Law Offices of Fisher Kleinherenbrink, LLC | Attorneys | Hutchinson, KS

317 West 2nd Ave.

Experience. Integrity. Results.

Serving Hutchinson, Reno County, McPherson,

Great Bend, Lyons and the surrounding communities.

 

NOTICE

 

Due to the COVID-19 pandemic, our office lobby is open by appointment only until further notice.

 

Walk-ins are not allowed for any reason at this time.

 

To schedule an appointment or make a debit/credit card payment by phone, please call:

620-662-2077 Ben Fisher

620-669-0467 R.J. Kleinherenbrink

 

If you need to make cash payment, you will need to call in advance to arrange a time to do so.

 

Check and money order payments can be mailed to our office.

 

Thank you for understanding that it is critical for each of us do our part!

Alcohol Offences

What is the legal age for drinking? The Legal age for drinking in Kansas is 21 years old.

 

What Happens if I am a minor caught drinking alcohol? In the state of Kansas if you are a minor caught consuming alcohol the following can happen but not limited to. Fines, probation, drug and alcholo classes, or even going to a detention center.

 

What happens if an adult gives a minor alcohol? It is illegal to provide anyone under the age of 21 with alcohol. If caught you could be facing multiple charges, fines, and possibly jail time.

 

What is a DUI? A DUi is drving while under the influence. This could be alcohol or drug related. If your blood acholo continte is .08 or higher you are considered intoxicated.

 

What Happens if I get pulled over for for a DUI? If you get pulled over for suspision of drinking while driving you will most likely face a series of test to determine how intoxicated you are and if your able to drive. These test could be, but not limited to, a field sobriety test, where they will check your reaction times, and cognitive function. You will then more than likely be asked to take a brethalizer. If it is determined that you are to intoxicated to operate a motor vehicle you could be facing fines, jail time, drug and alcohol classes,  diversion, and possible suspension of your drivers license.

 

Can I refuse a Breathalizer? Yes, you can refuse a breathalizer however in the state of Kansas it is a criminal offence to refuse. The police departement can then decide to get a warrent for a blood alcohol test, and will come with possible charges, fines and up to a year in jail.

 

What is Public intoxication? Pulbic intoxication or public drunkiness is when you are visiably drunk in public.

Assult and Battery

What is Assult and Battery? The terms assult and Battery are intechangable and is considered the intent to cause harmful and/or offensive physical injury to another person. Depending on the severity it can be a misdemeanor or a felony. There are many different kinds of assult charges and many factors take play when deciding what charge to recieve.  

 

What are the different types of assult and battery? There are several different types of assult and battery charges that can occure for a variety of reasons. Age, severity, and number of offences are a few ways they determine what charge you will recieve.  aggravated assault, vehicular assault, domestic assault, first degree assault, second degree assault. The severity of the the charge will determine if it will be a felony or misdemeanor.

 

What Happens if I get charged with assult or battery? This depends on the severarity, type,  prior convictions, and if your charged with a misdemeanor or felony. Possible outcomes could be but not limited to, jail or prison, severe fines, batterers classes, possible diversion, and resitution.  

 

Criminal Damage

What is criminal damage? Criminal damage is where you willfully or recklessly damage someone elses property.  

 

What happens if I am charged with Criminal damage? This depends on how much dollar amount damage was done and any prior covictions.and if your facing a misdemeanor or a felony. You could be facing jail time or prison anywhere from a few days up to 13 years,  fines, probation, and resitution.

How is it determine if my criminal damage is a felony or misdemeanor? Usuall it is determined by the monitary amount of damages.

$1,000 or less in damage – Class B Nonperson Misdemeanor, $1,000 – $25,000 in damage – Severity Level 9, Nonperson Felony

$25,000 or more in damage – Severity Level 7, Nonperson Felony

 

Rape and Sexual Battery

What is the defference between Rape and Sexual Battery? Rape is when actual vaginal penitration occure and Sexual Battery is when no vaginal penitration occured.

 

What is Sexual Battery? Sexual Battery is where touching occured with out consent and the person is over 16 years of age.

 

Is it considered rape if someone was under the influence of drugs and alcohol if they consented? Yes, many times it is considered to be rape if the courts find that the person was to intoxicated to make the desision or if you are able to tell that a person is under the influence but still engage is sexual activity.

 

Is it possible to be raped or sexually battered by your spouse? Yes, it would be considered sexual battery.  However if there is an annulment, separation, divorce, or a protective order against the other spouse it would be considered rape.

 

What happens if I am charged with rape or Sexual Battery? Several things could happen and several factors decide what charge you get. Jail or imprisonment, fines, probation, regiser as a sex offender, and possible restitution.