In May 2007, Kircus was involved in an early morning altercation with a man in Centennial, Colorado. Kircus, who claimed self-defense, was allowed to remain with the Broncos after taking a polygraph test. Originally charged with felony assault, Kircus instead pleaded guilty to a misdemeanor and was sentenced to 2 years probation. His release from the Broncos was unrelated to the incident according to head coach Mike Shanahan. Kircus filed for bankruptcy protection in 2010 as a result of continued compensation claims by the victim.