Charged with a Crime in Kansas?
Criminal Defense Lawyers Explain Charges and Penalties
A criminal conviction can drastically affect the rest of your life. You may face the possibility of jail time, fines and other penalties, and your reputation may be damaged. Additionally, a conviction may prevent you from finding work and/or housing in the future. Since so much hangs in the balance, you should always work a criminal defense lawyer with a history of success. Even innocence is not always an ironclad defense – law enforcement and prosecutors may not care about your side of the story, but will simply focus on getting a conviction. An attorney can work to enforce your rights and expose any misconduct or negligence that may have led to your arrest. In many cases, a good lawyer can get your charges or penalties reduced, minimizing the negative impact on your life.
If you have been arrested or someone you know was taken into police custody, then you should find a lawyer as quickly as possible. No matter what kinds of charges you face, from a misdemeanor to a felony, finding an attorney you trust is essential. To speak with a local Kansas criminal lawyer today, consult our local listings.
What Are the Basic Types of Criminal Charges?
The type of criminal charge you face may vary depending on the nature of the alleged crime. Although each state has its own specific classifications, the general types of charges are:
- Infraction. An infraction is the least serious type of charge you can face. In fact, some states handle infractions as civil cases, rather than criminal cases. Traffic violations and other minor offenses usually fall into this category. Jail is generally not a possibility for infractions, so you are not entitled to a jury trial and the state will usually not appoint you a lawyer. However, you can still hire one of your own.
- Petty offense. Some states categorize low-level criminal conduct as petty offenses. This may include illegal acts like gambling, disturbing the peace, public indecency, pollution violations and theft of items of low value.
- Misdemeanor. A misdemeanor is a more serious charge and county courts typically handle these cases. Common misdemeanor charges include assault, criminal trespass, theft and certain drug crimes, including possession and sale.
- Felony. This is the most serious type of criminal charge and state and/or federal courts usually handle these cases. Common felonies include murder, kidnapping, sexual assault, robbery, vehicular homicide, assault with a deadly weapon, burglary and certain drug crimes.
In some cases, a criminal defense lawyer can negotiate on your behalf with the prosecution to reduce the severity of the charges you face. If the court reduces your charge from a low-level felony to a misdemeanor, for example, then the repercussions you face may be much less serious.
What Is the Penalty for a Misdemeanor in Kansas?
Each state has its own system for classifying misdemeanor and felony charges, and penalties may vary as well. The general penalties you may face for different types of criminal charges in Kansas are:
- Class A Misdemeanor. A class A misdemeanor is punishable by up to one year in county jail and/or a fine of up to $2,500. Possession of marijuana for personal use is a class A misdemeanor.
- Class B Misdemeanor. Class B misdemeanors are punishable by up to six months in jail and/or a fine of up to $1,000. For example, battery (hitting or striking someone) is a class B misdemeanor.
- Class C Misdemeanor. Class C misdemeanors are the least serious type of offense and are punishable by up to one month in jail and/or a fine of up to $500. Patronizing a prostitute is a class C misdemeanor.
- Unclassified Misdemeanor. An unclassified misdemeanor is one that lawmakers have simply failed to designate as belonging in class the three previous classes. If no specific penalty is stated in the criminal statute, an unclassified misdemeanor is subject to the same penalties as a class C misdemeanor.
What Is the Penalty for a Felony in Kansas?
Like misdemeanors, each state has its own system for what qualifies as a felony and what penalties may result from a conviction. In Kansas, possible felony charges and penalties include:
- Off-Grid Felonies. These felony offenses are punishable by a life sentence or execution and include capital murder, murder in the 1st degree, and treason.
- Level 1 Felonies. These felony offenses are punishable by a mandatory sentence of imprisonment for 20 years and include crimes such as 2nd degree murder, aggravated kidnapping, and rape.
- Level 2 Felonies. These felony offenses are punishable by a mandatory sentence of imprisonment of 15 years and include crimes such as aggravated criminal sodomy (defendant must register as a sex offender if convicted).
- Level 3 Felonies. These felony offenses are punishable by a mandatory sentence of imprisonment of 7 years and include crimes such as voluntary manslaughter, assisted suicide, and kidnapping
- Level 4 Felonies. These felony offenses are punishable by a mandatory sentence of imprisonment of 5 years and six months and includes crimes such as aggravated battery and aggravated criminal threat.
- Level 5 Felonies. These felony offenses are punishable by a mandatory sentence of imprisonment of 4 years and 6 six months and include involuntary manslaughter, robbery, and injury to a pregnant woman.
- Level 6 Felonies. These felony offense are punishable by a mandatory sentence of imprisonment of 2 years and six months and include crimes such as aggravated assault of law enforcement officer and aggravated criminal threat.
- Level 7 Felonies. These felony offenses are punishable by a mandatory sentence of 2 years imprisonment and include crimes such as aggravated assault and aggravated interference with parental custody.
- Level 8 Felonies. These felony offenses are punishable by a mandatory sentence of 1 years and 3 months imprisonment and include crimes such as aggravated assault in the second degree, child abandonment, and forgery.
- Level 9 Felonies. These felony offenses are punishable by mandatory sentence of 1 year imprisonment, and include crimes such as assisted suicide in the second degree, criminal threat in the second degree, and lewd/lascivious behavior.
- Level 10 Felonies. These felony offenses are punishable by a mandatory sentence of 9 months imprisonment and include crimes such as interference of parental custody, stalking, and unlawful sexual relations (must register as sex offender).
Need a Kansas Criminal Defense Lawyer? We Can Help
If you are facing any level of criminal charge, then a qualified lawyer may be essential to protecting your future. Additionally, if someone you know is currently in police custody, then you may wish to reach out to a lawyer on his or her behalf. To find a Kansas criminal defense lawyer in your area, then consult our attorney listings. If you have general question about criminal law or certain charges, then do not hesitate to ask the lawyers.