Johnson County Criminal Defense Lawyer
Aggressive Criminal Defense Representation in Johnson County Kansas
Facing Criminal Charges? Put Our Experience to Work for You
Getting arrested for a criminal or DUI offense can be one of the most frightening and dehumanizing experiences of your life; which is why having an experienced and confident Johnson County Criminal Defense Attorney by your side is important. For many of our Clients, an arrest may be the first encounter they have with the criminal justice system and it can be an overwhelming and stressful experience. If you’re facing a criminal charge, you don't have to face it alone, contact The Law Offices of Charles R. Green today at 913.383.3311 for a consultation on your case or submit the contact form below (scroll down)
A criminal arrest or conviction can negatively affect your personal and professional life in a number of ways. If you have been charged with a crime, whether you are innocent or even if you think you may be guilty, you will need a skilled Kansas criminal defense attorney to navigate the system, defend your rights and fight the charges against you. Attorney Charles R. Green knows that even the best people can sometimes make mistakes. He is able to apply his more than twenty years of experience to provide valuable legal insight and advice and to provide an aggressive and assertive defense for each of his clients who are facing charges.
What is Considered a Misdemeanor in Kansas?
Examples of Misdemeanor cases commonly filed in Johnson County include Theft, Stealing, or Shoplifting charges, Possession of Marijuana, Possession of Drug Paraphernalia, First or Second DUI, Minor in Possession / Consumption of Alcohol, Assault and Battery, Domestic Assault, Patronizing or Solicitation of Prostitution, Criminal Trespass, and Criminal Destruction of Property.
Kansas Statute 21-6602 breaks down Misdemeanors into Classes: Class A, Class B, and Class C misdemeanors with the following provisions and maximum penalties for each:
21-6602 Classification of misdemeanors and terms of confinement; possible disposition. (a) For the purpose of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established:
(1) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year;
(2) Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;
(3) Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month; and
(4) unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.
(b) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 2016 Supp. 21-6611, and amendments thereto, instead of or in addition to confinement, as provided in this section.
(c) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary for aging and disability services.
(d) Except as provided in subsection (e), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under K.S.A. 8-1599, 41-719 or 41-727 or K.S.A. 2016 Supp. 21-5701 through 21-5717, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.
(e) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (d) are permissive and not mandatory.
What Charges are Considered a Felony in Kansas?
Some common examples of misdemeanor cases which can be elevated to felony status in Kansas include DUI ( 3rd or Subsequent ), DUI involving injury or death, Theft or Stealing (value of $1500.00 or more) , Assault or Domestic Battery involving Injury, and Possession of Controlled Substances/ Drugs (other than a 'personal' amount) of Marijuana. Depending on the severity of the charges and a defendant's prior criminal history, jail time can range anywhere from a few days and presumptive probation to mandatory jail time in the Kansas Department of Corrections. In addition to jail time and probation, fines may be assessed under K.S.A. 21-6611:
21-6611. Fines; crimes committed on or after July 1, 1993. (a) A person who has been convicted of a felony may, in addition to the sentence authorized by law, be ordered to pay a fine which shall be fixed by the court as follows:
(1) For any off-grid felony crime, or any felony ranked in severity level 1 of the drug grid committed prior to July 1, 2012, or in severity levels 1 or 2 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 2016 Supp. 21-6805, and amendments thereto, a sum not exceeding $500,000;
(2) for any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 2016 Supp. 21-6804, and amendments thereto, or in severity levels 2 or 3 of the drug grid committed prior to July 1, 2012, or in severity levels 3 or 4 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 2016 Supp. 21-6805, and amendments thereto, a sum not exceeding $300,000; and
(3) for any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 2016 Supp. 21-6804, and amendments thereto, or in severity level 4 of the drug grid committed prior to July 1, 2012, or in severity level 5 of the drug grid committed on or after July 1, 2012, as provided in K.S.A. 2016 Supp. 21-6805, and amendments thereto, a sum not exceeding $100,000.
(b) A person who has been convicted of a misdemeanor, in addition to or instead of the imprisonment authorized by law, may be sentenced to pay a fine which shall be fixed by the court as follows:
(1) For a class A misdemeanor, a sum not exceeding $2,500;
(2) for a class B misdemeanor, a sum not exceeding $1,000;
(3) for a class C misdemeanor, a sum not exceeding $500; and
(4) for an unclassified misdemeanor, any sum authorized by the statute that defines the crime. If no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.
(c) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.
(d) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court, not exceeding $500.
(e) A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to pay a fine of $25.
Being charged with a crime, whether a misdemeanor, felony or a Federal charge, can be a scary, potentially life-changing event. For more than 20 years, we have represented individuals accused of criminal offenses throughout the Kansas City Metro Area and surrounding communities. Our clients trust us to provide aggressive and effective legal representation, and to protect their rights and their personal freedom.
If you have been arrested for or charged with a crime, do not hesitate to reach out to us. You can take an important step today toward protecting your rights, your future and personal freedom by calling us at 913.383.3311 or via contact form on our website (below).
Johnson County Court Resources:
Johnson County District Court/ Olathe, Kansas
Johnson County Jail/ Olathe, Kansas
Johnson County Jail/ New Century, Kansas
Court Website: Johnson County District Courthouse
100 N Kansas Ave
Olathe, KS 66061
Phone: (913) 715-5000
Hours: 8AM - 5PM