Felony Attorneys

Felony Criminal Defense Attorneys

If you've been charged with a felony, you are probably worried about your future and the future of your family. If you are convicted of a felony in Kansas your life will change forever. A felony conviction can result in a state prison sentence which is much harder time to serve than a stint in a local or county jail. Even after you serve your time, a felony conviction can haunt you for life.

When facing such serious criminal charges, you want help from a legal advocate with actual experience trying cases in criminal courts throughout Kansas. At SRC Law Group, LLC our Kansas City, Kansas Felony criminal defense lawyers have more than 25 years of experience trying criminal cases involving a variety of felony offenses.

The Difference Between Misdemeanor and Felony Charges.

All crimes are classified into one of three categories: infractions, misdemeanors, and felonies. Most people have heard these terms before, especially on television when watching the news or their favorite crime drama. While these different terms are fairly well-known, the difference between them isn’t so much. However, this difference could play a huge role in your case, including determining what types of penalties you could be facing and what consequences you can expect to face after you have completed your sentence. Let’s take a closer look at the difference between these three types of crimes.

Violations

Violations are the most common type of crime, and also the least serious. If you run a stop sign, get cited for speeding, or park in a handicapped spot without a permit, you will be cited for a violation, which means you’ll simply have to pay a fine. As you can imagine, the vast majority of violations are things like traffic tickets, though there are a few non-vehicle-related crimes that are also violations. These are pretty mundane, however: they carry no jail time and have no permanent criminal history, although you may get a few points on your driving record, which your insurance company will probably use to increase your rates.

Misdemeanors

Misdemeanors are a major step above a violation, and this is where you could start seeing jail time as part of your sentences. However, misdemeanors are usually served in local or county jails as opposed to state or federal prisons. The other signifying factor is that misdemeanors carry a 12-month prison sentence at the absolute longest. Anything longer than that would automatically be upgraded to a felony charge. Misdemeanors almost always feature a fine as part of their penalties as well, although they too are quite a bit lower than a felony charge.

Felonies

Felony charges are the most serious type of crime. Often reserved for the most serious violations, including major thefts, acts of extreme violence, and substantial harm to victims, these crimes can carry penalties well in excess of a year, with some of the most serious even carrying decades’ worth of prison time in a state or federal facility for a guilty conviction on a single charge. Unlike a misdemeanor, many felony crimes carry the “presumption of probation,” which means you will be entitled to a contract of probation, allowing you to serve your sentence outside of prison. However, this is not guaranteed, and you will be sent to prison if you violate the terms of your probation agreement.

Felonies also carry an abundance of added consequences after you have completed your sentence. Convicted felons lose a number of rights that those who have clean criminal records are automatically granted, including the right to vote in elections on all levels (federal, state, county, and local), and the right to own a firearm, and the right to work in certain professions. Some professions require a criminal record that is free of certain types of convictions, such as medical professionals who are forbidden from having any violent criminal history.

Do I Need an Attorney?

In short, yes, you absolutely should retain the services of a Kansas City, KS criminal defense attorney in order to give yourself the best possible chance at a successful outcome. A skilled lawyer will have the knowledge and experience needed to combat against the judge and jury and present your arguments in an impactful and effective way. When so much is on the line in terms of penalties, which can include large fines, incarceration, probation, and many other options, you need an ally on your side who can stand up for you and your freedoms.

SRC Law Group, LLC can provide you with this much-needed counsel! Contact us today by dialing (913) 948-9311 and ask to receive a free initial case evaluation!

Understanding Kansas Laws

Under the recent Kansas Sentencing Guidelines, the sentence for a felony conviction depends upon the severity level of the felony offense and your prior criminal record. The potential sentence for a felony conviction may include large fines, license suspension, probation, life in prison, and more.

The impact on individuals and their families is tremendous. Nobody is prepared to handle the consequences of a felony conviction.

At the SRC Law Group, LLC, we defend clients charged with a variety of felony crimes, including:

Drug offenses

Drug offenses such as possession with intent to distribute, manufacture of methamphetamine, marijuana cultivation, drug distribution, and drug trafficking involving cocaine, heroin, ecstasy, prescription narcotics, and other controlled substances

Sex crimes

Sex crimes like rape, sexual assault, Internet solicitation of a minor, child pornography, indecent exposure, and prostitution

Weapons charges

Felony weapons charges such as commission of a felony with a weapon, possession of a weapon, and illegal discharge of a gun

Domestic assault and domestic battery

Domestic violence including spousal assault, spousal abuse, child abuse, violation of a restraining order or protective order, stalking, harassment, and other violent crimes

Violent crimes

Violent crimes such as assault and battery, aggravated assault, aggravated battery, involuntary manslaughter, criminal vehicular homicide, attempted murder, felony murder, homicide, burglary, and terroristic threats

Felony DUI / DWI

Felony DUI offenses are when you have been charged with a 3rd or 4th DUI or if you have 2 prior DUI convictions in Kansas within a 10 year period and are charged with a subsequent DUI

What Rights Can a Convicted Felon Lose?

Being convicted of a felony carries with it more than possible incarceration, probation, and/or fines. It can also result in the loss of several rights.

For instance, you could be prohibited from:

Serving as a juror in civil or criminal cases.

Jury service is one of the pillars of the judicial system. Having a panel of peers hear evidence and decide cases maintains the checks and balances of the justice process.

A person cannot serve on a jury if they have been convicted of a felony 10 years prior. (Kan. Stat. Ann. § 43-158).

Voting

Being convicted of a felony means you won't have the right to make your voice heard in elections, thus not having a say in who gets elected to public office.

In Kansas, a felon can regain his/her voting rights upon the completion of their prison sentence, parole, or probation. Anyone who is currently serving time for a state or federal felony offense is prohibited from voting.

One of the most important rights we have as American citizens is the ability to vote. Now that the midterm election has passed, the U.S. presidential election of 2020 will be the next opportunity for millions of voters to choose politicians who represent their beliefs and contribute to our democracy.

When a person obtains a felony conviction, the National Voter Registration Act requires that each judicial district’s U.S. Attorney must provide information of current felony convictions to the Secretary of State’s office, who then sends this notice to the proper election officer to revoke the felon’s voting rights.

Once a felon completes his/her sentence, he/she must re-register to vote—at least 21 days prior to the scheduled election. A felon is not required to show a proof of final discharge. The voter registration form has an affidavit—located above the signature line—which states that voting rights have been restored. If a person signs a false affidavit, it is considered a felony offense.

Missouri has similar laws regarding felon voting rights. However, those who have been convicted of a misdemeanor or felony election crime are not allowed to vote.

The right to vote is something to be valued, which is why our Kansas City criminal defense attorneys at SRC Law Group, LLC is committed to helping you avoid a felony conviction entirely or reduce the penalties you must serve and get your criminal record expunged if convicted. Our goal is to protect your rights, reputation, and future. Let us help you restore your voting rights immediately!

Holding office

If you're convicted of a felony, you cannot serve the public in an official capacity. Therefore, you may be restricted from pursuing a career you find rewarding and fulfilling.

Possessing or purchasing a firearm

As a convicted felon, you will be banned from the right to bear arms, limiting your ability to protect yourself and your loved ones should an emergency arise.

Are Rights Lost Forever?

Losing certain rights because of a felony conviction can be frustrating and be mentally taxing, as it can be difficult to see those around you enjoying the things you cannot. Thankfully, the loss of rights is not permanent. Depending on your circumstances, your rights may be automatically restored or you can pursue legal avenues to be relieved of the bans.

The loss of the right to vote or hold office is automatically restored after you've completed your sentence. (Kan. Stat. Ann. § 21-6613). This means that you served your term of incarceration, as well as probation or parole. Additionally, you must have paid all fines, fees, and restitution ordered by the court.

The firearm and jury service bans, on the other hand, do not lift after you've completed your sentence. You must wait a certain length of time after your conviction to have this right restored.

If you were found guilty of a person felony or drug felony, your loss of firearm rights will be for 10 years. For non-person offenses, the prohibition is for 5 years. However, if a firearm was used in the commission of the crime, the restriction is for 10 years. (Kan. Stat. Ann. § 21-6304).

In Kansas, a person disqualified from having a firearm yet knowingly possesses one can be charged with a severity level 8 non-person felony. If they are convicted, they may face incarceration and/or fines.

It may be possible to decrease the amount of time you are prohibited from having a firearm by seeking a pardon. This relief is granted by the governor and requires that you present a compelling case as to why disabilities should be removed. You are eligible for a pardon only if you were convicted of a state crime. Federal felonies cannot be forgiven through this method.

It's important to note that although a pardon can restore your rights, it will not erase the conviction from your record. You must file a petition for an expungement to be considered for that type of relief.

Our firm has defended hundreds of clients in Kansas City, KS charged with all types of felony crimes. We are familiar with the techniques prosecutors use when building a case. By thorough investigation and work with outside resources, our criminal defense lawyers are able to work for optimal results in each and every case I handle.

If there is an opportunity for a dismissal or acquittal in a felony case, we will not hesitate to pursue it.

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