Kansas City Criminal Defense Lawyers
Is Domestic Battery a Felony Offense?

Is Domestic Battery a Felony Offense?

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.

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