St. Louis Assault Lawyer


What are the different degrees of Assault Charges in Missouri?

If you or a loved one has been charged with assault, it is imperative that you hire a skilled Missouri criminal defense lawyer immediately for proper legal advice. Even simple assault charges can carry serious consequences, including a lengthy jail or prison sentence, a criminal conviction, and substantial fines. 

We can fight to make sure that your side of the story is heard in court and that you do not become the victim of a false or exaggerated allegation. Please do not hesitate to contact us if you are facing an assault charge and would like to discuss your situation further.

Under Missouri law, there are four degrees of assault. Each criminal charge is defined differently and carries a different range of punishment. It is not uncommon for Missouri prosecutors to overcharge assault cases. Our experienced St. Louis criminal defense attorney at the law office of Brian J Cooke can fight to make sure you get the best outcome possible on your assault case. The elements of assault--that is the things the prosecutor must prove in order for you to be guilty of that offense--are as follows:

    I. Assault in the First Degree

    A person commits the crime of assault in the First Degree if he/she:

    1. Attempts to kill another person
    2. Knowingly causes serious physical injury to another person
    3. Attempts to cause serious physical injury to another person

    Assault in the First Degree is normally a class B Felony which carries a range of punishment from 5 to 15 years in prison. However, assault in the First Degree is a class A felony, punishable by 10 - 30 years, or life in prison when:

    1. The defendant caused "Serious Physical Injury" to the victim. Serious Physical injury means "physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body". Or,
    2. The alleged victim was a "special victim". Special victims include Members of Law Enforcement, Emergency Personnel, Probation and Parole Officers, the Elderly, Persons with disabilities, Correctional officers, Utility workers, and Highway Construction workers.
    3. Assault in the First Degree is defined as a "Dangerous Felony" under Missouri Law. If you are convicted of a "Dangerous Felony" such as Assault in the First Degree you will have to serve a minimum of 85 percent of your sentence before becoming eligible for parole.

    II. Assault in the Second Degree

    A person commits the crime of Assault in the Second Degree of he or she:

    1. Attempts to kill or knowingly causes or attempts to cause serious personal injury to another person under the influence of "sudden passion arising out of adequate cause".
    2. Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument.
    3. Recklessly causes serious physical injury to another person.
    4. Recklessly causes physical injury to another person by means of discharging a firearm.

    Assault in the Second Degree is normally a Class D felony, which carries a range of punishment of one day to one year in the county jail, or up to 7 years in prison. However, if the victim is a "Special Victim" (see above), Assault Second Degree is a Class B Felony, Which carries 5 to 15 years in prison.

    Assault in the Second Degree is defined as a "Dangerous Felony" under Missouri Law. If you are convicted of a "Dangerous Felony" such as Assault in the First Degree you will have to serve a minimum of 85 percent of your sentence before becoming eligible for parole.

    III. Assault in the Third Degree

    A person commits the crime of Assault in the Third Degree if he or she knowingly causes "physical injury" to another person. "Physical injury" is defined as "slight impairment of any function of the body or temporary loss of use of any part of the body."

    Assault in the Third Degree is normally a Class E felony, which carries a range of punishment from one day to one year in the county jail, or up to 4 years in prison. If the victim is a "special victim" (defined above).

    IV. Assault in the Fourth Degree

    A person commits the crime of Assault in the Fourth Degree if:

    1. The person attempts to cause or recklessly cause physical injury, physical pain, or illness to another person;
    2. With criminal negligence, the person causes physical injury to another person by means of a deadly weapon;
    3. The person purposely places the person in apprehension of immediate physical injury;
    4. The person recklessly engages in conduct that creates a substantial risk of serious physical injury or death to another person.
    5. The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative.
    6. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

    Assault in the Fourth Degree is normally a Class A misdemeanor, which carries up to one year in the county jail. Subdivisions 3 and 6 are Class C misdemeanors, which carry up to 15 days in jail unless the victim is a "special victim" (defined above), in which case it is a Class A misdemeanor.

    What are the Defenses to an Assault Charge in Missouri?

    No one wants to be convicted of sexual assault, felony assault, domestic assault, or any type of assault. A record of conviction for a simple assault charge can lead others to believe you are violent and dangerous and foreclose opportunities, such as employment, rental leases, and college admissions. To beat a Missouri Assault charge you and your St. Louis Criminal defense lawyer may be able to use the following legal defenses:

    I. You acted in Self-Defense

    Under Missouri law, you have the right to defend yourself if:

    1. You reasonably believe such force is necessary to defend yourself from what you reasonably believe to be the use or imminent use of unlawful force.
    2. You only use as much force as you reasonably believe is necessary to defend yourself.
    3. Deadly force may only be used when you reasonably believe it is necessary to defend yourself against death or serious physical injury or the commission of a forcible felony.
    4. You were not the initial aggressor, meaning the person who attacked first or threatened to attack first. However, an initial aggressor can regain his right to self-defense if he or she withdraws from the encounter and clearly indicates a desire to end the encounter.

    Furthermore, Missouri is a "Stand your Ground" state. You do not have a duty to retreat before resorting to the use of physical force to defend yourself in a location you have a right to be.

    Once self-defense has been injected into the case, the burden shifts to the prosecution to prove beyond a reasonable doubt that you did not act in lawful self-defense.

    II. You acted in defense of a third party

    Under Missouri Law, you can use lawfully use force against another person when:

    1. You are defending another person
    2. The person you are defending would be justified in using force to defend themselves
    3. The person you are defending was not the initial aggressor
    4. You only used force to the extent that you reasonably believed was necessary to defend the other person. Deadly force may only be used to defend against what you reasonably believe to be a threat of death, serious physical injury, or the commission of felony assault.

    As with self-defense, once the issue of "defense of others" has been injected into the case, the State has the burden of proving beyond a reasonable doubt that you did not act in lawful defense of another.

    III. You were defending property

    Under Missouri Law, you can lawfully use force against another person when:

    1. You reasonably believe the other person is committing the offense of stealing, property damage, or tampering
    2. You are only permitted to use the amount of force you reasonably believe is necessary
    3. Deadly force may never be used to defend property.

    As with Self-Defense, once the issue of "defense of property" has been injected into the case, the State has the burden of proving beyond a reasonable doubt that you did not act in lawful 

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