Assault Lawyer Missouri

What Qualifies as Assault in Missouri?

Under RSMo §565, multiple actions (and the intent behind and severity of those actions) qualify as assault and may result in assault charges. These include:

• Recklessly causing physical injury, physical pain, or illness to another person (RSMo §565.056)
• Knowingly causing physical injury to another person (RSMo §565.054)
• Attempting to kill or knowingly causing or attempting to cause serious physical injury to another person (RSMo §565.052 & RSMo §565.050)

Depending on the nature of the offense, the assailant can be charged with a few different types of assault charges in Missouri.

What Types of Assault Charges Are There in Missouri?

Missouri law outlines four distinct degrees of assault charges. Each charge has different levels of severity depending on the action committed and the state of mind of the assailant.

Assault in the First Degree in Missouri

Under RSMo §565.050, a person commits assault in the first degree when:

• They attempt to kill or knowingly cause (or try to cause) serious physical injury to another person

In Missouri, first-degree assault is a Class B felony punishable anywhere from 5 to 15 years in prison.

If the victim suffers a serious injury or is a special victim, the offense may become a Class A felony punishable anywhere from 10 to 30 years or live in prison.

Assault in the Second Degree in Missouri

Under RSMo §565.052, a person commits assault in the second degree when they:

• Attempts to kill another person or knowingly tries to cause serious physical injury to another person
• Attempts to cause or intentionally causes another person a physical injury with a deadly weapon
• Recklessly causes a serious injury to another person
• Recklessly causes physical injury to another person with a firearm

In Missouri, second-degree assault is a Class D felony and may include a prison sentence up to 7 years and/or a fine up to $10,000.

If the victim is a special victim, the offense may become a Class B felony and is punishable anywhere from 5 to 15 years in prison.

Assault in the Third Degree in Missouri

Under RSMo §565.054, a person commits assault in the third degree when:

• They knowingly caused physical injury to another person

In Missouri, third-degree assault is a Class E felony and may include a prison sentence up to 4 years and/or a fine up to $10,000.

If the victim is a special victim, the offense may become a Class D felony and may include a prison sentence up to 7 years and/or a fine up to $10,000.

Assault in the Fourth Degree in Missouri

Under RSMo §565.056, a person commits assault in the fourth degree when:

• They try to cause or recklessly cause injury, pain, or illness to another person
• They harm another person with a firearm
• They purposely cause someone to fear an immediate physical injury
• They do anything that creates a risk of death or physical injury to another person
• They cause (or attempt to cause) physical contact with a person with a disability
• They cause physical contact with another person that that person considers offensive or provocative

In Missouri, fourth-degree assault generally is a Class A misdemeanor and may include up to 1 year in jail and/or a fine up to $2,000.

Some violations may fall under a Class C misdemeanor and may include up to 15 days in jail and/or a fine up to $750.

Special Victims of Assault in Missouri

The penalty for an assault offense in Missouri may be increased if the assault is committed against a “special victim.” RSMo §565.002 defines a “special victim” as any of the following:

• A police officer, probation officer, or corrections officer
• A firefighter, EMS technician, or healthcare workers
• An elderly person, person with a disability, or other vulnerable person
• Construction zone, utility, or cable workers
• A bus driver or light rail operator

What Are the Consequences of an Assault Conviction in Missouri?

In Missouri, the consequences of an assault conviction can range from a fine to life imprisonment depending on the severity of the offense. But there are additional factors to consider, like:

• Probation and Supervised Release: An assault conviction in Missouri may lead to years of probation with mandatory check-ins with a probation officer, drug and alcohol testing, anger management classes, and community service.
• Protective Orders / No-Contact Orders: If the assault involved a spouse or family member, you may be subject to an order of protection or restrictions on contact.
• Permanent Criminal Record: A Missouri assault conviction can appear on background checks, affect employment opportunities, impact professional licensing, and even limit housing options.
• Loss of Civil Rights (for Felony Convictions): If the assault is a felony, you may lose firearm rights, the ability to serve on a jury, or your right to vote.
• Enhanced Penalties for Future Offenses: Under RSMo §565.079, prior and persistent assault offenders may face increased penalties.
• Housing: An assault conviction in Missouri may make it difficult for some offenders to apply for housing successfully.
• Professional Licensing: A Missouri assault conviction may make it more difficult (or even impossible) to apply for and obtain certain professional licenses.

Defenses Against Assault Charges in Missouri

Due to the violent nature of assault charges, Missouri prosecutors work very hard for convictions in these cases. That means your defense needs to be robust, intentional, and aggressive. Our Missouri assault crime lawyers work to build an individualized defense for you that challenges the evidence and attempts to secure the best possible outcome for you. Our defense strategies include:

• Self-Defense: In some cases, the use of force may be justified to protect yourself against imminent harm.
• Defense of Others: Similarly, the use of force may also be justified to protect another person from imminent harm.
• Castle Doctrine: If the assault occurs in your home, vehicle, or other private property, you have the right to protect yourself from an intruder without the obligation to retreat.
• Stand Your Ground: This defense extends your right to use force beyond the home to any location where you feel threatened.
• Lack of Intent: Many assault charges come with qualifiers like “knowingly,” “recklessly,” or “purposely.” If your actions don’t fit those descriptors, this may serve as a good defense.
• Alibi: If you have proof that you weren’t present at the time of the assault in question, that’s as good a defense as any.
• Consent: If the altercation occurred as part of mutual combat, sports-related injuries, or any other kind of agreed-upon physical activity, this may serve your defense well.
• Fifth Amendment Violations: If you were coerced into self-incrimination, your assault charge may be thrown out due to an improperly obtained confession.