In Kansas, a Felony 7 refers to a crime classified as severity level 7 within the state's structured sentencing guidelines. These guidelines, often presented as a grid, categorize felony offenses by severity level (from 1, most severe, to 10, least severe) and distinguish between "person" and "nonperson" felonies. The specific severity level, combined with an offender's criminal history, determines the presumptive sentence.
Understanding Severity Level 7 Felonies
Kansas law employs a grid system to ensure sentencing consistency and proportionality. Severity Level 7 occupies a mid-range position on this grid, indicating offenses that are considered serious but generally less severe than Level 1, 2, or 3 felonies. The actual sentence for a Severity Level 7 felony can vary significantly based on whether the crime is classified as a "person felony" or a "nonperson felony," and the defendant's criminal history score.
- Person Felonies: These involve crimes where direct harm or the threat of harm is inflicted upon another individual. Examples might include certain types of assault, battery, or sexual offenses, depending on the specific circumstances and statutory definitions.
- Nonperson Felonies: These offenses typically involve property crimes, financial crimes, or other crimes where there is no direct physical harm or threat of harm to an individual. Examples include theft, certain drug offenses, or property damage.
The distinction between person and nonperson felonies for the same severity level is crucial because person felonies often carry harsher presumptive sentences, even at the same severity level, reflecting the state's emphasis on protecting individuals.
Burglary as a Severity Level 7 Example
A notable example of a crime that can be classified as a Severity Level 7 felony in Kansas is burglary. However, the specific classification—whether it's a "person" or "nonperson" felony—depends on the nature of the offense as defined by the statute.
For instance, Kansas law specifies:
- Burglary as described in subsection (a) is a severity level 7, person felony. This typically involves unlawfully entering or remaining in a dwelling or building where a human being is present, indicating a direct threat or potential for harm to a person.
- Burglary as described in subsection (b) is a severity level 7, nonperson felony. This often refers to burglaries where the building is not occupied by a human being at the time of the offense, or involves other specific circumstances that do not present a direct personal threat.
This distinction highlights how the same general crime (burglary) can be graded differently based on the specific elements and whether it posed a direct threat to a person.
Key Factors Determining Sentence
The final sentence for a Felony 7 in Kansas is determined by several factors, including:
- Severity Level: The base classification (Level 7).
- Person vs. Nonperson: Whether the crime involved direct harm or threat to an individual.
- Criminal History Score: A numerical score reflecting an offender's past convictions, which is a significant factor in moving across the Kansas Sentencing Guidelines Grid. A higher criminal history score generally leads to a longer sentence.
Navigating the Kansas Sentencing Guidelines
Understanding Kansas's felony classifications requires consulting the official Kansas Sentencing Guidelines Grid. This grid, maintained by the Kansas Sentencing Commission, provides specific presumptive sentence ranges (in months) for each combination of severity level and criminal history score. While a Felony 7 is a specific severity, the range of potential penalties can still vary significantly depending on the "box" on the grid that an offender falls into.
For detailed information on Kansas statutes and sentencing guidelines, refer to the official resources provided by the Kansas Legislature, such as the Kansas Statutes.
