware of attorneys who are afraid to appropriately interview/cross-examine the alleged young victim. Your freedom is dependent upon a quality defense. 

Tips​
We'd like to offer you an important piece of advise, as we do on all blogs that are involving sex crimes. If you are under investigation, been accused of, or formally charged with a crime under Jessica's Law, you should NOT:

• contact the alleged victim in this case 
• discuss this matter with anyone, besides your lawyer
• respond to any new/old conversations about the allegations (ex. dating sites, Facebook, etc.)
• solicit new relationships
• speak to law enforcement
• give electronics (ex. your phone, computer, camera, etc.) to anyone
• provide passwords to your social media, dating websites, email, phone, etc.

While you may know you are innocent of this crime, you cannot risk your rights and a quality defense. Don't do or say anything before speaking with an experienced Johnson County, Kansas attorney. Our office is here to defend you and preserve your good name. Call us NOW, for your free consultation, 913.602.7288. We offer payment plans.

Across the nation, and right here in Johnson, County, Kansas, there are ongoing online operations that are targeting those who solicit minors to engage in sexual activity. There was time that having inappropriate conversations, that led to no significant attempt toward following through with an illicit act, could mean the dismissal of the criminal case against you. Kansas offers no such loophole, under the law, any longer. The district attorney need only prove, beyond a reasonable doubt, that you sent the messages. This would qualify as attempted indecent liberties with a minor - the prosecutor's case theory. Additionally, the person you believe you are chatting with need not actually be a minor. Rather, you only need to be chatting with a purported minor.

Electronic Solicitation Defenses
Loopholes gone, there are still defenses you may have:

• Entrapment
• Vague conversation that doesn't rise to the required threshold of solicitation
• Mitigating factors - personal things in your life that may reduce your charges/sentence
• Law enforcement purposefully added enhancers

Electronic Solicitation Penalties
You can be sentenced with these penalties, even if it is your first charge. Depending on if you are charged with state or federal charges, you may be facing anywhere from 3 to 12 years in prison. In addition, you will be forced to register as a sex offender for the remainder of your life.

Tips​
We'd like to offer you an important piece of advise, as we do on all blogs that are involving sex crimes. If you are under investigation, been accused of, or formally charged with sexual assault, you should NOT:

• contact the alleged victim in this case 
• discuss this matter with anyone, besides your lawyer
• respond to any new/old conversations about the allegations (ex. dating sites, Facebook, etc.)
• solicit new relationships
• speak to law enforcement
• give electronics (ex. your phone, computer, camera, etc.) to anyone
• provide passwords to your social media, dating websites, email, phone, etc.

While you may know you are innocent of this crime, you cannot risk your rights and a quality defense. Don't do or say anything before speaking with an experienced Johnson County, Kansas attorney. Our office is here to defend you and preserve your good name. Call us NOW, for your free consultation, 913.602.7288. We offer payment plans.

Kansas laws have several different types of crimes that are considered sexual assault. In Johnson County, Kansas and across the state, where unwanted sexual contact exists there is a place for criminal action. This can include:

• kissing
• fondling
• sexual touch, etc.

This does not require intercourse, and falls under sexual battery or sodomy. 

Kansas law qualifies rape as non-consensual intercourse. 

Many believe sexual assault is where there is no relationship between the parties (i.e. strangers); however, you must remain aware that you can be, any of the following, and be charged with sexual assault:

• boyfriend/girlfriend
• husband/wife
• dating
• relatives
• acquaintances
• friends
• co-workers, etc.

Kansas Sexual Assault Defenses
These are difficult charges to overcome and will take an emotional toll on you. There are defenses to these accusations, such as:

• consent
• lack of evidence (ex. no DNA)
• retaliation
• poor/lack of proper identification, etc.

Kansas Sexual Assault Penalties
In Johnson County, Kansas these charges are pursued aggressively and come with stiff penalties. If you are convicted, on your first charge or after numerous charges, you may be facing over 12 years and up  to over 13 years of prison time. In addition to fines and fees, you must also register, for the rest of your life, as a sex offender. 

We'd like to offer you an important piece of advise. If you are under investigation, been accused of, or formally charged with sexual assault, you should NOT:

• contact the alleged victim in this case 
• discuss this matter with anyone, besides your lawyer
• respond to any new/old conversations about the allegations (ex. dating sites, Facebook, etc.)
• solicit new relationships
• speak to law enforcement
• give electronics (ex. your phone, computer, camera, etc.) to anyone
• provide passwords to your social media, dating websites, email, phone, etc.

While you may know you are innocent of this crime, you cannot risk your rights and a quality defense. Don't do or say anything before speaking with an experienced Johnson County, Kansas attorney. Our office is here to defend you and preserve your good name. Call us NOW, for your free consultation, 913.602.7288. We offer payment plans.

There are a number of incidents that may prompt sex offense charges, in Johnson County, Kansas. Each has a unique set of elements that the prosecutor must prove to convict you of a crime. Here is a list of potential criminal sex offenses:

• Sexual Assault
• Statutory Rape
• Child Pornography
• Internet Solicitation
• Prostitution & Solicitation

These are serious charges and could permanently damage your personal record. We will talk more, this week, about each of these charges and their defenses. If you are under investigation, have been charged with a sex crime, or have just been part of a sting operation, you need an experienced Johnson County, Kansas attorney. Call us NOW 913.602.7288.