Our firm handles a wide range of Domestic Violence, including:
- Domestic Assault
- Parental Kidnapping
- Abuse of an Elderly Person
- Stalking
- Endangering the Welfare of A Child
- Ex Parte and Order of Protection Defense
Types of Domestic Assault Charges
Domestic Assault 4th Degree
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.
Domestic Assault 3rd Degree
A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim.
Domestic Assault 2nd Degree
A person commits the offense of domestic assault in the second degree if the act involves a domestic victim and he or she:
- 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.
Domestic Assault 1st Degree
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.
Protect Your Future With The Law Offices of Brian J. Cooke
If you or someone you know is facing charges of domestic assault, it is crucial to have skilled legal representation. At The Law Offices of Brian J. Cooke, we are dedicated to defending the rights of our clients. Failing to get proper legal support can result in severe consequences, including imprisonment, hefty fines, loss of parental rights, and a permanent criminal record. Protect your future by contacting us today for a comprehensive defense strategy and to ensure your side of the story is heard. Reach out now to discuss your case and explore your legal options.
Defenses to Domestic Assault Charges in Missouri
You Acted in Self-Defense or Defense of a Third Party
Just like with Missouri assault charges, if you were defending yourself or a third party, you may be able to beat your domestic assault charge.
The Allegation Is Not Credible
In many domestic assault cases, the allegation comes as retaliation for infidelity or other problems in the relationship. An experienced St. Louis criminal defense attorney can use these facts to question the victim’s account.
The Person Is Not Actually a Domestic Victim
A domestic victim is defined as a household or family member, which includes spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time.
Judicial Process in Domestic Violence Cases
The judicial process for domestic violence cases in Missouri focuses on protecting alleged victims and ensuring the rights of the accused are respected. Here’s a simplified overview:
Initial Arrest
When someone is charged with domestic violence, they are arrested, booked at the police station (which includes recording personal details, taking fingerprints, and a mugshot), and often held until a bail hearing can be arranged.
Bail Hearing
At this hearing, a judge reviews several factors to decide on the conditions of bail. These factors include the severity of the alleged offense, the accused’s criminal history, the risk they might pose to the alleged victim and community, and personal circumstances like community ties and family responsibilities. Bail conditions might involve restraining orders, GPS monitoring, or regular check-ins with a probation officer. In cases where the charges are not severe and there is no prior record, the accused may be released on their own recognizance.
Pre-Trial Stages
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.
The Law Offices of Brian J. Cooke Offers a Strong Defense for Your Domestic Violence Case
If you or a loved one has been charged with domestic assault, it is crucial to contact an experienced St. Louis domestic violence attorney immediately. Often, the police and prosecutor will favor the complaining witness, overlooking any issues with their credibility. We are committed to ensuring that your side of the story is heard in court and that you are not victimized by a false accusation. To protect your rights and get the defense you deserve, contact The Law Offices of Brian J. Cooke today.
