St. Louis Domestic Violence Attorney

A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim and: 

• The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;
• With criminal negligence, the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;
• The person purposely places such domestic victim in apprehension of immediate physical injury by any means;
•  The person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to such domestic victim;
• The person knowingly causes physical contact with such domestic victim, knowing he or she will regard the contact as offensive; or
• The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices, or transportation for the purpose of isolation.

Domestic Assault 4th Degree is normally a Class A misdemeanor, with a range of punishment of up to one year in jail. However, if you have previously been found guilty of assault, domestic assault, or of any offense committed in a different state which, if committed in this state two or more times, would be a violation of this section, you can be charged with a Class E felony, with a range of punishment of up to four years in prison.

• Knowingly causes physical injury to such domestic victim by any means, including but not limited to the use of a deadly weapon or dangerous instrument, choking or strangulation; or
• Recklessly causes serious physical injury to such domestic victims; or
• Recklessly causes physical injury to such domestic victims by means of any deadly weapon.

Domestic Assault 2nd Degree is a Class D felony, with a range of punishment of up to 7 years in prison.

A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim.

Domestic Assault 1st Degree is a Class B felony with a range of punishment of 5 to 15 years in prison. However, if the assault results in serious physical injury, it can be charged as a Class A felony, with a range of punishment of 10 to 30 years or life in prison.

This phase includes handling pre-trial motions related to the admissibility of evidence and witness testimony, as well as arraignments, plea bargain discussions, and case management conferences.

Throughout the process, both the prosecution and defense actively prepare by gathering evidence, interviewing witnesses, and strategizing for trial. It’s crucial for the accused to have an experienced attorney to navigate these complexities, ensuring their rights are upheld while building a strong defense.

If you or someone you know is facing charges related to domestic violence, contact The Law Offices of Brian J. Cooke for skilled legal assistance. Our dedicated team can help you navigate the complexities of your case and work towards the best possible outcome. Don’t hesitate; reach out today.

No. Under federal law, you cannot own a firearm with a misdemeanor or felony domestic assault conviction or are subject to a restraining order in which the judge found that you had committed domestic violence. Missouri passed a Constitutional amendment to stop state law enforcement officials from enforcing federal gun laws. The Constitutional Amendment is currently being litigated in Federal Court. Generally, an SIS (suspended imposition of sentence), should not prevent you from owning a firearm after your probation is complete, since you did not receive a conviction.

Technically no. It is always up to the state to charge someone or dismiss charges. Most prosecutors will consider the alleged victim’s desire to not to pursue charges. An Affidavit of non-prosecution is an informal legal document in which the purported victim notifies the prosecutor that he/she is not desirous of prosecution. Filing an affidavit of non-prosecution is helpful in getting the case dismissed, but not automatic. The prosecutor can still force the victim to come to court and testify.

Generally, the court will require that you have no contact with the alleged victim. Exceptions can be made for exchanging custody of a child. Additionally, the court will generally require that you complete the “Batterer’s intervention program”. The batterer’s intervention program is a long-term counseling program which requires several sessions per week. Probation and parole may also impose domestic violence conditions, which require you to disclose your conviction to anyone you are in a relationship with.

No. Any conviction involving Assault or Domestic Assault cannot be expunged.

It can. Will a Domestic Assault conviction will not automatically cause you to lose custody, it can be considered in family court if your spouse tries to take your custodial rights away.

Often, the alleged victim will contact the person charged with domestic assault to make up after the alleged domestic assault. However, if you respond you could be in violation of your bond conditions or probation conditions. This is true even if the alleged victim contacted you first. You could also be charged with tampering with a witness if you do anything to try to convince the other person to drop charges.

Generally, if you have been charged with domestic assault, the judge will order that you stay away from the address where the alleged victim lives as a condition of your bond.