In Kansas, an act of domestic violence is prosecuted as domestic battery. Under the statutes, domestic battery is intentional or reckless bodily harm done to a family or household member; or intentional physical contact with a family or household member done in a rude, insulting or angry manner. Penalties vary depending on whether the offender has previous convictions.
21-3412a. Domestic battery.
(a) Domestic battery is:
(1) Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or
(2) intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.
Penalties
First Conviction
A person convicted of domestic battery is guilty of a class B person misdemeanor. Conviction carries a penalty of not less than 48 consecutive hours nor more than six months' imprisonment. The fine will be not less than $200 nor more than $500. The court has the discretion to order the person to enroll in and successfully complete a domestic violence prevention program.
Second Conviction
If within five years immediately preceding the crime a person is convicted of a violation of domestic battery a second time, he or she is guilty of a class A person misdemeanor. Conviction carries a sentence of not less than 90 days nor more than one year's imprisonment. The defendant will be fined not less than $500 nor more than $1,000. The convicted person must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. This five days' imprisonment may be served in a work release program only after the defendant has served 48 consecutive hours' imprisonment, provided the work release program requires the defendant to return to confinement at the end of each day. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the defendant is required to enter into and complete a treatment program for domestic violence prevention.
Third or Subsequent Conviction
If within five years immediately preceding the crime a person is convicted of a violation of domestic battery a third or subsequent time, he or she is guilty of a person felony. Sentencing includes not less than 90 days nor more than one year's imprisonment. The fined is not less than $1,000 nor more than $7,500. The defendant will not be eligible for release on probation, suspension or reduction of sentence or parole until he or she has served at least 90 days' imprisonment. The court shall require as a condition of parole that the defendant enter into and complete a treatment program for domestic violence. If the defendant does not enter into and complete a treatment program for domestic violence, he or she shall serve not less than 180 days nor more than one year's imprisonment. The mandated 90 days' imprisonment may be served in a work release program only the defendant has served 48 consecutive hours' imprisonment, provided the work release program requires such person to return to confinement at the end of each day.
Find a Lawyer
If you face charges of domestic violence in Kansas, you risk imprisonment and hefty fines if convicted. Additionally, you will be required to complete a preventive treatment program. Discuss your case with an attorney to ensure your rights are protected.
