Wrongfully Accused With A Felony! Please Read!

[NeedAdviceASAP]

What is the name of your state?What is the name of your state? Kansas

Charged in Overland Park, Court is in Olathe...

I am wondering how or what must take place causing a domestic battery charge to be bumped to aggravated battery. I didn't think if an individual was being arrested for one, they could be charged with another . I am wondering because domestic is a misdemeanor and aggravated is a felony, and a great friend of mine is being charged . Can the police really go off of hearsay in regards to the sentencing ? Please get back to me if you know the law and can help. Thank you so much!

 

[shashmk]

It varies by state, but the acts most often defined to entail aggravated battery include:

use of a deadly weapon

battery in which serious bodily injury occurs, and

battery against a child, woman or police officer.

I do not know the details of what happened, but if he hit his wife (or girlfriend) or child, then they consider it aggravated. They can arrest for one thing and change the charge based on new information.
Hope that helps a little.

 

[seniorjudge]

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ks&vol=ctapp/2003/20030613/&invol=89010

Google kansas aggravated battery


Q: I didn't think if an individual was being arrested for one, they could be charged with another

A: Yes, it is possible to commit both crimes and thus be arrested for both crimes.


Q: Can the police really go off of hearsay in regards to the sentencing

A: Police have nothing to do with sentencing; that is done by the court.

 

[jelmelnov2]

taint hearing

Illinois Divsion 5
My husband is being wronglfully accused of two class x felonies to my son, to which my rights were terminated by the help of my ex-inlaws and their political pull and now they are coming for him. We have excellent docotors to disprove theri allegations coming from the hospital (showing that this is actually a medical malpractice case, not child abuse), and we were given permission to perform a neurologically evaluation...seeing as how he suffered a TBI and this "occured" 5 years ago...but that right has now been taken, and we must proceed without it. We have a motion to supress testimony (for there is no "taint hearing" in Illinois) and now the state attorney has placed a motion to strike. My attorney while excellent in the court room is overwhelmed and I am hoping to get some useful info or caselaw.PLESE HELP ME!!!

 

[seniorjudge]

Illinois Divsion 5
My husband is being wronglfully accused of two class x felonies to my son, to which my rights were terminated by the help of my ex-inlaws and their political pull and now they are coming for him. We have excellent docotors to disprove theri allegations coming from the hospital (showing that this is actually a medical malpractice case, not child abuse), and we were given permission to perform a neurologically evaluation...seeing as how he suffered a TBI and this "occured" 5 years ago...but that right has now been taken, and we must proceed without it. We have a motion to supress testimony (for there is no "taint hearing" in Illinois) and now the state attorney has placed a motion to strike. My attorney while excellent in the court room is overwhelmed and I am hoping to get some useful info or caselaw.PLESE HELP ME!!!

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