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What Is Fourth Degree Assault in Missouri?
Fourth-degree assault in Missouri is defined under §565.056 RSMo as any of six different actions that involve minor harm, threats, or offensive contact. It’s the lowest level assault charge in Missouri — but it’s still a crime with real consequences.
Here’s what counts as fourth-degree assault:
- Recklessly causing physical injury to another person
- Negligently causing injury with a deadly weapon
- Attempting to cause physical injury
- Threatening someone and making them fear harm
- Offensive physical contact — such as pushing or grabbing
- Attempting offensive contact that a reasonable person would find provoking
Example: If you shove someone, threaten them with your fists, or accidentally injure them with a weapon, you could be charged with fourth-degree assault — even if they weren’t seriously hurt.
The takeaway: Fourth-degree assault casts a wide net, meaning even minor altercations can turn into criminal charges.
What Are the Penalties for Fourth Degree Assault in St. Louis?
Fourth-degree assault in St. Louis is usually charged as a Class A misdemeanor. That means you could face up to 1 year in jail and a fine of up to $2,000 if convicted.
But some cases are less serious — and Missouri law allows certain fourth-degree assault charges to be treated as a Class C misdemeanor instead. That lowers the maximum penalty to 15 days in jail and a fine of up to $750.
So what’s the difference? It depends on what kind of conduct you’re accused of:
- Charges based on injury, threats, or use of a weapon are Class A misdemeanors
- Charges based on offensive touching or attempted touching are Class C misdemeanors
Also important: If the alleged victim is a “special victim” — such as a police officer, elderly person, or public transit worker — the penalties may be enhanced.
Even the lowest-level charge can show up on background checks and create long-term consequences for jobs, housing, and your future.

Can Fourth Degree Assault Charges Be Dropped in Missouri?
Yes — fourth-degree assault charges can be dropped in Missouri, but it depends on the facts of the case and how early you act. Prosecutors may dismiss the charge if evidence is weak, if the incident was clearly accidental, or if the alleged victim chooses not to cooperate.
In some cases, your attorney can present mitigating factors, argue that no crime occurred, or negotiate an alternative resolution like a diversion program or amended charge.
Here’s what can lead to a dismissal:
- Witness inconsistencies or lack of cooperation
- No physical injury or visible harm
- Clear self-defense or mutual confrontation
- Strong community ties and clean record
The takeaway: The sooner you get legal help, the more options you have to get charges reduced or dropped entirely.
What Defenses Work Against Fourth Degree Assault Charges in St. Louis?
Several defenses can work against a fourth-degree assault charge in Missouri, especially if the facts are unclear or the contact was minimal. A good attorney will look at what actually happened — and what can be proven — to build your defense.
Common defenses include:
- Self-defense: You were protecting yourself or someone else from harm.
- Accidental contact: The action wasn’t intentional or reckless.
- No offensive intent: The contact was not threatening or harmful.
- Mutual confrontation: Both parties escalated the situation equally.
- False accusations: The other person may have exaggerated or fabricated the story.
In summary: Fourth-degree assault charges can be very defensible — especially when no one was hurt and there’s no prior criminal history.
Do I Need a Lawyer for a Fourth Degree Assault Charge in Missouri?
Yes — hiring a lawyer is necessary even for a misdemeanor like fourth-degree assault. A conviction can follow you for years, affecting jobs, housing, and your reputation.
Why a St. Louis fourth degree assault lawyer helps:
- They can challenge weak or incomplete evidence.
- They know how to negotiate with prosecutors for dismissals or reduced charges.
- They’ll ensure your rights are protected in court and during questioning.
- They can achieve a Not Guilty verdict if you decide to fight the charges at trial.
The takeaway: Even if the charge seems minor, the long-term consequences aren’t. Having an experienced St. Louis fourth degree assault attorney can make the difference between a record and a second chance.
