Second-Degree Assault Lawyer Kansas City, MO

Second-Degree Assault in the Missouri Revised Statutes

In the Missouri Revised Statutes, second-degree assault occurs under the following circumstances:

Seriously Injures or Attempts to Kill or Seriously Injure Under Sudden Passion

To understand this type of assault, you must first understand two homicide charges. Second-degree murder happens when someone knowingly causes another person’s death. However, this charge can be reduced to manslaughter if the accused claims they acted under sudden passion arising from an adequate cause.

First- and second-degree assault parallel these homicide charges. The first-degree offense happens when someone attempts to kill, seriously injures, or attempts to seriously injure another party. This charge can be reduced to second-degree assault when the accused asserts that they acted under sudden passion arising from an adequate cause.

Sudden passion arising from adequate cause can explain the accused’s actions in a way that reduces their culpability. As defined by the state’s statutes, sudden passion means a powerful emotion triggered by a provocation, such as by the other party or someone acting with the other party.

The emotion arises at the time of the alleged assault rather than a prior provocation. Adequate cause means a reason that would understandably trigger sudden passion in a person with an ordinary temperament, impairing their self-control.

A serious physical injury causes a substantial risk of death, severe disfigurement, or extended functional loss or impairment of a body part. It is worth noting, though, that Missouri’s legislature amended this statute to replace the term “serious physical injury” with “great bodily harm” for cases from July 2027 onward.

Great bodily harm means a physical injury that creates a high probability of death or a serious and permanent or extended functional loss of a body member or organ. Other serious bodily harm may also qualify.

Injures or Attempts to Injure With a Deadly Weapon or Dangerous Instrument

Additionally, a second-degree offense can also happen when the accused caused or attempted to cause a physical injury to someone with a deadly weapon or dangerous instrument.

A physical injury is any injury that slightly or even temporarily impairs the function or use of a body part. This definition is meant to cover nearly all physical injuries, such as minor bruises, lacerations, or abrasions.

On the other hand, a deadly weapon is very narrowly defined to include these devices:

• Loaded or unloaded firearms
• Projectile weapons capable of killing or seriously injuring
• Switchblades
• Daggers
• Billy clubs
• Blackjacks
• Metal knuckles

Except for firearms and projectile weapons, these devices are used primarily for harming people. However, the list excludes other devices that are obviously deadly weapons, such as hunting knives or throwing stars.

The law defines a dangerous instrument broadly to include any instrument, article, or substance that is readily capable of killing or seriously injuring. Unlike the definition of deadly weapons, this definition does not provide specific, and potentially limiting, examples. As a result, prosecutors can interpret this definition broadly to include motor vehicles, baseball bats, poisons, or even broken beer bottles.

An example of a situation falling under this scenario could occur if someone knowingly added a harmful substance to their spouse’s food. Even if the substance is non-lethal, any damage to the spouse’s digestive system could justify these charges.

Recklessly Causes Serious Injury

Recklessness means that the accused consciously disregarded a substantial and unjustifiable risk. This disregard must constitute a gross deviation from the behavior expected in the situation.

For example, driving with your eyes closed might constitute recklessness, as could throwing rocks off a highway overpass. If you cause a serious injury, these reckless actions could come with assault charges.

Recklessly Injures Using a Firearm

Recklessness involving a firearm can also mean facing assault charges. Since firearms require extra care, you can commit a second-degree offense by causing any injury, not just serious injuries.

This means prosecutors might pursue second-degree charges for assault even if the other party did not suffer a gunshot wound. For instance, you might be charged for firing a gun inside a house, damaging another person’s eardrums.

Potential Defenses Against Kansas City, MO, Second-Degree Assault Charges

When you hire us, we build a criminal defense strategy that is unique to the circumstances of your case. However, here are some common defenses that can be useful in second-degree assault cases:

Lack of Intent

Assault in the second degree requires either intent or reckless conduct. The law requires these mental states to avoid its application to simple accidents.

Suppose that you accidentally discharged a pistol while putting it into your holster. The bullet ricocheted and hit a firearm instructor. If the gun discharged due to a mechanical malfunction, we might argue that you lacked the intent required for assault.

Self-Defense and Defense of Others

Missouri law specifically protects your right to use force to defend yourself and others. Under the state’s statute, you may use physical force against someone else when you reasonably believe force is needed to prevent the imminent use of unlawful force. For example, you might use force to stop someone who comes at you while brandishing a knife.

The self-defense law even allows for reasonable mistakes. You could presumably use force to disarm someone who has a toy gun if the toy would have fooled any reasonable person. We can consider whether self-defense would apply to your situation.

Castle Doctrine

The castle doctrine permits you to use force against someone, without retreating, when that person is unlawfully entering or attempting to enter your home, even if you are not inside. This law also applies when you are not in your home.

You can also use force to defend your office or vehicle as long as you have a lawful right to be there and you believe that the other person lacks such a right.

If someone was on your property who shouldn’t have been, we may be able to leverage the castle doctrine in your defense.

Penalties for Second-Degree Assault in Kansas City, MO

Assault in the second degree is normally a Class D felony punishable by up to seven years in prison. However, people convicted of Class D felonies are potentially eligible for probation instead of imprisonment.

This charge can be elevated to a Class B felony, which comes with 5 to 15 years in prison, when the person assaulted is a “special victim.” Special victims include:

• Law enforcement officers, corrections officers, and probation or parole officers performing official duties
• EMTs, firefighters, and medical personnel performing job duties
• People who are elderly, disabled, or vulnerable
• Highway workers in work zones
• Utility workers, cable workers, and mass transit workers performing job duties

It’s important to note that under Missouri law, vulnerable people include anyone in the care of the Department of Mental Health.