KANSAS SEXUALLY VIOLENT OFFENDER DEFENSES
In Johnson County, Kansas, and across the state, "sexually violent offender" (SVP) is considered an extremely dangerous person. Under the statue if you are convicted or charged with sexually violent offense (ex. rape) and suffer from a mental abnormality or personality disorder that make you likely to reoffend in acts of sexual violence. If the Court believes your needs are inadequately met without it's intervention it can subject you to civil commitment. The court will have a hearing to determine if probable cause exists to take you into custody and determine if you are to be sentence under the Sexually Violent Offender Act (SVPA). If given this designation will likely be required to register as an offender for 15 years to life. Depending on your case, under Jessica's law you may be under supervision and/or electronic monitoring for life.
However, if you were deemed a juvenile offender for breach of privacy or internet trading in child pornography you would not be required to register. Otherwise you must register under KORA for a minimum of 15 years.
Depending on your exact charges you may have any one of the following defenses available:
Trying to defend yourself will likely be unsuccessful. Your innocence will not be establish because you are cooperative, provide a statement, relinquish your electronics, etc. You need a Kansas defense attorney on your side. Call NOW 913-602-7288. Visa and MasterCard payments accepted. Payment plans are available.
However, if you were deemed a juvenile offender for breach of privacy or internet trading in child pornography you would not be required to register. Otherwise you must register under KORA for a minimum of 15 years.
Depending on your exact charges you may have any one of the following defenses available:
- Lack of prior or current sexually violent crime
- Improper designation
- Insufficient evidence
- Lack of requisite culpable mental state
- Consent (not available where minor's are involved)
- Your age, and more.
Trying to defend yourself will likely be unsuccessful. Your innocence will not be establish because you are cooperative, provide a statement, relinquish your electronics, etc. You need a Kansas defense attorney on your side. Call NOW 913-602-7288. Visa and MasterCard payments accepted. Payment plans are available.
KANSAS HABITUAL OR REPEAT SEX DEFENSES
Kansas statute will label you a habitual sex offender if you:
You may have several defenses to habitual offender accusations:
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. You will be sentenced to life in prison without the possibility of parole. 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 and remain on parole for the rest of your life. (State v. Cash) It is also possible to be subject to electronic monitoring for the rest of your life. Further, if the mandatory sentence of 25 or 40 years could be imposed but your overall criminal history (not just sex crimes) would cause you to get 300 or 480 months then you will receive the harsher sentence according to the guidelines.
- Have been convicted in Kansas of a sexually violent crime, and has one or more prior convictions of the same (or comparable convictions); or
- Have been convicted of rape, and have one or more prior rape convictions.
You may have several defenses to habitual offender accusations:
- Lack of priors (or not applicable crimes)
- Retaliation
- Statute of Limitations
- Mistaken Idenity
- Alibi, and more
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. You will be sentenced to life in prison without the possibility of parole. 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 and remain on parole for the rest of your life. (State v. Cash) It is also possible to be subject to electronic monitoring for the rest of your life. Further, if the mandatory sentence of 25 or 40 years could be imposed but your overall criminal history (not just sex crimes) would cause you to get 300 or 480 months then you will receive the harsher sentence according to the guidelines.
KANSAS SEX CRIMES MYTHS:
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
See the non-drug sentencing grid by click HERE.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- If you think your charges are minor, you are wrong. All sex crimes in Kansas are serious;
- If you think being a "first-time offender", or otherwise having not been in any trouble, will work in your favor you are largely mistaken;
- If you think your lack of knowledge (or in some instances consent) may help you avoid prosecution you are wrong there too;
- If you think you have destroyed, damaged or discarded evidence against you (ex. text messages, video, computer data, phone records, emails, chat room history, "dark web" items accessed, etc.), think again. Forensic recovery is likely;
- If you think because time has passed since the alleged crime /investigation/police contact, the matter is over, don't be fooled. Contact was initiated for a reason and investigations (including warrants) take time. Your arrest is likely forthcoming;
- If you think cooperating with police (ex. giving statements, handing over your belongings, providing DNA samples, etc.) shows your innocence, you are absolutely doing what is against your own best interest;
- If you think the age of your prior crimes make those irrelevant, know that Kansas prosecutors will pull your nationwide criminal history and provide that to the court.
POTENTIAL CONSEQUENCES FOR KANSAS SEX CRIMES
You are facing aggressive investigation and prosecution, and the penalties are severe, for all Kansas state sex crimes. Life imprisonment without the possibility of parole, and lifetime registration as a sex offender are real possibilities in some sex crime cases.
If convicted, judges in Kansas can use some discretion when imposing sentence. Generally the sentencing guidelines, on the grid, is used. However, some are considered Jessica's Law matters and are "off-grid" charges. That means harsher consequences are possible.
UNDERSTANDING THE KANSAS SENTENCING/PENALTY GRID
The sentencing grid divides crimes by severity level (the vertical axis of the grid, numeric levels), and
categorizes you by your prior criminal records (the horizontal axis, levels A-I).
Kansas sex offenses (i.e. non-drug crimes) are divided into severity levels 1-10.
Your criminal history designations, level A is the most serious, if you have three or more convictions for “person” felonies (crimes committed against people). Level I is the least serious designation, if you have no criminal record or only one misdemeanor conviction.
See the non-drug sentencing grid by click HERE.
KANSAS OFF-GRID FELONIES PENALTIES
Some crimes in Kansas are called "off-grid felonies". Most off-grid felonies are very serious crimes, punishable by the death penalty or life imprisonment. For example, if you are charged with rape of a child that is an off-grid felony, it is punishable by life in prison.
KANSAS SEX CRIMES FINES
If convicted, not only are you facing prison time, the court can impose a hefty fine, as follows:
- up to $500,000 if you are convicted of an off-grid felony crime;
- up to $300,000 if you are convicted of a level 1-5 sex crime; or
- up to $100,000 if you are convicted of any other level of sex felony.
Jessica's Law may apply to these charges. This will substantially increase your potential penalties. Read more on that page about ways to protect yourself during a Kansas law enforcement of child protective services investigation. One of the best ways is getting an attorney TODAY. Call NOW 913-602-7288.
You need an attorney you trust to represent and advocate for you. Remember that the other side aren't working for you, and aren't your friends. Hiring Attorney T. Morton may be the most important decision you make. Call now for your free 20 minute consultation 913.602.7288.
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.