Misdemeanor Guide

Kansas Misdemeanors

Kansas Misdemeanor
If you are charged with a crime within the jurisdiction of Kansas, it will either be as a felony or a misdemeanor. A felony charge is the more serious type of criminal act and carries with it the most severe penalties. With regard to Kansas misdemeanors there are basically three types of classifications: class a, class b, or class c. A prosecutor will assign a misdemeanor class depending on the circumstances of the criminal act itself.

As to the criminal misdemeanor acts these are typically the lower offense types of crimes such as robbery from a home or apartment or shoplifting from a retail store. To qualify as a misdemeanor, the stolen items cannot exceed in value above one thousand dollars. If the stolen property is of greater value or someone was injured during the robbery or a firearm was used, you could be charged with a felony.

Traffic Violations
Another basic form of Kansas misdemeanor charges are traffic violations. These could mean anything from moving violations such as running a red light or the more serious driving under the influence or dui. With regard to a dui misdemeanor, if it is your first offense and no one was injured it could be considered a class b misdemeanor. However, if it is your second dui it can become a class a misdemeanor. For additional offenses you might be heading into felony territory.

Drug Possession
You can also be charged for a misdemeanor in Kansas for marijuana possession. For this to be a misdemeanor the amount of marijuana needs to be under an ounce and for personal use. A person arrested for disorderly conduct or criminal trespassing can be charged with a misdemeanor. Criminal trespassing is essentially being somewhere that you weren't invited to be. If you refuse to leave a bar parking lot after being told by the owner you can be arrested for both criminal trespassing and disorderly conduct. Again, it all goes back to the circumstances surrounding the incident.

In Kansas, the penalties for a class a misdemeanor are up to one year in the county jail. For a class b misdemeanor conviction you can face up to six months in jail. And the lesser class c misdemeanor can have you serving up to a month in jail. Each one of those convictions could also come with fines imposed by the judge.

If you were arrested for a misdemeanor offense but the case was either dismissed or you were found not guilty by a jury you can apply to have your record expunged. By doing that you can tell a future employer that you do not have a criminal record and it will not show up in a typical background check. However, the record will still exist within the judicial system in the event you might be arrested again. Your prior arrests can impact any new charges. Among the types of misdemeanors that cannot be expunged are any sexual assault types of crimes. If you were convicted of a misdemeanor you can wait for a period of between 3 to 5 years (depending on the crime) to apply for expungement.

See also:
Arkansas Misdemeanor
Arkansas Expungement External link (opens in new window)
Arkansas Felony External link (opens in new window)
Kansas Felony External link (opens in new window)