In Kansas, domestic battery is defined as causing harm to a family or household member or touching such a person in a way that's considered rude, insulting, or angry.
A family or household member includes a person 18 years of age or older who is the alleged offender's:
- Spouse
- Former spouse
- Parent
- Stepparent
- Child
- Stepchild
- Current or former roommate
- Child's other parent (regardless of marital status or living arrangement)
Causing harm to a family or household member is a serious offense, a conviction for which can result in incarceration, fines, and/or an order to complete an intervention program. The severity of punishments a court can impose is determined by the level at which the offense is charged. Domestic battery is either a misdemeanor or a felony, which depends on the alleged offender's criminal history.
When Domestic Battery Is a Misdemeanor
In Kansas, two instances exist when domestic battery is charged as a misdemeanor.
The first is when the alleged offender is accused of committing the crime for the first time. In this case, it is a class B person misdemeanor.
Upon a conviction, the defendant may be subject to the following penalties:
- Between 48 hours and 6 months in jail,
- Between $200 and $500 in fines, and/or
- Completion of a batterer intervention program
The second circumstance that triggers a misdemeanor domestic battery charge is when the alleged offender has been convicted of the crime once in the preceding 5 years. The offense is charged as a class A person misdemeanor.
A second domestic battery conviction can be penalized as follows:
- Between 90 days and 1 year in jail,
- Between $500 and $1,000 in fines, and/or
- Completion of a batterer intervention program
Additionally, the defendant must serve at least 5 consecutive days of incarceration before they are eligible for probation, early release, or parole. As a condition, they will be required to complete a domestic violence assessment and a batterer intervention program.
When Domestic Battery Is a Felony
Under K.S.A § 21-5414, there is one instance in which domestic battery is a felony. The higher-level charge is levied when a person commits a third or subsequent offense within 5 years of the previous.
Repeat domestic battery offenders can face the following punishments:
- Between 90 days and 1 year of imprisonment,
- Between $1,000 and $7,500 in fines, and/or
- Completion of a batterer intervention program
To be eligible for probation, early release/reduction in sentence, or parole, the defendant must serve at least 90 days of imprisonment. They must also complete a domestic violence assessment and batterer intervention program. If they do not participate in the evaluation or meet all program requirements, they will be required to serve between 180 days and 1 year of imprisonment.
If you've been charged with domestic violence in Kansas City, KS, contact Stein Law, LLC at (913) 583-0465. We have 25 years of combined legal experience and will invest the time and effort necessary to challenge the accusation made against you.