Bragg Charged with Battery

District Attorney Charles Branson announces that Carlton E. Bragg, 20, has been charged with one count of battery in Douglas County District Court.  Kansas statute defines battery as knowingly or recklessly causing bodily harm to another person; or in the alternative knowingly causing physical contact with another person when done in a rude, insulting or angry manner.  It is a class B person misdemeanor punishable by a fine and or jail time up to six months.

The charge stems from a call that was placed to 911 on Friday, December 9 at approximately 1:00 a.m. Officers responded to a caller reporting a battery that occurred in the 1000 block of Emery Road.  The caller stated her boyfriend had struck her and pushed her down stairs during an argument. 

Domestic battery cannot be charged under the circumstance because the relationship does not meet the statutory requirements.  To be charged with domestic battery, the relationship must be a "Family or household member" which means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. "Family or household member" also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.

All defendants are presumed innocent until and unless proven guilty.  Charges are merely allegations of criminal conduct.

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