Sexual Battery Attorney in Overland Park
Facing a Sexual Battery Charge? We Defend Clients Across Johnson County.
A sexual battery charge in Kansas moves quickly. Investigators may contact you before any formal charge is filed, and the decisions made in those early days can shape how prosecutors build their case. Gigstad Law Office, LLC defends clients facing sexual battery and aggravated sexual battery in Overland Park and across Johnson County, with attorneys Robert C. Gigstad and Josh Zarse handling sex crime defense matters directly.
The consequences of these charges extend well beyond the courtroom. Reputational, professional, and personal harm can begin before an arrest. Early involvement by a defense attorney can affect how investigators and prosecutors approach the case from the start.
Contact us today for a free, confidential consultation. Call (888) 387-2036 to speak with a sexual battery attorney in Overland Park. No obligation is required.
Sexual Battery & Aggravated Sexual Battery Under Kansas Law
Kansas law addresses these offenses under K.S.A. 21-5505. The distinction between the two charges matters because each carries a different penalty range and requires the prosecution to prove different elements.
Sexual Battery: Class A Person Misdemeanor
Under K.S.A. 21-5505, sexual battery is the intentional touching of a person who is 16 or older and doesn’t consent, where the touching is done with the intent to arouse or satisfy the sexual desires of the offender or another. This offense is a class A person misdemeanor, carrying up to one year in county jail, a fine of up to $2,500, and up to two years of probation.
Aggravated Sexual Battery: Severity Level 5 Person Felony
The charge rises to aggravated sexual battery when the victim was overcome by force or fear, was unconscious or physically powerless, or was incapable of consenting due to mental deficiency, disease, or intoxication that was known or reasonably apparent to the offender. Aggravated sexual battery is a severity level 5 person felony. Under the Kansas sentencing grid, the presumptive prison sentence varies based on the defendant’s criminal history, and a conviction can also carry fines and a period of post-release supervision.
Consequences Beyond Incarceration
Depending on the conviction, a sexual battery offense may trigger registration under the Kansas Offender Registration Act. Registration can impose ongoing reporting requirements, housing restrictions, and limits on employment and travel that extend well beyond any jail or prison term. A conviction can also affect professional licenses, housing eligibility, and long-term employment prospects. These collateral consequences are part of what makes focused, early defense so important.
Defense Strategies in Sexual Battery Cases
The prosecution must prove every element of sexual battery beyond a reasonable doubt, including criminal intent. If it can’t establish that the touching was done with intent to arouse or satisfy sexual desires, criminal liability doesn’t attach. We examine the full record and build a defense strategy around the specific facts of each case.
Depending on the circumstances, defenses we may raise include:
- Consent: The relationship between the parties, prior communications, and witness accounts can all bear on whether the prosecution’s account of events holds up.
- Insufficient evidence: When no physical evidence exists and witness accounts are inconsistent or lack corroboration, the prosecution may not be able to meet its burden.
- Mistaken identity: Legitimate uncertainty about who committed the alleged act is a recognized defense where the circumstances support it.
- Constitutional violations: Unlawful searches or improper interrogation without counsel can result in suppression of evidence the prosecution may need to proceed.
Our familiarity with how Johnson County prosecutors handle sex crime cases and how Overland Park law enforcement investigates them directly informs how we build and present these defenses.
How Sexual Battery Cases Move Through Johnson County Courts
Felony aggravated sexual battery charges from Overland Park are handled by the District Court of Johnson County in Olathe, which has jurisdiction over felony sex offenses from cities throughout the county. Misdemeanor sexual battery cases may be addressed in the municipal court of the city where the alleged offense occurred.
Johnson County courts set dates and deadlines that differ from other parts of Kansas. We prepare clients for each stage, from arraignment through pretrial motions and, if necessary, trial. Throughout the process, we explain Kansas procedures in plain language and make sure clients know what to expect before each court date.
Talk to a Sexual Battery Attorney in Overland Park
Gigstad Law Office, LLC serves clients in Overland Park, Leawood, Lenexa, Olathe, Prairie Village, Shawnee, Gardner, and throughout Johnson County.
Call (888) 387-2036 or schedule your free consultation online. What you share with us is confidential, and there’s no obligation.
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What Our Clients SayOur clients share their stories about what happened and how we helped.
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Testimonials
Client-Centered Legal Representation
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"Very Respectful and Understanding Throughout the Process"I contacted Gigstad Law Office when I found myself being charged with a DUI in the state of Kansas. Although I've used other lawyers in the past for other types of legal situations, I've found, much to my disappointment, that they can often be flaky, or lacking in timely communication and responsiveness. I found that Mr. Gigstad was just the opposite. His rates are reasonable, he didn't drop the ball when I needed immediate legal advice, and was very respectful and understanding throughout the process. I would definitely recommend his services.DUI Client
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"Robert Was Able to Handle Our Case with the Utmost Professionalism and Discretion"Robert was able to handle our case with the utmost professionalism and discretion. He took the time to outline any and all appropriate courses of action, demonstrating what I viewed as a superior consultative prowess. I was very appreciative of his aid, and would highly recommend him to my family and friends.Adam
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"Would Highly Recommend Him to Anyone!"Mr. Gigstad did an excellent job of taking care of several problems for me from start to finish. He handled it quickly, professionally and for a fair fee. Would highly recommend him to anyone.Bill
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"Robert Is Professional and Made the Writing of My Will Easy and Painless"Robert is professional and made the writing of my Will easy and painless. He is professional and competitive. I will gladly recommend Robert and his services!Brian P.
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"Mr. Gigstad Was Able to Take Care of Everything. He Was Great at Explaining Everything to Me, and Keeping Me Informed"javascript:void('Save')Jeff
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"Would Highly Recommend Robert to Others"I was facing a second DUI and was very much dreading the impact this would make on my professional career and near future goals. Robert walked me through each part of the process and made sure I understood what to expect through the court process. He was very professional and made sure that no stone was turned. The end result, unbelievably was my charges were all dismissed. He was able to find an important information that lead to the dismissal. Would highly recommend Robert to others.Happy Client
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"I Have No Reservation Whatsoever in Recommending His Legal Services"Robert was very helpful on my (2) Moving violations. He skilly negotiated both to parking tickets - neither are reportable to my insurance. He kept me informed during the important milestones of the process. I have no reservation whatsoever in recommending his legal services. Steve RichardsonSteve R.
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"Extremely Responsive, Straight Talking Attorney That Carries Himself like None I Have Ever Used"Extremely responsive, straight talking attorney that carries himself like none I have ever used in the past. Treated me like he was providing a service, rather than doing me a favor by taking my case. Gave me his opinion of my case and his recommendation on how he would approach it but let me make the final decisions. In the end he negotiated a deal with the prosecuting attorney that was better than I thought possible. Zero jail time and minimum fines totaling $250(maximum was $2500). Now, 6 months later he was able to get all of my remaining probation time terminated for good behavior. During that time he also helped out with a lease agreement for a rental property, and a bid contract. Considering the level of service I received and the results I got, in the future I won’t use anyone else.Criminal Defense Client
Gigstad Law Office, LLC has secured dismissed outcomes in criminal defense matters handled in Johnson County and Overland Park. Client testimonials reflect responsive communication, professionalism, and results that include dismissals. Case outcomes depend on the specific facts and circumstances involved and cannot be guaranteed.
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DISMISSED STATE OF KANSAS V. J.M.
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DISMISSED CITY OF OVERLAND PARK V. H.C.
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Dismissal City of Gardner v. J.V.
First-time DUI dismissed after Attorney Josh Zarse highlighted significant issues in the case.
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Dismissed before Trial. State of Kansas v. G.E.
1st Time Drug DUI & Speeding. Dismissed before Trial.
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All Charges Dismissed City of Roeland Park v. B.T.