Assault Attorney in Kansas City Metro Area
Are you facing a charge of assault? If you are looking for the best resource to assist with an arrest for assault, contact a Kansas City assault attorney at Wichman Law Firm at (816) 787-1529 today. Wichman Law Firm, “Making Bad Situations Better”.
If you have been arrested for assault in any form, you need strong representation. Assault can be charged as a misdemeanor or a felony. The way assault is charged depends on the seriousness of the injury, how the person was injured, whether the victim is a special victim (i.e. a police officer) and additional variables. Assault, at its lowest criminal classification, is Assault in the Fourth Degree. The term of assault can cover a range of criminal behavior which include simple threats of physical violence without contact up to attempted killing of another person resulting in bodily harm. Assault in the Fourth Degree is a Class A Misdemeanor and can result in jail time for us to one year and fines up to $1,000.
An assault arrest can also be charged as a felony. Assault in the Third Degree is any intentional act or threat of action that causes another person to reasonably be afraid of impending bodily harm. Assault can be threatening to injure someone in an angry or menacing way if the victim could or does believe they might be harmed. Assault in the Third Degree is a Class E Felony, in which you can receive up to a 4 year jail sentence and up to $10,000 in fines for the assault.
Assault in the Second Degree is a class D Felony. Assault in the Second Degree versus of the Third Degree can result for a number of reasons. You can be charged with Second Degree Assault if you cause serious physical injury to another person with a deadly weapon or dangerous instrument while acting recklessly. Serious physical injury from assault can result in impairment of a person’s physical condition which creates a substantial risk of death, disfigurement, impairment of health and/or function of bodily organs, etc. Deadly weapons involved with assault can be defined as firearms, switchblades, daggers, gravity knives, blackjacks, metal knuckles, a metal knuckle knife or clubs. However, a dangerous instrument in an assault case can be anything that can be used to inflict serious physical injury. You can be charged with Assault in the Second Degree when you intentionally cause serious physical injury to another person, or if you intentionally cause physical injury with a deadly weapon or dangerous instrument. Conviction of Second Degree Assault in Kansas City could result in up to 7 years in prison and fines up to $10,000.
Assault in the First Degree is the most serious, which is a class B Felony in Kansas City. If you are alleged to have intentionally caused serious physical injury to another person with a deadly weapon or dangerous instrument, or if you recklessly engage in conduct that creates a grave risk of death and cause serious physical injury to another person, you can be charged with First Degree Assault . A First Degree Assault conviction in Kansas City can result in being sentenced up to 5-15 years in prison.
Contact a Kansas City Assault Attorney at Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your assault case.
Special Victims in assault crimes
As aforementioned, these can include the below examples of people involved in an assault case:
- Law enforcement officers engaged in official duties
- Emergency personnel performing official duties
- A construction or highway worker in a construction zone
- An elderly person
- A disabled individual
Kansas City Assault Defense Lawyer support
There are several defenses that you may have for an assault charge.
Self-Defense. Assault cases can be defended with an affirmative defense, such as self-defense. An affirmative defense is an argument that while you did commit the crime of assault, you were justified in that action and therefore should be found not guilty. It must be shown, to successfully argue self-defense, that you reasonably believed that physical force was necessary to defend yourself from what you reasonably believed to be an unlawful act of physical force by another. This means you had to actually believe self-defense was necessary and that your belief was reasonable. Self-defense is highly circumstantial which means that the facts and circumstances that led you to fear for your safety will be scrutinized in detail in a case of assault.
Defenses. In order to be convicted of assault the prosecutor must prove every element of the crime beyond a reasonable doubt. Providing evidence negating one or more of those elements can be a defense. As an example, if you are charged with Third Degree Assault, the prosecutor would need to prove that you intended to injure someone and that you indeed did injure someone. If it can be shown that either of those elements are absent, a person must be found not guilty for assault. If the alleged victim wasn’t injured, this may be a defense, as an example for an assault case. The prosecutor bears this burden so there is no requirement that you produce any evidence. It can be accomplished through the cross examination of the prosecutor’s witnesses to show there is reasonable doubt of your guilt of assault.
Contact a Kansas City Assault Attorney at Wichman Law Firm today at (816) 787-1529 to review the defenses in your assault case.
Common Kansas City Assault Charges to contact out Attorney about:
- assault
- simple assault
- aggravated assault
- assault on an LEO (Law Enforcement Officer)
- assault on a special victim
Contact a Kansas City Assault Attorney at Wichman Law Firm today at (816) 787-1529 to review the defenses in your assault case.
Assault charges can be filed in several ways, depending upon the nature and circumstances of the reported incident. At such a highly emotional time, you need the defense of a skilled attorney who will calmly and clearly assess the implications of your local prosecutor’s decisions. The prospect of battered family members triggers much anger against the alleged defendant. However, every defendant deserves the right to qualified counsel throughout the process.
Level of Assault Charge
Several factors dictate the type of charges to be filed. If you are charged with intent to kill or seriously injure a victim, first degree charges are filed as a Class B felony. If a victim is seriously injured during an assault, or if you have previously pleaded guilty or have been found guilty, charges escalate to a Class A felony with severe penalties. Class B felonies carry a minimum of a five-year prison term while Class A felonies carry a minimum ten-year term.
Assault can also be classified as second or third degree charges, depending upon the physical injuries suffered by another person and reckless circumstances. A Class C felony conviction could carry a jail term up to seven years. Third degree assault charges are typically a Class A misdemeanor unless there is a prior record of assault, which would again escalate charges to a Class D felony of four years in jail. A misdemeanor charge would include a prison term up to one year and a potential fine.
The burden of a Class D through Class A felony convictions is substantial, and understanding the differences in legal statutes confuses many people. If you are not familiar with the criminal justice system, you will be at a loss when dealing with police, prosecutors and judges. Your advocate will help you understand the implications of the case against you and will be present for court hearings and deadlines.
Contact a Kansas City Assault Attorney at Wichman Law Firm today at (816) 787-1529 to review the defenses in your assault case.
