It looks like you can be charged with criminal
Yes, you can be charged with assault in Kansas for this:
21-3408: Assault. Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.
Assault is a class C person misdemeanor
which would carry a possibility of up to 30 days in jail.
Please understand that being charged with a crime only requires an officer and the state to have probable cause
-- a reasonable belief that a crime may have been committed and that you may have committed it. Getting a conviction is a whole different matter requiring proof beyond a reasonable doubt -- a much higher standard and a far more difficult burden for the state to meet.
I am relieved that they didn't also charge criminal threat, which is a felony in Kansas:
21-3419: Criminal threat. (a) A criminal threat is any threat to:
(1) Commit violence communicated with intent to terrorize another
, or to cause the evacuation, lock down or disruption in regular, ongoing activities of any building, place of assembly or facility of transportation, or in reckless disregard of the risk of causing such terror or evacuation, lock down or disruption in regular, ongoing activities;
(b) A criminal threat is a severity level 9, person felony.
(c) As used in this section, "threat" includes any statement that one has committed any action described by subsection (a)(1) or (2).
I think that nothing very serious will happen to you on this case. You certainly shouldn't be worried about jail under the circumstances you've mentioned, and even an offer of probation sounds like overkill to me. If the state were seriously concerned about you being a risk to the community, they'd have charged the felony.
All the same, you should have a lawyer. Maybe he can get this pitched altogether or, at worst bargain it down to something that won't give you a record.
If I've helped, please click the green Accept button so I can get credit for my work.
This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.