The Kansas aggravated domestic battery statute prohibits “impeding the normal breathing or circulation of the blood” of a family member or someone you are dating.  It is intended to apply to choking, strangling, and suffocating.  But it is often applied much more broadly. For example, the following could be charged as aggravated battery:

 

  • knocking the wind out of your cheating boyfriend when you shove a box of his stuff into his chest as you kick him out of your house;
  • putting your brother in a choke hold because you’re mad he stole your favorite video game.

 

Aggravated domestic battery is a felony offense.

 

Simple domestic battery can be charged based on much less.  You can be charged with domestic battery just for touching a family member or someone you are dating.  The touching just has to be done in “a rude, insulting or angry manner.”  No hitting is necessary.  No threat is required.  It doesn’t even have to hurt.  Simple domestic battery can be a misdemeanor or a felony depending on an offender’s criminal history.

 

Domestic battery convictions of any degree can disqualify you from holding some jobs, prevent you from obtaining professional licenses, and make it unlawful for you to carry firearms.

 

If you are facing charges for domestic battery or aggravated domestic battery, you should contact an attorney as soon as possible.  For help with your situation, contact the criminal defense attorneys at Joseph, Hollander & Craft. 

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