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What Is Fourth Degree Domestic Assault in St. Louis?
Under §565.076 RSMo, fourth degree domestic assault applies when someone commits one of several specific acts against a “domestic victim.” These acts do not have to cause injury to result in a criminal charge.
According to the statute, it includes situations where you allegedly:
- Attempt to cause or recklessly cause physical injury, pain, or illness
- Place a domestic partner in fear of immediate physical harm
- Engage in offensive physical contact with a domestic victim
- Negligently injure someone using a weapon
- Isolate a partner from access to communication, transportation, or medical care
“Domestic victim” means a person with whom the defendant has or had a close relationship. This includes:
- Current or former spouses
- Relatives by blood or marriage
- People who live or have lived together
- Partners in a romantic or intimate relationship
- Parents who share a child, even if they’ve never lived together
In summary: This is Missouri’s broadest domestic assault law, and prosecutors often use it in cases with no visible injury — especially when police are called during heated domestic disputes.
Is Fourth Degree Domestic Assault a Misdemeanor or Felony in St. Louis?
Fourth degree domestic assault is usually charged as a Class A misdemeanor in Missouri, punishable by up to one year in jail and a $2,000 fine. But the consequences can escalate quickly based on your record.
If you’ve previously been found guilty of domestic assault — at any degree — prosecutors can charge you with a Class E felony instead. That increases the possible sentence to up to four years in prison.
In summary: A first-time fourth degree charge is a misdemeanor, but repeat offenses turn it into a felony. Either way, the long-term impact on your criminal record and rights can be severe.
What Happens After a Fourth Degree Domestic Assault Arrest in St. Louis?
After an arrest, you’ll typically be booked and held until arraignment — usually within 24 to 48 hours. In most cases, the judge will issue a temporary order of protection, preventing you from contacting the alleged victim or returning home.
The prosecutor will review the police report and decide whether to formally file charges. Even if the alleged victim recants, the case can still move forward based on other evidence like 911 calls or witness statements.
Every decision made in these early days can shape the outcome of your case. That’s why having a St. Louis fourth degree domestic assault defense attorney involved before formal charges are filed can give you an edge in getting the case dropped, reduced, or resolved favorably.
In summary: Fourth degree domestic assault charges move fast. You need a legal team that responds immediately and pushes back before things escalate further.
Can a Fourth Degree Domestic Assault Charge Be Dismissed in St. Louis?
Yes — but it depends on how early and how strongly your defense team responds. Charges may be dropped if:
- The alleged victim refuses to testify or cooperate
- The police report lacks clear evidence of a crime
- You acted in self-defense or the incident was mutual
- Your attorney negotiates for pretrial diversion or deferred prosecution
Keep in mind, prosecutors do not need the victim’s cooperation to pursue charges. They often rely on police body cam footage, witness statements, or physical evidence.
In summary: With fast action and the right legal strategy, it’s possible to avoid a conviction — and even prevent charges from being filed at all.
What Are the Penalties for Fourth Degree Domestic Assault in St. Louis?
Most fourth degree domestic assault charges are Class A misdemeanors — which carry up to 1 year in jail and a $2,000 fine. However, if you have a prior domestic assault conviction, the new charge becomes a Class E felony punishable by up to 4 years in prison.
In addition to jail or prison time, a conviction can lead to:
- Restraining or protection orders
- Loss of firearm rights
- Difficulty securing employment or housing
- Permanent criminal record for domestic violence
In summary: A fourth degree domestic assault conviction can derail your future — even if it’s your first offense. Avoiding a conviction should be your top priority.
What Are the Defenses to Fourth Degree Domestic Assault Charges in St. Louis?
Just because you were arrested doesn’t mean you’ll be convicted. Depending on the facts, your attorney may raise one or more of these defenses:
- Self-defense: You were defending yourself or someone else from harm
- False accusation: The claim was made out of spite or during a breakup
- Mutual conflict: Both parties contributed to the incident
- No offensive contact or injury: The conduct didn’t rise to the legal definition of assault
- Lack of intent: Any contact or action was accidental, not knowing or reckless
In summary: An experienced St. Louis fourth degree domestic assault lawyer can challenge the evidence, expose contradictions, and push for dismissal or acquittal.
