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Ask Jim Reilly Your Own Question
Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I got charged with Battery against a police officer but im ...

Customer Question

I got charged with Battery against a police officer but im the one who is all cut up and brused.I got litterally beat bye 5 cops and i got charged with battery..what kind of punishment am i looking at?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
There are two levels of possible charges in the Kansas statute on battery against a police officer which might apply to your situation.

If the officer was not injured, the crime is a Class A misdemeanor, which carries a maximum possible sentence of one year in the county jail.

If the officer was injured, the crime is a "severity level 7, person felony", which under Kansas law provides for possible imprisonment of two years (more or less, depending on sentencing circumstances), but will presumptively result in probation. This means that unless there are specific reasons for the court to do otherwise, any prison sentence would be suspended and you would be placed on probation. Terms of probation could include a sentence of confinement in the county jail.

You should definitely consult with a local criminal defense lawyer. If you cannot afford private counsel, you should ask for a public defender.

If you feel that you were beaten without justification, you may also consider filing a complaint with the police department against the officers involved. You might also have a civil claim against the officers and the police department. I would suggest discussing this with a local attorney who specializes in civil rights and police brutality cases.

How long ago did this event happen? Were photographs of your injuries taken? If not and you can still see them, have pictures taken immediately.

Were you treated medically, either in the jail or privately? If so, copies of the medical records may help support both a defense against the criminal charges and a civil complaint against the officers.

Jim Reilly
Jim Reilly and 2 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
This happened thursday night and no they didnt take any photographs of my injurys or treat them in any way.
Expert:  Jim Reilly replied 8 years ago.
If you have visible physical injuries, I suggest that you immediately take photographs and make sure they show the injuries clearly. If you have not sought private medical treatment, you should do that as well, to document the nature and extent of the injuries through an impartial third party (the doctor).