Kansas Criminal Defense Laws

Kansas uses a two-dimensional sentencing grid for nondrug felonies. The vertical axis has 10 severity levels (1 = most serious). The horizontal axis has criminal history categories (I = most extensive). The grid box at the intersection gives the presumptive sentence range. Severity levels 1-4 are presumptive imprisonment; levels 5-10 may be presumptive probation depending on criminal history.

Drug offenses use a separate sentencing grid with 5 severity levels. The grid works similarly to the nondrug grid, plotting drug crime severity against criminal history to determine presumptive sentences.

Waiting periods: 3 years for misdemeanors, traffic infractions, and lower-severity felonies (nondrug levels 6-10); 5 years for higher-severity felonies (nondrug levels 1-5 and upper drug levels). Serious violent offenses (murder, rape, sex crimes) are ineligible. Court considers circumstances, public welfare, and whether firearm possession would threaten public safety.

BAC limit: 0.08 (0.04 commercial, 0.02 under 21). First offense: Class B misdemeanor, 48 hours to 6 months jail, $750-$1,000 fine, 30-day suspension + 180-day IID. Second offense: Class A misdemeanor, 90 days to 1 year jail, $1,250-$1,750 fine, 1-year suspension + 1-year IID. Third offense within 10 years: nonperson felony. Fourth+ offense: always a felony regardless of timeframe.

Kansas has an active death penalty for capital murder (premeditated killing of certain victims including law enforcement, children, multiple victims). Method: lethal injection. Kansas has not carried out an execution since 1965, though the death penalty was reinstated in 1994.