Kansas Domestic Battery Defense

Domestic battery charges are a serious offense, and having a reputable attorney by your side is critical for ensuring that you have all of the legal support and guidance that you will need. At Schlagel Long Rivera, LLC, attorneys have years of combined experience in helping individuals facing domestic battery charges, and will go above and beyond to help protect your rights and your future.

Although we have helped many individuals facing a similar struggle to you, our attorneys understand that each case is unique, and needs the appropriate attention and evaluation. Don't go through domestic violence charges on your own. Let our domestic battery lawyers in Olathe help protect your rights and secure your future.

Call our firm today at (913) 359-8996 to schedule a free consultation with our domestic battery lawyers in Olathe.

Domestic Battery Criminal Charges

Domestic battery is defined extremely broad, it includes any contact done in a "rude, angry or insulting" manner. It doesn't matter whether someone is hurt, all that matters is whether the contact was committed in a "rude, angry or insulting" manner. For example: Splashing a household member with water or throwing a toilet paper roll at them could be considered domestic battery in the eyes of the law. Another example: Forging a check in your ex’s name to gain access to their finances is a form of domestic violence.

A domestic battery offense is any crime committed against a family, household member, significant other or ex.

Family or Household Member is defined by law as persons 18 years of age or older who are:

  • Spouses and former spouses
  • Parents or stepparents
  • Children or stepchildren or
  • Persons who are presently residing together or who have resided together in the past
  • Persons who have a child in common regardless of whether they have been married or who have lived together at any time
  • Persons who have a child in common regardless of whether they have been married or who have lived together at any time
  • Dating relationship defined by law is a social relationship of a romantic nature.

Factors that decide if a dating relationship exist can include:

  • nature of the relationship;
  • length of time the relationship existed;
  • frequency of interaction between the parties; and,
  • amount of time since termination of the relationship, if applicable.

Schedule your initial consultation by calling the Olathe domestic violence lawyers at our firm at (913) 359-8996 today.

Domestic Battery Defenses

Since domestic battery is defined so broadly, with complete disregard for whether any harm was actually caused, we’re left with 3 defenses.

These Include:

  • Self-defense

    Essentially, “they were attacking me” or “they were about to attack me” and “I used a reasonable amount of force to prevent/stop the attack.” Keep in mind the level of force must be “reasonable.”

  • Not “criminal” contact

    The argument is that “yes, physical contact was made, but it was not intended as ‘rude, angry, or insulting.” Or perhaps the contact was accidental.

  • No contact was made

    We’re arguing that no contact was made, and the “victim” is lying.

Penalties for Domestic Battery

The most significant and long-lasting penalty is that if you’re convicted of a Domestic Violence offense, you are prohibited from owning a firearm under federal law. Even though the conviction may be a misdemeanor, the “Domestic Violence” tag creates a ban on owning firearms.

Domestic Battery as a Felony

Domestic battery is a misdemeanor if it’s a first offense, or second offense within the last 5 years.

Domestic Battery Is A Felony If:

  • it’s the third offense within 5-years, or
  • involved strangulation, or
  • resulted in substantial injuries.

First Offense of Domestic Battery

For a first offense of domestic battery, the court may impose a sentence of:

  • 48 hours (minimum) to 6 months (maximum) in jail. A fine of $200 -$500. (a combination of jail and probation is possible); or
  • In lieu of the mandatory 48 hours and fine, sentence the offender to probation with “Batterers Intervention Program.”

Second Offense of Domestic Battery

For a second offense of domestic battery, the court may impose a sentence of:

  • 3 – 12 months in jail or as a “backup sentence”; and/or
  • Mandatory 5- days in jail followed by probation. Which can be served as 2 days in jail followed by 3 days of work release.

Third Offense of Domestic Battery

For a third offense of domestic battery (felony), the court may impose a sentence of:

  • 3 – 12 months in jail or as a “backup sentence”; and/or
  • Mandatory 90-days in jail followed by probation. This 90-days can be served as 2 days in jail followed by 88-days of work release.

Strangulation Domestic Battery

For a "strangulation domestic battery", the court can impose a sentence of:

  • 11 – 34 months in prison or as a “backup sentence” (depending on criminal history)
  • If given probation, up to 60 days of jail time.

How a Domestic Battery Attorney Can Help You

A domestic violence lawyer can help you in the following ways:

Providing objective legal advice

You will need all of the guidance that you can get during this challenging time. Your lawyer will provide you with valuable legal advice to help ensure that your rights are protected.

Supporting you

Your attorney will have worked with many other individuals facing domestic violence charges. Knowing that you have an experienced attorney by your side to help you through each step of the process can help to alleviate stress and offer you the emotional support that you need during this time.

Protecting your rights and your future

Without an attorney, you may be risking your future as well as your reputation. Your lawyer will be there to guide you at every step and will be able to help prevent you from making life-costing mistakes.

Examining your charges

Your domestic violence attorney will investigate your charges and advise you on the best next steps to take.

Collecting evidence

Your lawyer will be responsible for collecting the necessary evidence to support your case. He or she will also propose the best strategy to take moving forward.

Representing you

If your case gets taken to court, your lawyer will be there to represent you. Your attorney is your best advocate, and he or she will have the skills and experience necessary to help you reach a favorable settlement.

We are highly skilled Kansas domestic battery attorneys who will stop at nothing to attain a positive outcome to your situation. Request a consultation by dialing (913) 359-8996 or completing our online form.

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