Areas of Practice
Assault & Battery
An assault charge involves some sort of physical contact between two or more people and an allegation that someone was "hurt" or felt "pain" in the contact. There are usually many versions and sides to an assault charge that the police do not ask about or report. Sometimes the only way to tell your side of the story is in court.
Assault and Battery is the combination of two violent crimes: assault (the threat of violence) and battery (actual physical violence). The main distinction between the two offenses is the existence or nonexistence of touching and/or contact.
Speak to a lawyer who works Assault and Battery cases immediately if you feel you have been victimized.
In the context of criminal law, "assault and battery" are typically components of a single offense. Assault and battery are separate, with an assault being an act which creates fear of an imminent battery, and the battery being that of unlawful touching. Assault and battery are intentional, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch a person. The wrongful touching need not inflict physical injury, and may be indirect (such as contact through a thrown stone, or spitting).
Assault
An assault involves:- An intentional, unlawful threat or "offer" to cause bodily injury to another by force;
- Circumstances which create in the other person a well-founded fear of an imminent peril;
- Where there exists the apparent present ability to carry out the act if not prevented.
Note that an assault can be completed even if there is no actual contact with the person, and even if the defendant had no actual ability to carry out the apparent threat.
Battery
A battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person. Note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. A defendant who emphatically pokes the plaintiff in the chest with his index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant, who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery.
Our Promise
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with Assault, Battery or both. Because of the possible penalties and mandatory jail sentence on these types of crimes, it’s imperative that you contact an attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
Divorce
Divorce is a legal termination of a marriage. To get a divorce in Kansas, the petitioner must be a Kansas resident for 60 days. There are several grounds for granting a divorce: incompatibility (no-fault); failure to perform a material marital duty; and mental illness (where spouse has been confined to a mental institution for two years or the court has found the spouse mentally ill or mentally incapacitated). Suits must be filed in the district court in which either spouse lives at the time of filing or where the spouse being filed against can be served.
The court may order either spouse to pay "maintenance" (alimony) to the other party. It may order regular monthly payments or a lump sum payment. The court's power to award maintenance is limited to 121 months. This may be extended in some circumstances. The court may modify future payments unless the decree says it cannot. The court may not modify past due maintenance payments.
In a divorce proceeding, the district court also divides the property and debts of the parties in a fair, just and equitable manner, regardless of the source or manner in which the property was acquired. The court will consider the age of the parties, the length of time the marriage lasted, the types of property involved, the present and future earning abilities of the parties, how and when the property was acquired, family ties and obligations, whether maintenance is allowed and other pertinent factors.
Normally, the parties will have joint custody of the children with physical custody and parenting time to be determined based on what is in the best interest of the minor child/ren. If the parents cannot agree on custody, a court may order mediation. Child support is established from the Child Support Guidelines based on the combined incomes of the parties, the number and ages of the children, and other considerations. A parent who does not visit his or her children is still required to pay support as ordered.
Divorce is a very serious matter. Those who decide to seek a divorce should fully understand what the benefits and repercussions may be. The Law Office of Timothy L. Dupree can assist you in walking through your decision to terminate you and your spouse’s marriage. Because of the severity, permanence and sometime harmful results of divorce, the Law Office of Timothy L. Dupree, after providing you with all relevant information, will strictly follow your requests throughout the divorce proceeding. So long as such requests do not violate a Kansas attorney’s required professional conduct. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
Domestic Violence
A case of domestic violence involves people in the same household, usually husband and wife or boyfriend and girlfriend. In these types of cases, one person makes an allegation against the other that there was physical violence between the two. These types of cases can have serious consequences in divorce and custody proceedings and gun ownership.
Domestic Battery / Domestic Violence
Domestic violence can occur between spouses, domestic partners, former partners or spouses, parents and children, children, individuals involved in a dating relationship, or the elderly. If you have been charged with a domestic violence offense in Kansas, you may be facing jail time or a state prison sentence. It is important that you contact an attorney, who can assist you with such charges.
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with Domestic Battery or some other Domestic Violence related charge/s. Because of the possible penalties and mandatory jail sentence on these types of crimes, it’s imperative that you contact an attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
DUI or DWS
If you have been arrested for drunk driving, driving while suspended or have violated implied consent laws, your driver's license will likely be suspended. That suspension varies with the number of times you’ve been convicted of those offenses. And in regards to driving under the influence of Alcohol or Drugs, if you’ve been convicted or entered into a diversion for 3 or more DUI’s you’ll likely be charged with a felony.
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with DUI or DWS. Because of the possible penalties and mandatory jail sentence on these type of crimes, it’s imperative that you contact an attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
Drug Charges
These charges usually involve an allegation that someone either possessed or sold a particular type of drug. These charges usually involve search and seizure issues and confidential informants and require strict application of the law by the police officers conducting the search or seizure. These charges are generally brought at the state level, but depending on the particular facts, may be brought at the federal level.Drug offenses have a variety of ranges with a variety of penalties. They range from misdemeanor to felonies and from probation to mandatory prison sentences. The possible charges include, but are not limited to the following charges:
- Simple possession,
- Drug trafficking,
- Possession with intent to sale,
- Sale,
- Delivery,
- Distribution,
- Cultivation,
- Manufacturing, or
- Transporting.
Felonies
There are four different levels of felony charges. Felony charges are typically considered more serious than misdemeanor charges. For most felonies, if incarceration is required, the sentence will be served in a State prison and not a county, city or local jail. A lot of misdemeanors have felony counterparts, such as Aggravated Assault/Battery, Felony theft, DUI, Domestic Battery, Obstructing legal duty or process and several others. Felony charges include some drug charges, murder, robbery, and many more.
Felonies are considered the most serious types of crimes. A standard definition of a felony is any crime punishable by more than one year in a state penitentiary or by death for capital offenses. Unlike misdemeanors, defendants convicted of felonies serve their sentences in a state prison rather than a local, city or county jail. Consequences of a felony conviction include not only the possibility of serving years in prison, but will likely impose more restrictions on the convicted individual’s rights. For instance, in many states, a convicted felon cannot serve on juries, vote or practice certain professions. Those convicted of one or more felonies may also be prohibited from owning firearms of any type, serving in the military and may be required to register as an offender (e.g., sex offender, violent offender or drug offender).
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with a felony. Because of the severity of a felony on not only your freedom, but on other constitutional rights, the Law Office of Timothy L. Dupree strongly recommends you contact a qualified and experienced attorney to assist you immediately. We are both experienced and qualified to represent you, so contact the Law Office of Timothy L. Dupree for aggressive, zealous and competent representation. Contact our office to schedule a free initial consultation.
Misdemeanor Charges
There are four levels of misdemeanor charges (unclassified, A, B and C). Punishment for a misdemeanor conviction could include spending time in the county jail. Instead of going to jail, sometimes defendants are placed on probation. Probation requirements may include attending classes, submitting to drug and/or alcohol testing, performing community service, and many more. A misdemeanor offense is not something to be taken lightly. It can cost you both money and time.
Misdemeanors are less serious than felonies. Nonetheless, misdemeanors can result in a jail sentence, though the jail sentence can’t exceed one year. However, if you are charged with more than one misdemeanor, the court can run the sentences consecutive to each other, which would possibly require serving more than one year in the county jail.
Although misdemeanors are crimes that do not rise to the level of a felony and carries the possibility of less jail time, a misdemeanor should still be considered serious.
There are different levels of misdemeanors. Obviously, a higher level misdemeanor means the court can impose a higher jail sentence, and more severe probation and restrictions. Even if you are charged with something you feel is insignificant, unimportant, or menial, you need representation.
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with Misdemeanor. Because of the possible penalties and mandatory jail sentence on certain types of misdemeanor crimes, it’s imperative that you contact an attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
Murder/Manslaughter
Murder involves intentionally or knowingly causing the death of another individual. If you are under investigation for this offense or you have already been arrested, contact an attorney immediately.Murder charges, in whatever form, are extremely serious, and can carry lengthy sentences, even the death sentence. If you are being investigated in a murder case or are being charged, it is extremely important that you seek experienced representation.
Murder or Murder related Charges Include:
- Attempted Murder
- Murder
- First Degree Murder
- Second Degree Murder
- Capitol Murder (Death Penalty applies)
- Manslaughter
- Involuntary Manslaughter
- Voluntary Manslaughter
- Vehicular Manslaughter
- Homicide
- Reckless Homicide
- Reckless Homicide while Driving Under the Influence of Alcohol (DUI)
- Intentional Homicide of an Unborn Child
- Solicitation for Murder for Hire
- Conspiracy to Commit Murder
Probation Revocations
Probation is not a joking matter and should be taken extremely serious. Violating your probation could cost you your freedom. Probation is often part of a criminal defendant's sentence. Probation is not given instead of jail time. Rather, jail time is normally suspended or stayed for as long as the defendant satisfies all terms of probation. The full sentence can be imposed by a judge if any of the probation terms or conditions are violated.Probation terms may include one or more of the following:
- Community Service
- Drug/Alcohol evaluation and treatment
- No contact with certain individuals
- No consumption of alcoholic beverages
- No patronizing certain establishements/restaurants
- Jail time
- Waiver of extradition
- Consent to searches of your person, vehicle or home
If you have violated any terms of probation you may suffer the following consequences:
- Extension of probationary period.
- Amendment of probation terms.
- Possible prison or jail time.
- Revocation of probation.
- Reinstatement of probation with same or different terms.
- The seriousness of the probation violation.
- The nature of the probation violation.
- The history of previous probation violations.
- New criminal activity surrounding the probation violation.
- Aggravating and mitigating circumstances of the probation violation.
- The probation officer and/or probation department's view of the probation violation.
- The probation violation with respect to the probation term.
Property Crimes
Property crimes are offenses where an allegation is made that someone's property was damaged destroyed, stolen or harmed. These types of crime include theft, criminal deprivation, criminal trespass, unauthorized use of a motor vehicle and more. If convicted, restitution will likely be involved to make the victim whole again.Property crimes range from minor offenses, like shoplifting, to more serious crimes, such as criminal damage of property, burglary, and arson. Financial property crimes include passing bad checks, fraud, forgery, and identify theft.
Property crimes include the following non-exhaustive list:
- Shoplifting
- Bad checks
- Burglary
- Auto theft
- Armed robbery
- Credit card fraud/identity theft
- Criminal trespass
- Larceny
- Criminal destruction of property
- Arson
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with a Property related crime. Because of the possible penalties and mandatory jail sentence on some property crimes, it’s imperative that you contact an attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
Appeals
If you've already been convicted of a criminal offense, you still have the right to appeal your conviction or your sentence. Certain time deadlines apply and you must act quickly.
After a conviction, you still need the services of an experienced lawyer. Your punishment, or even whether you serve a sentence at all, depends on sentencing, sentencing guidelines, appeals, and post-conviction relief. Having an experienced lawyer can mean the difference between a short or long jail sentence, or, in extreme cases, can mean your life.
If there were any procedural or other problems during a criminal trial, you can file an appeal. It is often wise to hire new attorneys to handle appeals. A new attorney may have more experience in appellate courts, and it is also possible that defense counsel for the first trial was the source of the problem.
The Law Office of Timothy L. Dupree can assist you if you’ve already been convicted and sentenced for a crime and seek to appeal that conviction or sentence. If you believe your rights were violated during your trial or if you feel the sentence the judge imposed was unconstitutional, contact an appellate experienced attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you throughout the appeal aggressively, zealously and competently. Contact our office or have a friend or relative contact us, to schedule a free initial consultation.
Sex Crimes
These charges involve an allegation of illegal sexual contact. Merely being investigated for this type of charge can ruin someone’s personal and professional reputation. If convicted of a sex crime, you could be required to register as a sex offender for an extended period of time.Sex related crimes include, but are not limited to:
- Indecent liberty,
- Child molestation,
- Obscene conduct, pedophilia,
- Possession or distribution of pornography,
- Prostitution,
- Rape,
- Date rape,
- Sexual battery, and
- Sexual assault.
The Law Office of Timothy L. Dupree can assist you if you’ve been arrested for or charged with a Sex Crime. Because of the possible penalties and mandatory reporting requirements for these type of crimes, it’s imperative that you contact an attorney as soon as possible. The Law Office of Timothy L. Dupree will represent you aggressively, zealously and competently. Contact our office to schedule a free initial consultation.
Violent Crimes
Kansas Violent crimes include but are not limited to:- Assault, battery, aggravated assault
- Aggravated battery with a deadly weapon
- Sexual assault and other sex crimes
- Vehicular homicide or involuntary manslaughter
- Domestic violence or violation of a protection from abuse
- Weapons offenses
- Armed robbery
- Criminal threat
- Aggravated burglary