Domestic Assault Lawyer in Kansas City, Missouri

Domestic Assault Lawyer in Kansas City, MO

In Kansas City, MO, prosecutors tend to aggressively pursue consequences for those charged with domestic violence and assault. The domestic assault attorneys at Combs Waterkotte have over 80 years of combined experience fighting for people accused of domestic assault. Here’s what you need to know about these charges and what our skilled team can do to help if you’re facing them.

Defining Domestic Assault in Kansas City, MO

Domestic assault is primarily defined by the identity of the victim. In other words, the same acts may qualify as either assault or domestic assault, with the charges determined based on the relationship between the accused and the alleged victim.

The difference is important. Although the punishments for assault and domestic assault are generally parallel, victims of domestic assault are often entitled to additional remedies, such as protective orders against the alleged perpetrator.

Assault becomes domestic assault when the victim is a “domestic victim” defined as any of the following family or household members:

• Current or former spouses
• Parents with a child together, whether they are or were married or cohabited
• Relatives by blood or marriage
• People currently or formerly residing together
• People with a current or former romantic or intimate social relationship

These categories are very broad. Domestic victims can even include friends and roommates under certain conditions.

Common Domestic Assault Charges Under Missouri Law

The Missouri Revised Statutes contain the following four degrees of domestic assault:

First-Degree Domestic Assault in Kansas City, MO

Prosecutors can bring first-degree domestic assault charges when the defendant is accused of any of the following:

• Attempting to kill a domestic victim
• Causing or attempting to cause serious physical injury to a domestic victim

The statutes define “serious physical injury” to cover any medical condition that poses a risk of death, causes serious disfigurement, or impairs the function of any body part. While a minor cut might not qualify as a serious physical injury, a life-threatening stab wound might expose the accused to first-degree domestic assault charges.

Second-Degree Domestic Assault in Kansas City, MO

Second-degree domestic assault occurs when the accused takes any of these actions toward a domestic victim:

• Knowingly causes physical injury
• Recklessly causes serious physical injury
• Recklessly causes physical injury using a deadly weapon

Under Missouri law, “knowingly” means that the accused was aware that their actions were practically certain to bring about the prohibited result. Someone knowingly causes a physical injury, for instance, when their actions are so severe that a jury can reasonably infer that the person was aware of the injury risk.

This bar is fairly low. Under Missouri law, physical injury means any impairment, however slight, of the use or function of a body part. For example, throwing a cup of hot coffee at a domestic victim may constitute second-degree domestic assault because the victim could suffer burns, cuts, and bruises when struck.

An action is “reckless” when the accused consciously disregarded a substantial and unjustifiable risk and, as a result, grossly deviated from the actions a reasonable person would have taken in the same situation. Reckless acts are unintentional but egregious enough to amount to a conscious disregard for the other person’s safety.

By statute, deadly weapons include any of the following:

• Firearm
• Projectile weapon
• Switchblade
• Dagger
• Billy club

Someone could face second-degree domestic assault charges for injuring a domestic victim while playing with a loaded crossbow, for instance.

Third-Degree Domestic Assault in Kansas City, MO

Third-degree domestic assault happens when the accused attempts or causes physical injury or knowingly causes physical pain or illness to a domestic victim. Physical pain or illness is a lower standard than a physical injury. Temporarily sickening someone with a toxic chemical would qualify as physical pain or illness, but might not qualify as a physical injury.

Third-degree assault requires the accused to act knowingly. Inadvertently contaminating the domestic victim’s food would generally not qualify as third-degree domestic assault. Prosecutors would need to prove that the defendant knew the food was contaminated and that it would cause injury, illness, or physical pain.

Fourth-Degree Domestic Assault in Kansas City, MO

Fourth-degree domestic assault is the lowest domestic assault charge. To secure a conviction, prosecutors must prove that the accused knowingly, negligently, or recklessly directed at least one of the following acts toward a domestic victim:

• Attempted or recklessly caused physical injury, pain, or illness
• Caused physical injury using a deadly weapon or dangerous instrument
• Caused apprehension of immediate physical injury
• Created a substantial risk of serious physical injury or death
• Caused offensive physical contact
• Attempted or caused isolation by unreasonably and substantially restricting their activities

Fourth-degree domestic assault charges do not require physical harm to the alleged victim. These charges could result from threatening a domestic victim or isolating them from others by taking away their phone.

Defenses Against Domestic Assault Charges in Kansas City, MO

A domestic assault lawyer from our team may use a number of criminal defense strategies to fight your charges, such as alibi, lack of intent, or self-defense.

Alibi

An alibi is a reason why the defendant could not have committed the offense. For example, a victim may falsely accuse the defendant of domestic assault. The defendant’s domestic assault attorney may present alibi evidence, such as witnesses who were with them at work when the assault allegedly occurred.

Lack of Intent

Domestic assault charges require proof of certain mental states. The most serious charges require prosecutors to show that the defendant acted purposely or knowingly. Even lower-level charges require recklessness.

If the injury resulted from an accident, the prosecution might not have a case. Suppose the victim suffered a serious injury in a car crash. If the defendant was merely careless, prosecutors might not be able to meet the standard for a conviction. Instead, they would need to show that the defendant intentionally crashed the car or deliberately ignored a substantial risk, such as driving on train tracks.

Self-Defense or Defense of Others

Self-defense allows a defendant to use force to protect themselves or others from an imminent risk of unlawful force. Under Missouri law, self-defense is an affirmative defense, meaning that the defendant must present evidence that they were under attack from the other person or that they reasonably believed an attack was imminent.

The reasonableness of the defendant’s actions can account for their prior history with the alleged victim. Specifically, a domestic assault lawyer may use evidence of battered spouse syndrome to show that the defendant reasonably believed that the victim would use force against them.

Notably, this defense also applies when the defendant used force to protect others. For example, a domestic assault attorney may assert that the defendant struck the alleged victim to stop them from slapping their child.

Penalties for Missouri Domestic Assault Convictions

Domestic assault penalties depend on the degree of the charges, the severity of the victim’s injuries, and the defendant’s prior history of assault. If the assailant has a prior history of assault convictions, they may be denied probation and face a mandatory prison sentence. Additionally, prior or persistent assault offenders may be sentenced one level higher than their charges.