ASSAULT & BATTERY ATTORNEY IN NEWTON, KANSAS

If you have been arrested for assault and battery, you could be looking at negative consequences, even if it is only a misdemeanor charge. There are a few different charges that fall in this category, and you must understand how your specific charge will affect you and the best ways to mount a defense. Regardless of your guilt or innocence, you are still entitled to the full protection of the law, and you deserve to have an experienced criminal defense attorney upholding your rights.

I started CornerStone Law, LLC, in Newton, Kansas, 25 years ago to serve the members of my community, and I can help you too. If you are in the Newton area or the surrounding area, including Wichita, Hutchinson, El Dorado, McPherson, or Hillsboro, Kansas, contact me today to set up a consultation.

DEFINING ASSAULT & BATTERY

In short, an assault and battery charge is when you intentionally harm another person. Though you often hear the two terms used together, they each represent their own legal designation. Assault can include threatening behavior or attempting to cause harm even if it doesn't cause an injury, while battery covers the actual physical contact of another person.

TYPES OF ASSAULT & BATTERY 

SIMPLE ASSAULT

Simple assault is usually charged as a misdemeanor. It is often the result of a threat of physical harm or actual physical harm that may cause minor injuries. It could be simply threatening to punch or slap someone or shoving someone who then sustains minor bruising.

AGGRAVATED ASSAULT

Aggravated assault is a felony charge; and can include the same acts as a simple assault charge, except there’s an added aggravating factor, i.e. something that makes the crime worse or more serious. This could be using a weapon, wearing a disguise, assault with the intent of committing a felony, or an assault against someone in a protected class, such as the elderly or mentally disabled.

SIMPLE BATTERY

Battery is knowingly or recklessly causing bodily harm to someone else; but can also include making physical contact with another person in a “rude, insulting, or angry manner.” For example, simple battery would be punching someone during an argument; however, you can still be charged with battery even if the other person is physically unharmed, like ripping their clothes. This can either be tried as a misdemeanor or a felony.

AGGRAVATED BATTERY

Aggravated battery is a felony offense and starts with a simple battery charge of knowingly or recklessly causing harm to another person. However, now there’s an aggravating element like using a deadly weapon, causing great bodily harm or disfigurement, or driving under the influence of alcohol or drugs and harming another.

POSSIBLE PENALTIES 

The penalties associated with an assault and battery charge will vary greatly on the offense and with your criminal history. A simple assault charge could land you 30 days in jail and a $500 fine, while an aggravated battery charge could mean multiple years in jail. In some cases, the judge will have leeway in sentencing, but in other cases, they will have to follow the sentencing guidelines laid out by the state. You may also be issued a restraining order to further protect the victim.

POSSIBLE DEFENSES

In many cases of assault, you may have legitimately been trying to protect yourself, someone else, or your property. In all of these instances, if you can prove that you were threatened, felt you were in imminent harm, did not provoke the threat or attack, and could not have reasonably retreated, you may have a strong case in your defense. In these cases, a judge will generally ask if a reasonable person would have acted in a similar way to you.