Overland Park Domestic Battery Lawyer

Defending Against Domestic Battery Charges in Johnson County

In many cases, assault and battery charges arise because the moment became heated or someone crossed the line. Even if the allegations are false, if you have been charged with any form of battery, you need to take the matter seriously. In addition to the label that follows, you could face serious consequences that could impact your reputation, your life, your job, and your family for years.

Understanding Battery Consequences

Being accused of domestic battery in Overland Park can lead to a complex legal journey. The emotional toll these charges can bring to your personal and professional life is substantial. Individuals facing such allegations often struggle with relationship damages and social stigma, impacting their mental health and career prospects. It's critical to understand that being proactive in your defense could significantly impact the outcome, allowing you to reclaim your standing in the community.

Legal proceedings related to domestic battery require a nuanced understanding of both state and municipal regulations. In Overland Park, judges and juries take these cases very seriously, emphasizing the need for a well-prepared defense strategy. It is important to engage with a legal team that has a detailed understanding of the local judicial landscape and who can advocate on your behalf.

Assault vs. Battery

Battery is knowingly or recklessly causing bodily harm to another person or knowingly causing physical contact with another person when done in a rude, insulting, or angry manner. The penalty for battery depends on two factors: (1) the seriousness of the harm and (2) the nature of the victim. In short, the more serious the harm, the more serious the penalties. And, if the victim is involved in law enforcement in virtually any way, the seriousness of the penalties increases.

Under Kansas law, an assault happens when an accused person knowingly places another person in reasonable apprehension of immediate bodily harm. If the crime is committed (1) with a deadly weapon, (2) while disguised, or (3) with the intent to commit a felony, the crime is classified as aggravated and is a felony.

What is Domestic Battery?

Domestic battery is causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or is a family member or household member. In general, causing bodily harm can be proven through bruising, cuts, or more serious injuries. While this form of domestic battery can be easily identified, the other form of domestic battery is a little less so. You can be charged with domestic battery through physical contact that is done in a rude, angry, or insulting manner. A lot of people are surprised by this when they are charged with otherwise playful activities that were taken the wrong way.

Domestic battery can have severe consequences beyond criminal penalties. It can affect child custody arrangements, lead to protective orders, and damage both personal and professional relationships. Understanding the complexity of these charges is crucial, and having knowledgeable legal representation can make a significant difference in navigating these issues effectively.

Other charges commonly included with domestic battery:

• Criminal damage to property
• Criminal trespass
• Violation of a protective order

Have you been accused of domestic battery? Call Stolte Law, LLC, today at (913) 270-0497 or contact us online to schedule a consultation with an experienced domestic battery attorney in Overland Park.

Is Domestic Battery a Felony or Misdemeanor?

Domestic battery can be a misdemeanor or a felony. The severity of the charge depends on the nature of the injuries and whether the defendant has prior domestic battery convictions.

In addition to incarceration and fines, a conviction for domestic battery may result in other significant consequences, such as loss of firearm rights, mandatory counseling or intervention programs, and a permanent criminal record. These penalties can have long-lasting effects on one's personal and professional life, highlighting the importance of a strategic legal defense.

Additional penalties can include the following:

• Jail
• Fines
• Domestic violence offender assessment
• Batterer's Intervention Program
• Loss of firearms rights

What's the Difference Between Domestic Violence, Battery, & Assault?

• Domestic violence is a broad term that includes both domestic battery and assault. Domestic abuse includes physical, emotional, and mental abuse. When an argument or relationship, in general, becomes hostile, battery and assault may occur.
• Domestic battery refers to actual physical abuse. The effects of physical abuse are often visible in the form of cuts and bruises. Any act that could be expected to cause injury is also considered battery. Domestic battery includes punching, slapping, pushing, choking, and any other physical abuse.
• Domestic assault occurs when one member of the family causes a fear of possible and imminent battery in another family member. Assault is more emotional and mental as opposed to physical. Threats, name-calling, and other emotional attacks are considered assault.

Understanding these distinctions is critical when facing charges, as they can influence the legal strategy employed and the potential outcomes. Knowledgeably representing your case requires an attorney who can accurately interpret these nuances in the context of Kansas law.

Defenses to Battery Charges with a Domestic Violence Attorney in Overland Park

If you are accused of domestic battery, battery, or assault, you may have defenses available to you in your fight against the charges. The most common legal defense is self-defense. Self-defense is available to those when the use of force was necessary to defend a person from another's imminent use of unlawful force. There are many considerations that must be made when pursuing a self-defense theory. The first among them is proving the use of force was necessary. In Kansas, to "stand your ground," the force used must be reasonable and in response to another's imminent use of force.

Additional defenses may include disproving the credibility of the accuser, demonstrating that the contact was accidental, or showing evidence of consent in certain situations. Each situation is unique, and the strategy should be tailored to the specific circumstances and available evidence.

Because this is a legal defense rather than a factual defense, it is important to have an attorney who is willing and able to prepare the situation appropriately. If you have questions about your assault and battery charges, call 913-270-0497 to speak with Attorney Adam D. Stolte about your particular situation.

Contact Stolte Law, LLC, by calling (913) 270-0497 today to get started on your defense with a skilled Overland Park domestic battery lawyer.