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What Is Third Degree Assault in St. Louis?
Under §565.054 RSMo, you commit third degree assault in Missouri if you knowingly cause physical injury to another person.
According to Missouri law:
- “Knowingly” means you were aware your actions were practically certain to cause harm.
- “Physical injury” includes pain, illness, or any visible bodily harm — such as bruises, swelling, cuts, or soreness.
In most cases, third degree assault is charged after a fight, argument, or altercation where someone ends up with even a minor injury. It doesn’t require serious harm or use of a weapon — only that you knowingly caused pain or injury.
In summary: Third degree assault is a felony-level charge that applies when someone is hurt and prosecutors believe you knew your actions would cause that harm. The injury may be minor — but the consequences are not.
How Is Third Degree Assault Different From Second or Fourth Degree?
Second degree assault under §565.052 involves serious injuries or reckless conduct with weapons — and is charged as a more severe felony.
Fourth degree assault under §565.056 includes threats, minor contact, or attempted harm without injury — and is usually a misdemeanor.
Third degree assault sits in the middle: a felony charge based on knowingly causing even minor pain or injury — no weapon or serious harm required.
What Are the Penalties for Third Degree Assault in St. Louis?
Can you go to jail for third degree assault in St. Louis? Yes — under Missouri law, third degree assault is a Class E felony. That means you could face up to four years in prison and a fine of up to $10,000.
Even if you avoid prison time, a felony conviction can come with probation, court-ordered treatment, a permanent criminal record, and serious damage to your personal and professional life.
Judges in St. Louis County and City often consider alternatives like:
- SIS (suspended imposition of sentence): No conviction if you complete probation successfully
- SES (suspended execution of sentence): Conviction entered but jail time is suspended
- Probation or diversion programs depending on your history and the facts of the case
In addition to jail time and fines, a third degree assault conviction can lead to:
- A permanent felony record that shows up on background checks
- Loss of firearm rights under state and federal law
- Difficulty securing employment, housing, or professional licensing
- Family court consequences, including custody or visitation issues
- Immigration consequences for non-citizens
In summary: A single argument or mistake can result in a felony record, even if you don’t spend time behind bars. Don’t assume a third degree assault charge will just go away — the consequences can follow you for life.
What Are Legal Defenses to Third Degree Assault in St. Louis?
Just because you’ve been charged doesn’t mean you’ll be convicted. There are multiple ways to defend against a third degree assault allegation — especially if the facts are unclear, the injury was minor, or the alleged victim has changed their story.
Common defenses include:
- Self-defense: You were protecting yourself or someone else from harm
- Mutual combat: Both parties agreed to or participated in the altercation
- Accidental injury: The injury was not the result of knowing conduct
- No credible evidence: No witnesses, no video, or inconsistent statements
- False accusation: The charge was made out of anger, revenge, or manipulation
In summary: An experienced St. Louis assault lawyer will investigate the facts, challenge weak evidence, and fight to get your charge reduced or dismissed entirely.
