Assault Lawyer St. Louis
Looking for an assault lawyer St. Louis? Discover how our experienced legal team can help you navigate the complexities of assault charges.
Professional Legal Defense From a St. Louis Assault Lawyer
Facing assault charges in Missouri can be an overwhelming experience, not only because of the potential for severe penalties but also due to the complexity of the law. Assault encompasses not just acts of physical violence but also threats and any behaviors perceived as dangerous by others. These serious charges could radically alter your life if they lead to a conviction.
We are committed to fighting for our clients at The Law Offices of Brian J. Cooke in St. Louis. Our professional legal team has an in-depth understanding of Missouri’s assault laws and a proven track record of successfully defending our clients. Whether you’re facing misdemeanor or felony assault charges, our aggressive approach to legal defense ensures that your side of the story is heard loud and clear.
Why choose us? We are your advocates, your shield against unjust accusations, and your best chance at preserving your freedom and reputation. We leverage our extensive knowledge and local experience to navigate the Missouri legal system, ensuring that every client’s case is handled with the utmost precision and care.
Don’t let assault charges derail your future. Trust The Law Offices of Brian J. Cooke to provide the formidable defense you deserve. Contact us today to learn how we can fight for you and aim for the best possible outcome in your case. Remember, choosing the right attorney is your first step towards reclaiming your peace of mind and moving forward with your life.
What Constitutes Assault in Missouri?
In Missouri, assault offenses are classified into four degrees, each defined by specific criteria set out in state statutes:
First-Degree Assault (Section 565.050, RSMo):
A person commits first-degree assault if they attempt to kill another person with deliberation or knowingly cause or attempt to cause serious physical injury to another person. This offense is classified as a Class A felony.
Second-Degree Assault (Section 565.052, RSMo):
A person commits second-degree assault if they:
- Attempt to cause or knowingly cause physical injury to another person by means of a deadly weapon or dangerous instrument.
- Recklessly cause serious physical injury to another person.
- Operate a vehicle while intoxicated, which results in injury due to their criminal negligence.
- This charge is typically a Class C felony.
Third-Degree Assault (Section 565.054, RSMo):
A person commits the offense of assault in the third degree if they knowingly cause physical injury to another person. This is a Class D Felony.
Fourth-Degree Assault (Section 565.056, RSMo):
A person commits fourth-degree assault if they:
- Attempt to cause or recklessly cause physical injury, physical pain, or illness to another person.
- Criminal negligence causes physical injury to another person by means of any method, not just a firearm.
- Purposely place another person in apprehension of immediate physical injury.
- Recklessly engage in conduct that creates a substantial risk of death or serious physical injury to another 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; or
- Purposely cause physical contact with another person knowing they will regard the contact as offensive or provocative.
- This offense is typically considered a Class A misdemeanor.
General Considerations:
Each degree of assault in Missouri is defined by the intent, means, and outcomes, with escalating seriousness from the fourth degree up to the first degree. The involvement of weapons, the severity of the injury, and the circumstances, such as victims being law enforcement officers or other special victims, can affect the exact charges and penalties.
In Missouri, an assault conviction can profoundly impact one’s life, stressing the importance of understanding these laws. Becoming familiar with Missouri’s statute on assault can clarify the distinction between a heated argument and an act that crosses into criminal territory.
Don’t let a misunderstanding or a momentary lapse in judgment define your future. Contact The Law Offices of Brian J. Cooke today for a consultation, and let us help you navigate this challenging time with confidence. Your defense starts here.
Practice Areas
Assault Charges
Domestic Violence
DWI Charges
Fraud Charges
Juvenile Offenses
Murder Charges
Probation Violations
Sex Offenses
Stealing Charges
Traffic Tickets
Weapons Offenses
The Consequences of an Assault Conviction
One guilty verdict in an assault case can cause a ripple effect. It doesn’t just stay in the courtroom—it has widespread consequences that people often don’t realize.
Immediate Consequences
- Jail Time
- Fines
- Probation
Long-Term Impact
Apart from the immediate penalties from the legal system, there are long-lasting consequences. If someone is convicted of assault, it stays on their criminal record, making it hard to find jobs and leading to social stigma. These effects aren’t just theoretical—they can seriously harm careers and make it tough to stay financially stable.
Beyond criminal law, there’s also the risk of being sued for damages in civil court. Victims may want compensation, adding to the defendant’s financial and emotional stress. These consequences show how serious assault charges are and why it’s crucial to understand all possible outcomes. At The Law Offices of Brian J. Cooke, we know this well and believe it’s important for anyone facing such legal issues to get professional help navigating them.
Defending Against Assault Charges in St. Louis
Navigating the legal system requires understanding the defense strategies available, as each criminal case has unique details that need careful attention. Common defenses for assault include self-defense, defending others, and showing that any harm caused was accidental. We thoroughly analyze everything from what happened before the incident to the reasons behind the actions to build a strong defense.
We actively collect evidence, talk to important witnesses, and examine the scene to break down the prosecution’s claims. At The Law Offices of Brian J. Cooke, we do more than just prepare a defense; we create a strong protection strategy for your case. We present your side clearly and forcefully, always aiming to win in court. The legal process is complicated, but with our strong legal support, we make managing your defense simpler and more successful.
How The Law Office of Brian J. Cooke Can Help
If you’re dealing with unfair accusations or struggling with legal terms, we can help. Brian J. Cooke knows how disruptive an assault charge can be. We’re ready to break down your case’s complexities and build a defense that fits your situation.
Here are the legal services we offer:
- Case review: We carefully examine the evidence to understand what works for and against you. Our goal is to create a defense strategy that suits you.
- Negotiation skills: Many cases can be resolved without going to trial. Brian J. Cooke is a skilled negotiator who can potentially reduce serious charges to lesser ones, safeguarding your future.
- Trial preparation: If your case does go to trial, we’re fully prepared. Every detail of your testimony and evidence is analyzed to ensure accuracy.
- Favorable outcomes: We take pride in helping clients avoid severe penalties, sometimes securing probation instead of prison sentences.
We’re here to guide you through the legal process and work towards the best possible outcome for your case.
Contact The Law Offices of Brian J. Cooke Today
Facing an assault charge can be overwhelming, with potential consequences for your freedom and reputation. However, having an experienced criminal defense attorney by your side can be the deciding factor between walking free and spending years in prison. In addition, a conviction can stay on your criminal record for the rest of your life, affecting your life in negative ways, such as your ability to get a job. That’s why skilled legal representation can be beneficial for the outcome of your case.
Our legal team is dedicated to standing by you during this challenging time, offering robust defense strategies to safeguard your rights. We understand the gravity of the situation and work tirelessly to ensure that your voice is heard and your rights are vigorously defended against prosecution claims.
If you’re facing an assault charge, don’t hesitate to reach out to our St. Louis assault defense attorney or domestic violence lawyer. Our initial consultation is free, providing you with the opportunity to discuss your case and take the first step towards reclaiming your peace of mind. Contact us today for more information or to get started on building a strong defense.
FAQ
Can You Still Own a Gun With an Assault Charge?
It depends on whether the assault charge is a misdemeanor or a felony and whether or not you receive a felony conviction. A misdemeanor assault charge will not result in the loss of your right to own a firearm. A felony conviction for assault, however, will result in you losing your right to own a firearm. If you receive an SIS probation (suspended imposition of sentence), you are not allowed to possess a firearm while on probation; however, once your probation is complete, your may legally own a firearm. With respect to domestic assault charges, even a misdemeanor domestic assault conviction can result in the loss of your right to own a firearm.
Does It Matter Who Started the Fight?
Under Missouri Self-Defense Law, you have the right to use reasonable force to defend yourself. However, an initial aggressor may not claim self-defense. An initial aggressor is defined as the person who attacked first or threatened to attack first. If you were the initial aggressor, you can only regain your right to self-defense if you have withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force.
What If a Weapon Was Involved in the Assault?
In Missouri, if an assault was committed with a deadly weapon or dangerous instrument, you can also be charged with armed criminal action. Examples of a deadly weapon include a gun or a knife. A dangerous instrument is defined as “any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injuries”. A dangerous instrument can include a car, a baseball bat, or a brick. Armed criminal action carries a mandatory minimum sentence of three years which must be run consecutive to any sentence on a related assault charge.
Is It Possible to Get an Assault Charge Reduced?
Yes. For instance, Assault 1st degree may be reduced to Assault 2nd degree if the assault occurred under “sudden passion arising out of adequate cause”. Sudden passion means, “passion directly caused by and arising out of provocation by the victim or another acting with the victim which passion arises at the time of the offense and is not solely the result of former provocation? Adequate cause means, “cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair an ordinary person’s capacity for self-control”.
What Is the Difference Between Serious Physical Injury and Physical Injury?
Serious physical injury is defined as “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”. Physical injury is defined as “slight impairment of any function of the body or temporary loss of use of any part of the body”.
Can I Still Get a Nursing, Real Estate, or Another Professional License in Missouri With an Assault Conviction?
It depends. Generally, a felony conviction for assault will disqualify you from obtaining certain professional licenses. A misdemeanor conviction for assault is something that will be considered but is not necessarily an automatic bar to professional licensure. Generally, the severity of the offense, the amount of time since the incident, and your conduct after the offense will be considered by the licensing board.
Can an Assault Conviction Be Expunged in Missouri?
Only misdemeanor assault convictions can be expunged in Missouri. However, any conviction of a domestic assault, be it a misdemeanor or a felony, cannot be expunged. Felony assault convictions also cannot be expunged.
Can an Assault Charge Be Enhanced If You Have Prior Convictions for Assault?
Yes. A prior assault offender is a person who has been found guilty of one assault offense, where such prior offense occurred within five years of the occurrence of the assault offense for which the person is charged.
A prior offender shall be sentenced to a term of imprisonment one class higher.
A persistent assault offender is considered to be a person who has been found guilty of two or more assault offenses, where such two or more offenses occurred within ten years of the occurrence of the assault offense for which the person is charged. A persistent assault offender shall be sentenced two classes higher.
Neither a prior nor persistent assault offender may receive a suspended imposition of sentence and will not be eligible for probation and parole unless such person has served a minimum six month’s imprisonment.
