Battery Against a Law Enforcement Officer
As a criminal defense lawyer, I have helped many clients who were accused of battering a law enforcement officer. I have seen cases where a person was trying to stand up for their rights and the law enforcement instigated the problem. Yet the citizen was the one who got in trouble. I have seen cases where a person was intoxicated and didn't realize the person was an officer. And yes, sometimes the accused simply attacked the officer. To be charged with battery on a law enforcement officer or Battery on a LEO, it doesn't require that the officer was injured or hurt. A mere push or soft contact can lead to such a charge. If you have been charged with a crime such as battery on a police officer or cop, contact our law firm today to speak with an experienced criminal defense attorney. We are located in Olathe, Kansas and help clients in Kansas and Missouri.
As you can imagine, the prosecutors and assistant district attorneys take this crime very seriously. They feel like they are protecting their own by harshly dealing with defendants charged with battery against a 'leo."
Kansas Statute for Battery against a law enforcement officer.
K.S.A. 21-3413. Battery against a law enforcement office (ra.) Battery against a law enforcement officer is:
(1) Battery, as defined in subsection (a)(2) of K.S.A. 21-3412, and amendments thereto, committed against: (A) A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty; or (B) a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer's duty; or
(2) battery, as defined in subsection (a)(1) of K.S.A. 21-3412, and amendments thereto, committed against: (A) A uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer's duty; or (B) a uniformed or properly identified state, county or city law enforcement officer, other than a state correctional officer or employee, a city or county correctional officer or employee, a juvenile correctional facility officer or employee or a juvenile detention facility officer or employee, while such officer is engaged in the performance of such officer's duty; or
(3) battery, as defined in K.S.A. 21-3412, and amendments thereto, committed against: (A) A state correctional officer or employee by a person in custody of the secretary of corrections, while such officer or employee is engaged in the performance of such officer's or employee's duty; (B) committed against a juvenile correctional facility officer or employee by a person confined in such juvenile correctional facility, while such officer or employee is engaged in the performance of such officer's or employee's duty; (C) committed against a juvenile detention facility officer or employee by a person confined in such juvenile detention facility, while such officer or employee is engaged in the performance of such officer's or employee's duty; or (D) committed against a city or county correctional officer or employee by a person confined in a city holding facility or county jail facility, while such officer or employee is engaged in the performance of such officer's or employee's duty. (b) Battery against a law enforcement officer as defined in subsection (a)(1) is a class A person misdemeanor. Battery against a law enforcement officer as defined in subsection (a)(2) is a severity level 7, person felony. Battery against a law enforcement officer as defined in subsection (a)(3) is a severity level 5, person felony. (c) As used in this section:
(1) "Correctional institution" means any institution or facility under the supervision and control of the secretary of corrections.
(2) "State correctional officer or employee" means any officer or employee of the Kansas department of corrections or any independent contractor, or any employee of such contractor, working at a correctional institution.
(3) "Juvenile correctional facility officer or employee" means any officer or employee of the juvenile justice authority or any independent contractor, or any employee of such contractor, working at a juvenile correctional facility, as defined in K.S.A. 2007 Supp. 38-2302, and amendments thereto.
(4) "Juvenile detention facility officer or employee" means any officer or employee of a juvenile detention facility as defined in K.S.A. 2007 Supp. 38-2302, and amendments thereto.
(5) "City or county correctional officer or employee" means any correctional officer or employee of the city or county or any independent contractor, or any employee of such contractor, working at a city holding facility or county jail facility.