You may find you need a defense lawyer for numerous reasons. The following are a list of situations where a defense lawyer may be helpful to your family and/or you. Craig M. Divine with the Divine Law Office, LLC is a defense lawyer. Contact Divine Law Office, LLC today for a free consultation.
On the Felony food chain it does not go any higher than First Degree Murder in both Kansas and Missouri. In both states convictions carry life sentences and with both states having capital punishment it is possible for a conviction for murder to carry the death penalty. In addition to a murder charge clients often have companion charges for unlawful use of a weapon and/or armed criminal action. Persons with prior criminal histories can also find themselves charged with felon in possession of a weapon. Battery and assault charges can be charged along side of murder in situations where multiple people are injured by an act but some of those injured persons live. Murder, Assault and Battery all have different degrees of severity and if you find yourself charged with any of these crimes you need an experienced attorney on your side.
Murder
Charged as either capital murder (death penalty is requested by the state), first degree murder or second degree murder. In Missouri first degree murder will carry a life sentence with no parole until 25 years is served. Kansas first degree murder charges carry a “Hard 50” meaning the defendant has to serve 50 years before being eligible for parole. Within the charge of murder are also the charges of voluntary and involuntary manslaughter, these are known as lesser included crimes and a person charged with murder could find themselves convicted of one of these lesser included offenses.
Unlawful Use of a Weapon
Unlawful use of a weapon can cover a range of offenses from firing a weapon from a vehicle to displaying a weapon in a threatening manner. The severity of this offense and its attendant consequences always depends on the nature of the unlawful use, firing from a car is a much more serious offense than simply brandishing a gun while angry.
Armed Criminal Action
Committing a dangerous felony with the knowing use or aid of a deadly weapon is armed criminal action. The minimum sentence for this offense is 3 years and what constitutes a weapon can be anything that could cause serious harm or kill and is used to help with the completion of another felony. It is the rare case where someone charged with murder does not also have a charge of armed criminal action as well. Officially listed as an unclassified felony the severity level is always linked to the severity of the crime it assisted.
Felon in Possession
If you have a felony conviction then you are barred under state and federal law from possessing a firearm. It does not matter that your felony conviction is for a non-violent offense, felony DUI and white collar felonies still bar you from gun possession. Because we live in a community bisected by a state line it is important to know what the rules are for persons who have had legal troubles before and their right to possess a gun. Kansas will not allow persons who have completed a Missouri SIS probation to possess a firearm even though Missouri would allow that possession.
Assault
Assault in Missouri has four different degrees with first degree being a knowing attempt to kill or cause serious physical injury. Fourth degree is recklessly causing injury or placing a person in fear of imminent physical injury. In Kansas assault does not include any physical contact with another person as Kansas defines assault as placing another in imminent apprehension of physical harm. Kansas does however distinguish between aggravated assault which is assaulting law enforcement or using a deadly weapon.
Battery
Kansas only offense where physical contact is almost always required. Kansas does distinguish between regular and aggravated battery and also has a domestic battery charge which is used if the parties reside in the same household (regardless of family ties) or if there is a familial relationship. Aggravated battery requires the use of a weapon in Kansas. Kansas is complicated when it comes to this offense having multiple severity ranges with varying punishments for each. You need an experienced attorney when facing a battery charge in Kansas.
A defense lawyer may be able to help you with any of the examples above.
Contact the Divine Law Office, LLC for a free consultation.
Attorney Craig M. Divine is a member of both the Missouri Bar Association and Kansas City Metropolitan Bar Association .