Aggravated Assault with a deadly weapon

Posted by Matt McLane | Jun 28, 2017 | 0 Comments

Aggravated Assault with a deadly weapon is a severity level 7 felony in Kansas.  Even if you have a clean history, the fact that a gun was used in some fashion during the incident will trigger the "special rule" in Kansas that no longer presumes probation as a penalty.   Based on your criminal history score, probation may be considered, but is not presumed.  The state has created the special rule to impose stiffer penalties for offenders in this category.   I have several cases involving use of a deadly weapon where my client did not intentionally cause harm or instill fear in the alleged victim, but was certainly reckless in their actions.  The test is whether a reasonable person under similar circumstances would feel threatened with harm or serious bodily injury.  The prosecutor must prove this element of the offense: that a reasonable person would fear for their safety.  The involvement of a gun or other weapon certainly instills fear in the average person.  Indeed, the facts of each case must be reviewed to determine whether the weapon was used or displayed in a manner designed to threaten or intimidate the accuser.  Most cases are clear cut; others require an analysis of the accuser's state of mind.  For instance, was there an argument that preceded the actions of the accused? Were both parties aware a weapon was nearby or in possession of one of the parties?  Was the weapon aimed toward the accuser? Was the accused merely showing the weapon to the accuser?  Did the accuser show genuine fear?  As a criminal defense lawyer, I look for instances that tend to prove the threat was not real or that the accuser may have overreacted.  Of course, if the facts suggest otherwise, then we consider possible plea options if the state is willing to engage in discussions.  

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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