Kansas Criminal Defense Guide — Charges & Process
Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Kansas.
A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.
How Kansas classifies criminal offenses
Kansas divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.
Felony classifications
- Class Off-grid felony: varies to life, up to $500,000 fine - Class Severity level 1 (person) felony: 11–54 years, up to $300,000 fine - Class Severity level 1 (nonperson) felony: 5–17 years, up to $300,000 fine - Class Severity level 5 (person) felony: 3–14 years, up to $300,000 fine - Class Severity level 10 (nonperson) felony: 0–1 years, up to $100,000 fine
Misdemeanor classifications §21-6602
- Class A misdemeanor: up to 12 months, $2,500 fine - Class B misdemeanor: up to 6 months, $1,000 fine - Class C misdemeanor: up to 1 months, $500 fine - Class Unclassified misdemeanor: up to 12 months, $2,500 fine
Felony vs. Misdemeanor comparison
| Misdemeanor | Felony | |
|---|---|---|
| Severity | Less serious offenses | More serious offenses |
| Incarceration | County jail (up to 1 year) §21-6602 | State prison (1 year or more) |
| Examples | Simple assault, petty theft, disorderly conduct | Aggravated assault, robbery, drug trafficking |
| Jury trial | 12-member jury | 12-member jury |
| Voting rights | Retained | Lost until restored |
| Firearm rights | Retained | Permanently prohibited §18 U.S.C. § 922 |
| Employment impact | Moderate — visible on background checks | Severe — bars certain professions |
| Expungement | More offenses eligible §21-6614 | Fewer offenses eligible §21-6614 |
The criminal process: arrest through resolution
Your rights in a criminal case
Every person accused of a crime in Kansas has constitutional protections:
- Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
- Right to an attorney — If you cannot afford one, one will be appointed. State Board of Indigents' Defense Services (BIDS) provides statewide indigent defense through public defender offices, assigned counsel, and contract attorneys.
- Right to a speedy trial — Kansas provides a specific speedy trial deadline: 150 days §22-3402. 150 days if held in jail solely on the charge; 180 days if on an appearance bond. Measured from arraignment. Among the most specific statutory speedy trial rights. Delays caused by the defendant are excluded, and courts may extend the deadline on specific statutory grounds.
- Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
- Right to confront witnesses — You may cross-examine every witness the state calls against you
After a conviction: what comes next
Probation in Kansas: Felony: recommended 36, 24, or 18 months, or up to 12 months, depending on sentencing-grid severity level; total generally may not exceed 60 months or the maximum prison sentence, whichever is longer, subject to statutory extensions. Misdemeanor: up to 2 years, renewable §21-6608.
Clearing your record
Kansas does allow certain criminal records to be sealed or expunged §21-6614. Waiting periods: 3 years (misdemeanor); 5 years (nonperson felony); 7 years (select person felonies). From satisfaction of sentence.. Kansas expanded expungement eligibility in 2016. Class A and B person felonies not eligible. Filing fee varies by jurisdiction.
Common offense categories
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.