Misdemeanor in Kansas
If you are charged with a crime in Kansas, you will be charged with either a felony or a misdemeanor. A felony charge is the most serious type of criminal charge and carries the harshest penalties. Misdemeanors in Kansas are classified into one of three categories: class a, class b, or class c. A prosecutor will assign a misdemeanor classification based on the circumstances of the criminal act.
Criminal misdemeanor acts are typically low-level offenses such as robbery from a home or apartment or shoplifting from a retail store. To qualify as a misdemeanor, the stolen items must be worth more than $1,000. If the stolen property is more valuable, someone was injured during the robbery, or a firearm was used, you could face felony charges.
Traffic Infractions
Traffic violations are another common type of Kansas misdemeanor charge. These can range from minor infractions like running a red light to the more serious driving under the influence, or dui. A dui misdemeanor may be classified as a class B misdemeanor if it is your first offense and no one is injured. However, if this is your second DUI, it may be upgraded to a class A misdemeanor. If you commit additional offenses, you may be charged with a felony.
Possession of Drugs
Marijuana possession can also result in a misdemeanor charge in Kansas. For this to be a misdemeanor, the marijuana must be less than an ounce and for personal use. A person arrested for disorderly conduct or criminal trespassing may face a misdemeanor charge. Criminal trespassing is defined as being somewhere you were not invited to be. If you refuse to leave a bar parking lot after being told to do so by the owner, you may be arrested for criminal trespassing as well as disorderly conduct. Again, it all boils down to the circumstances of the incident.
Penalties
A class A misdemeanor in Kansas can result in up to a year in county jail. A class B misdemeanor conviction can result in up to six months in jail. And even a class C misdemeanor can land you in jail for up to a month. Each of those convictions could result in a fine imposed by the judge.
If you were arrested for a misdemeanor offense but your case was dismissed or you were found not guilty by a jury, you can request that your record be expunged. By doing so, you can inform a potential employer that you do not have a criminal record, and it will not be revealed in a standard background check. However, the record will remain in the judicial system in the event that you are arrested again. Prior arrests may have an impact on any new charges. Any type of sexual assault crime is one of the misdemeanors that cannot be expunged. If you were convicted of a misdemeanor, you must wait 3 to 5 years (depending on the crime) before applying for expungement.