565.052. Assault, second degree, penalty.
Hurting someone badly on purpose or by being reckless is second-degree assault
This law explains what counts as second-degree assault. It includes causing serious injuries on purpose or by being reckless, and it’s treated more seriously if the victim is a protected person.
1. A person commits second-degree assault if they do any of the following:
- Try to kill or seriously hurt someone while acting out of sudden passion caused by something serious;
- Use a deadly weapon or dangerous object to hurt or try to hurt someone;
- Recklessly cause serious physical injury to someone;
- Recklessly hurt someone by firing a gun.
2. If the person claims they acted out of sudden passion for a good reason (in the first situation), they must bring that up in court—it’s their responsibility to prove it matters.
3. Second-degree assault is usually a class D felony. But if the victim is a special victim (like a police officer, child, or other protected person), it becomes a class B felony.
Contact Combs Waterkotte today at (314) 900-HELP to talk with a Missouri criminal defense lawyer.
