Kansas City Missouri criminal lawyerKansas Criminal Defense Lawyer
Mark Hagen, Attorney at Law
Law Offices of Mark Hagen
6405 Metcalf Ave, Suite #202
Overland Park, Kansas 66202
(866) 382-8646





Kansas Criminal Charges - Criminal Offense Penalties and Classifications

Kansas has a complicated system of criminal charge classifications and related sentencing guidelines. This system and how it works can be confusing even for law savvy individuals. The best way to understand what kind of sentence you may be facing is by consulting with an experienced criminal defense attorney like myself.  I can explain your charges, and the most likely outcomes in a free Kansas criminal charge consultation. More importantly, I'll tell you what I can do to help you in your situation. Helping people charged with criminal offenses in Kansas is what I do.

Also, please see my pages on criminal sentencing and typical criminal courts procedures in Kansas courts.

Kansas Misdemeanor Charges

Kansas misdemeanor classifications and sentences are very straightforward. If you are charged with a misdemeanor, it is classified as a Class A, B, or C rating according to Kansas criminal statutes.

Class Penalty/Sentence Examples of Misdemeanor Offenses
Class A Misdemeanor Up to 1 year in jail Bad Checks under $1000, DUI 2nd Offense, Possession of Marijuana, Theft/Shoplifting, Harassment
Class B Misdemeanor Up to 6 months in jail DUI, Criminal Damage to Property Under $1000, Suspended License
Class C Misdemeanor Up to 1 month in jail Hit and Run w/Property Damage

 

All misdemeanor charges are also subject to fines.

Kansas Felony Charges

Felonies in Kansas are classified by “severity level”. A crime's severity level is dictated by Kansas criminal statute. The severity levels in Kansas range from Level 1 through Level 10, with Level 1 felonies being the most serious. Drug offenses are classified separately and there are only 4 levels of severity.
Each severity level is then broken down by number of previous felony convictions. This simply means that the more prior felony convictions you have, the harsher your current sentence will be.
For each crime there is a range that the judge can sentence within. The middle of the range, called the presumptive sentence, is the average. The judge can depart from the presumptive sentence if there are circumstances within your crime or circumstances about you that the judge believes warrants a harsher or more lenient sentence.

This grid represents just a portion of the felony sentencing guidelines for non-drug offenses. The middle number in bold on each offense represents the presumptive sentence, with the others representing the maximum and minimum jail sentence in months.

Severity Level 1 prior person Felony 1 prior non-person Felony 2+ prior Misdemeanors 1 Misdemeanor or No Criminal Record Charges
I 267-253-240 203-195-184 186-176-166 165-155-147  
II 200-190-181 145-146-138 138-131-123 123-117-109  
III 100-94-89 77-72-68 71-66-61 61-59-55  
IV 69-66-62 52-50-47 48-45-42 43-41-38  
V 55-52-50 43-41-38 38-36-34 34-32-31  
VI 36-34-32 26-24-22 21-20-19 19-18-17  
VII 26-24-22 17-16-15 14-13-12 13-12-11 Aggravated Assault
VIII 17-16-15 11-10-9 11-10-9 9-8-7  
IX 13-12-11 9-8-7 8-7-6 7-6-5  
X 10-9-8 7-6-5 7-6-5 7-6-5 Stalking, Leaving the Scene of An accident (Great Bodily Harm)

 

Person felonies are felonies committed against someone. These are more serious because they have the potential to hurt someone. Examples of person felonies are robbery, rape, and assault.

Non-person felonies, also referred to as property felonies, are those committed against property. Things like theft and forgery fall under this heading.

Some offenses carry a sentence of “presumptive probation”. This means that because the severity of the offense, relative to others is minor enough that it is presumed that you will be sentenced to probation rather than active prison time. Offenses with a Presumptive probation are severity level 7-10, and level 6 without prior felony convictions.

More serious felony offenses have a presumptive imprisonment. This means it is assumed you will be serving jail time. Presumptive imprisonment offenses are severity level 1-4, and severity level 5 if you have prior felony convictions on your record.

Felony Drug Charges

See my Kansas felony drug offenses page for that chart and more info.

 

Please call me for a free consultation about any Kansas criminal offense, felony or misdemeanor. I'll let you know exactly what I can do to help you through this difficult and unpleasant experience.  Call me at my Overland Park / Kansas City office at (866) 382-8646.

- Attorney Mark Hagen

Overland Park, KS. 

 

 

Kansas Criminal Defense Attorney Mark Hagen handles cases throughout Kansas and the  Kansas City metro area.