DOMESTIC BATTERY DEFENSE
If you’re facing domestic violence charges in Wichita, you need a lawyer who knows what she’s doing. Nika specializes in domestic violence and domestic battery defense. She can help you.
DOMESTIC BATTERY CHARGES
In addition to the broadly defined domestic violence offenses, Kansas law also contains a criminal statute known as “domestic battery,” which is specifically tailored to violent acts committed against family or household members.
A person commits domestic battery by knowingly or recklessly causing bodily harm to a household or family member. Domestic battery also occurs where a person intentionally makes physical contact with a household or family member in an insulting, rude, or angry way. Although Kansas’ definition of domestic violence includes violent acts among people who are or were in a dating relationship, its domestic battery definition applies only to people who are family or household members.
More not-guilty jury-trial verdicts in felony cases than any other Sedgwick County criminal defense attorney between 2009 – 2014
DOMESTIC BATTERY CHARGES
Domestic battery is a Class B misdemeanor that carries a sentence of at least 48 hours and up to six months in jail; and a fine of $200 to $500. The court can also require assessment conducted by a certified batterer intervention program, and participation in the program’s recommendations.
If the defendant has a prior conviction for domestic battery within five years of the new conviction, the new domestic battery is punished as a Class A misdemeanor, which carries a maximum of 90 days to one year in jail; and a fine of $500 to $1,000. Probation is sometimes possible with certain conditions, but only when the defendant participates in batterer assessment and the recommendations previously discussed above.
Third or subsequent domestic battery convictions within a five-year period are categorized as “person felonies,” carrying a minimum of 90 days and up to one year in jail; and a fine of $1,000 to $7,500. The 90-day minimum cannot be probated, suspended, or paroled (although the inmate may be allowed to serve work release), and once released, the person must complete a domestic violence counseling program. If the sentence does not require domestic violence counseling, the defendant must serve a minimum of 180 days in jail.
A defendant charged with domestic battery may be permitted to enter a diversion program. Diversion programs typically involve counseling and community service. A defendant’s successful completion of a diversion program will result in dismissal of the charges; however, an individual may enter a diversion program only twice within a five-year period, and charges resolved through the defendant’s completion of a diversion program count as convictions when determining the level of punishment to be imposed for a new domestic battery conviction (Kan. Stat. Ann. § 21-5414).
KANSAS DOMESTIC VIOLENCE LAWS