Kansas Domestic Violence Laws: Charges and Penalties

The state of Kansas domestic violence law treats domestic violence crimes a bit differently than other states.  Kansas state law makes the state a “must arrest” state, meaning that if a charge of domestic violence has been leveled against another individual and police have arrived, they are required to arrest the suspect if they find sufficient proof that a crime has been committed.  Once the arrest has been made, the booking and sentencing of the crime will take place.  Kansas has a multi tiered fine and prison sentencing procedure that takes into account the number of prior offenses and the severity of the offenses that have been committed.

The Penalties and Charges for a Kansas Domestic Violence Offense

There are a wide range of potential domestic violence penalties in Kansas, depending on the situation at hand:

• In Kansas, the first and second offense of a domestic violence charge are typically considered to be misdemeanors, carrying fines of $200 to $500 in the case of a first offense, and then $500 to $1000 in the case of a second offense.  
• The third offense is a mandatory felony charge carrying a fine of $1000 to $2500.  
• The prison sentences are also tiered:  first offenses generally carry a penalty of up to six months in jail (unless there are aggravating factors like serious injury), while second offenses usually carry penalties of up to a year in jail.  
• The issuance of orders for probation or other penalties such as community service vary greatly depending upon the nature and circumstances of the crime that has been committed.

The determination of whether or not the domestic violence crime that has been committed is a misdemeanor or a felony rests with the Kansas state law.  In order for a crime to be considered a felony in Kansas, it must be a crime that is punishable by death or imprisonment in a state prison, or that is otherwise considered a felony under the law – this means that crimes that are considered felonies in Federal court would also be considered to be felonies under Kansas law.  Federal law defines a felony as any crime that can be punishable by a prison sentence of more than one year, so crimes such as stalking would usually be misdemeanors, while an assault or aggravated assault charge could be considered to be a felony in a domestic violence situation.  This also explains the fact that the third offense is considered to be a mandatory felony charge.

Getting Help

A domestic violence charge can have a very severe impact on your life.  If you have been charged with domestic violence, you should contact a lawyer for a detailed explanation of the charges and potential penalties that you face and for help as you navigate through the criminal justice system.