Second Degree Domestic Violence Lawyer Kansas City, MO

Missouri’s Second Degree Domestic Assault Statute Explained

RSMo §565.073 describes three ways someone can commit second degree domestic assault. For each, prosecutors must prove beyond a reasonable doubt that the accused committed domestic violence and that the other person meets the law’s official definition of a domestic victim.

Knowingly Causing Injury (Including Choking or Strangulation)

The first part of the statute covers knowingly causing a physical injury to a domestic victim. It specifically mentions deadly weapons, dangerous instruments, choking, and strangulation, but other methods can also apply.

The conduct must also be done “knowingly.” Under Missouri law, acting “knowingly” means being aware that your conduct is practically certain to cause an injury.

Reckless Serious Injury or a Deadly Weapon Injury

The other two parts cover recklessly causing a serious physical injury or recklessly causing a physical injury with a deadly weapon. Under Missouri’s criminal code definitions, recklessness means consciously disregarding a substantial, unjustifiable risk.

Legally, a physical injury can involve anything from slight impairment to a temporary loss of use. A serious physical injury, on the other hand, must create a substantial risk of death, cause serious disfigurement, or cause a prolonged loss or impairment of a body function.

The law treats “deadly weapons” and “dangerous instruments” differently. Firearms and certain other listed weapons meet the deadly-weapon definition. An ordinary object can qualify as a dangerous instrument if the way it’s used makes it capable of causing a death or serious physical injury. This distinction can make a difference when prosecutors allege armed criminal action.

Who Counts as a Domestic Violence Victim Under Missouri Law?

RMo §565.002 defines a domestic victim as a family or household member, including children in the family or house. The related family or household member definition includes:

• Spouses
• Former spouses
• Relatives by blood or marriage
• People who live together
• People who previously lived together
• People in a relationship who have a child together

Defense Strategies for Second Degree Domestic Violence Charges in Kansas City

Police responding to a domestic dispute may make an arrest after hearing just one side of the story. They may not have reviewed available video, messages, or medical history that could explain the reality of what happened. Our defense strategies look beyond the first account and check the allegations against the evidence.

Self-Defense or Defense of Another Person

Missouri law may justify reasonable, proportional force in response to an immediate threat of force. To build a self-defense strategy, we examine who started or escalated the encounter, any threats, each person’s movements and size, and both parties’ injuries.

The same evidence may support defense of another person if you acted to protect a child, relative, or someone else. These defenses are often a key component to achieving a favorable result in a Kansas City domestic violence case.

Challenge the Required Mental State

An injury doesn’t automatically mean someone acted knowingly or recklessly. A lack-of-intent defense considers whether you knew an injury was certain or consciously disregarded a specific injury risk. An accidental collision, a reflex, or an unforeseeable fall may directly refute the state’s argument.

Contest Injury, Causation, Weapon Claims, and Credibility

In domestic assault situations, we review medical records, photos, imaging, follow-up care, preexisting conditions, and expert opinions to see whether an injury meets the legal threshold. A fall, someone else’s actions, or a later event may also explain what caused it. In strangulation cases, we examine symptoms, timing, photos, and records, because marks alone don’t prove or disprove the charge.

We may also check whether an alleged weapon meets legal criteria and whether it was used as claimed. If at any point during the investigation the police violated your rights during a search or questioning, we may be able to keep that evidence out of court.

Possible Penalties for Second Degree Domestic Assault in Missouri

Second degree domestic assault is always charged as a Class D felony in Kansas City. Missouri’s general felony sentencing law allows up to seven years in prison, and state law also permits a fine of up to $10,000. A prior domestic assault conviction doesn’t automatically raise the felony class, but your criminal history can still affect the charges, negotiations, probation, and sentence.

A conviction can bring more than prison time. A felony conviction can have consequences on your firearm rights, immigration status, employment opportunities, and housing options. The court may order restitution payments, court costs, treatment, and no-contact conditions. You’ll also have to pay for any court-ordered batterer intervention program.