First Degree Assault Lawyer in St. Louis

What Is the Difference Between Assault and Battery in Missouri?

Historically, battery and assault were two different crimes. Battery involves the unlawful and intentional application of force against another person, while assault occurs when the accused person causes the victim to reasonably fear an imminent battery.

Thus, under traditional common law, someone could face assault in two circumstances. First, assault could occur during an attempted and failed battery. Second, assault could happen when the perpetrator threatened to attack the victim but did not follow through.

The U.S. Constitution does not allow common law crimes. Instead, all crimes must be codified in state and federal criminal statutes. Some states preserved the common law distinction between these offenses, though. For example, Illinois treats assault and battery as separate crimes.

Other states, like Missouri, merged assault and battery into a single offense. In these states, a single offense covers the use of both force and threats of force against others.

Missouri Statutes Covering First Degree Assault

The Missouri Revised Statutes include two offenses called first degree assault. The following crimes appear in Chapter 565:

First Degree Assault

First degree assault happens in two situations. First, prosecutors may charge someone with first degree assault if they attempted to kill another person. Second, these charges can be filed when a person knowingly causes or attempts to seriously injure someone else.

To understand the scope of this offense, it helps to first consider a few key legal concepts. An “attempt” happens when someone intends to commit an offense and takes a substantial step toward committing it.

This means that someone does not commit attempted murder if they just think about killing someone. Instead, they must take some action that corroborates their purpose to kill. Thus, one type of first degree assault happens when someone intends to kill another and does something to act on that intent.

“Knowingly” means that a person is aware of the nature of their conduct and knows that their conduct is “practically certain” to cause the prohibited result. Serious physical injury includes injuries that cause any of the following outcomes:

• A substantial risk of death
• Significant disfigurement
• Long-term loss or impairment of any body part

Therefore, the second type of first degree assault occurs when someone acts or attempts to act in a way that they know could kill, disfigure, or disable another person.

For example, deliberately driving a motor vehicle at someone standing in a parking lot could constitute first degree assault, regardless of whether the accused succeeded in hitting the victim.

Missouri law allows for enhanced penalties if the alleged victim qualifies as a “special victim.” These include:

• Law enforcement officers performing their duties
• Emergency personnel, firefighters, emergency room workers, and EMTs who are on the job
• Probation and parole officers performing their duties
• Corrections officers on duty
• Highway workers in construction zones
• Mass transit workers who are on the job
• Utility and cable workers performing their job duties
• Elderly, disabled, or vulnerable individuals

First Degree Domestic Assault

First degree domestic assault has almost the same definition as first degree assault. However, the victim must be a “domestic victim” under Missouri law, including any of the following family and household members of the accused:

• Current and former spouses
• Any person related by blood or marriage
• People who currently reside or formerly resided with them
• People who have or had a continuing romantic or intimate relationship with them
• Anyone with a child in common, whether they were married or cohabited

So similar to the scenario involving a motor vehicle, prosecutors could charge someone with first degree domestic assault if the accused tried to run over an ex-spouse.

Defenses Against First Degree Assault Charges in St. Louis, MO

With the help of our St. Louis first degree assault defense attorneys, you can defend yourself against first degree assault charges. Prosecutors bear the burden of proving all the elements of the offense to secure a conviction, and we can choose from many criminal defense strategies in response to your charges, including the following:

Lack of Intent

Prosecutors must prove that you intended to kill or knew that your actions would seriously injure the victim. If the allegedly dangerous actions were accidental, we can assert that you lacked the intent necessary to commit assault.

For example, suppose prosecutors allege that you deliberately threw a knife at the alleged victim. However, witnesses support your story that you tripped and the knife fell from your hand and hit the other person’s leg. We can argue that you did not knowingly or intentionally throw the knife and, thus, did not commit first degree assault.

Consent

We may be able to raise consent as a defense to assault charges for any of these scenarios:

• The alleged victim consented, and the accused did not cause or threaten to cause a serious physical injury
• The injury was a reasonably foreseeable risk of the alleged victim’s profession or participation in sports
• The consent establishes justification for self-defense or defense of others

For instance, you could claim consent if prosecutors allege that you caused a normal and expected injury while playing hockey with the victim.

Self-Defense and Defense of Others

You can use physical force to defend yourself if you reasonably believe it is necessary to prevent the imminent use of unlawful force. In Missouri, the limitation on self-defense is that you cannot use deadly force unless you reasonably believe the other person intends to cause death, serious injury, or forcible entry.

On the other hand, you are allowed to make a reasonable mistake. In other words, you can use physical force if you mistakenly but reasonably believe that it is necessary to defend yourself or someone else.

The reasonableness of your belief is based on what an objective person in the same situation would have understood. This means the sincerity of your belief is not the issue. Instead, your defense depends on whether someone else in your shoes would have interpreted the situation the same way.

Defense of Property

You are allowed to use physical force in Missouri if you reasonably believe someone else is committing or attempting to commit theft, property damage, or tampering. Additionally, you can defend yourself during a home invasion. Importantly, you do not need to try to retreat before defending your home.