First Degree Domestic Violence Lawyer Kansas City, MO

Missouri’s First Degree Domestic Assault Statute Explained

RSMo §565.072 currently sets out two ways a person can commit first degree domestic assault:

1. Attempting to kill a domestic victim
2. Knowingly causing or attempting to cause serious physical injury to a domestic victim

Attempt to Kill or Knowingly Cause Serious Physical Injury

Angry words, preparation, or a frightening statement aren’t enough on their own to prove an attempt to kill. Prosecutors have to show a criminal purpose and actions toward carrying it out. They may point to what was said, the force used, or weapon handling. When defending clients in these cases, we examine the full encounter for evidence of an accident, reckless behavior, or a different intent other than intent to kill.

Under Missouri’s criminal-code definitions, acting “knowingly” means being aware that your conduct is practically certain to cause a particular result. A “serious physical injury” is defined as one that creates a substantial risk of death, causes serious disfigurement, or causes a prolonged loss or impairment of a body part’s function.

Who Counts as a Domestic Victim?

Missouri’s definition of a domestic victim includes family and household members, as well as children in the family or household. The definition of a family or household member includes:

• Spouses
• Former spouses
• Relatives (by blood or marriage)
• People who live (or once lived) together

It also covers people in a continuing romantic relationship and people who share a child, whether or not they were ever married or lived together. Dating partners don’t need to share a home to face domestic violence charges.

How Actual Injury Affects the Felony Classification

First degree domestic assault starts as a Class B felony (even when an attempt to kill or cause an injury is unsuccessful). It becomes a Class A felony, however, if the accused actually causes serious physical injury during the offense.

Medical records are important evidence, but treatment alone doesn’t establish who caused an injury, when it happened, how serious it was, or what the accused knew.

Defense Strategies for First Degree Domestic Violence Charges in Kansas City

Police responding to a domestic dispute often make an arrest before they have the full story. An initial statement can carry a lot of weight, but it isn’t the whole investigation. Our defense work focuses on what the evidence shows actually happened. To protect you, we may employ any of the following criminal defense strategies.

Self-Defense or Defense of Another Person

Missouri law allows for reasonable, proportional force in response to an immediate threat of force. To build a self-defense strategy, we look at who started or escalated the encounter, the threats that were made, and each person’s size and injuries. We also consider weapons, escape routes, and earlier communications. The same evidence may support a defense of another person if you acted to protect a child, relative, or someone else.

Challenge Intent, Knowledge, and Attempt

A split-second action doesn’t always show exactly what someone intended to do. A lack-of-intent defense asks whether prosecutors can prove an attempt to kill or knowledge that serious injury was certain to occur. An accident, an effort to deescalate, an abandoned act, or reckless behavior may undermine the prosecution’s argument.

Contest Injury, Causation, and the Domestic Relationship

In domestic violence cases, we review any and all of the following to see whether an injury meets the pertinent legal definitions:

• Hospital records
• Imaging
• Photos
• Follow-up care
• Expected recovery
• Expert opinions

Preexisting conditions, a fall, another person’s actions, a later event, or treatment complications can also affect what caused an injury. Without proof of a serious physical injury, the state may not be able to prove their charge.

Also, if the relationship doesn’t meet Missouri’s domestic victim definition, the domestic assault count may fail (although a general assault charge could still be brought).

Check Witness Accounts Against the Evidence

Even if the alleged victim takes back a statement, prosecutors may continue the case using 911 calls, body cam footage, photos, medical statements, or other witnesses. We check those accounts against messages, videos, property damage, scene photos, and both parties’ injuries. We also look for constitutional violations in police searches and officer interrogations.

Possible Penalties for First Degree Domestic Assault in Missouri

Missouri’s felony sentencing law, RSMo §558.011, sets the possible prison ranges for a first degree domestic violence conviction. The sentence you could face depends on when the alleged offense occurred, the charge, the facts, your criminal history, and any additional counts.

Missouri classifies first degree domestic assault as a dangerous felony. Under the dangerous-felony minimum-term statute, a convicted individual must serve at least 85% of their sentence before they’re eligible for parole.

Prison isn’t the only possible consequence of a first degree domestic violence conviction, either. A court may order restitution and costs, restrict contact or weapons, or require treatment. A conviction can also mean collateral consequences on:

• Your firearm rights
• Your immigration status
• Any professional licenses you may have
• Your employment opportunities
• Family court decisions

Separate charges like armed criminal action, child endangerment, unlawful weapon possession, witness tampering, or violating an order of protection can bring additional penalties.