Kimberly J. Benjamin, Founder & Managing Attorney
January 15. 2022.
Is Domestic Violence a Felony in Kansas?
Depending on the crime committed, domestic violence in the state of Kansas can be a felony or a misdemeanor. There are three domestic violence classifications: class A misdemeanor, class B misdemeanor, and class C misdemeanor.
The consequences for a domestic violence conviction depend on the classification of the offense.
- Class A misdemeanor – maximum sentence is one year in jail or a fine of up to $1,000
- Class B misdemeanor – maximum sentence is up to six months in jail or a fine of up to $500
- Class C misdemeanor – maximum sentence is up to one year in jail or a fine of up to $7,500
If you face domestic violence charges, contact The DWI & Criminal Law Center today! You will receive attentive service and a skilled lawyer who will fight to protect your future.
Kansas City Domestic Violence Laws
While being one of the most daunting and stigmatized crimes that one can be accused of, domestic violence is actually very common.
In Kansas City, MO, domestic violence is characterized as any emotional abuse or physical abuse, threats, or any kind of harassment between persons who have had a close romantic, social, or familial relationship.
Missouri has put in place domestic violence laws that protect spouses, household members, intimate partners, children, and family members from coming to harm from loved ones.
Any violence against a current or former family member, spouse, or person that a person previously lived with or with whom one has been in a romantic relationship or has a child with is a crime.
In addition to physical abuse, in Kansas City, Missouri, domestic abuse may include acts of child abuse, verbal abuse, elder abuse, assault, unlawful imprisonment, battery, sexual assault, coercion, harassment, kidnapping, and stalking, among others. Stalking is defined as a deliberate act of another that reasonably causes the alleged victim to be afraid and that serves no legitimate purpose.
When defining domestic violence, the type of act committed does not matter as much as the relationship between the perpetrator and the victims.
There are two types of orders of protection available to the alleged victims. Ex parte orders of protection are usually granted by the judge if he or she believes that there is an immediate and present danger of domestic abuse. These restraining orders can be granted without the alleged abuser’s knowledge, and they are valid until a court hearing, which usually occurs within 15 days. For full protective order, the involved parties have the chance to tell their side of the story at a court hearing. If this protection order is granted, it can last from 180 days to a year.
Many clients facing domestic abuse or violence charges usually believe that they can only be charged if the altercation or argument resulted in serious injuries. Many also mistakenly believe that the victim can get the charges dismissed or dropped.
Like many other criminal offenses, domestic violence offenses are offenses against the state, and the prosecutor may press charges even if the alleged victim of the crime wishes otherwise. Domestic violence falls under the four degrees of domestic assault and will be punished accordingly.
For this reason, you need to hire a law firm such as the Missouri DWI & Criminal Law Center.
We provide free initial consultation on your case and offer legal advice on handling the case, including other aspects such as child custody and child support.
We can also advise on a protective order or restraining order that may be slapped against you.
Domestic Violence Defense
If you are looking for the best attorney in the Kansas City area in general, there are no better attorneys than those at the Missouri DWI & Criminal Law Center.
Our law office has the best attorneys that have successfully handled all manner of domestic violence legal issues in the city and across the state.
Once you have been charged with domestic violence, we always recommend that you call us as soon as possible to establish an attorney-client relationship. Once we have all the information, we can then begin to prepare the defense according to the circumstances of your case.
You can also be charged with higher crimes if you:
- Caused physical injury
- Attempted to kill the victim
- Used a deadly weapon
- Isolated the victim using electronic or physical means
- Performed actions that you knew could cause serious injury or death
The state will usually charge an offender with a misdemeanor or a felony if they are found guilty of a higher-level domestic abuse charge.
Given the nature of these crimes, it is critical to have a good defense attorney as such crimes could land one in prison depending on the circumstances. Even the most minor domestic charges could remain on your criminal record for life.
At the Missouri DWI & Criminal Law Center, we provide free consultations to prospective clients. Our attorneys could help prove your innocence so that you can retain your clean criminal record and begin putting your life back together.
Contact a Family Violence Lawyer
Family law issues tend to be complex and complicated. Unluckily, many people face false domestic violence allegations when they did not threaten or commit violence. It is never wise to assume that you will not be convicted just because you did not commit the crime.
At the Missouri DWI & Criminal Law Center, we fight for you every step of the way to protect your reputation, career, and freedom. We serve clients throughout Missouri and the Kansas City area.
Contact us today to request a free consultation and begin moving forward.