Second Degree Assault Lawyer in St. Louis

What Is Second Degree Assault in Missouri?

Under Missouri Revised Statute §565.052, second-degree assault is a felony that covers six different situations — all involving serious physical injury, use of weapons, or reckless behavior. This charge can carry significant penalties, including years in prison.

You can be charged with second-degree assault in Missouri if you allegedly:

• Cause or attempt to cause serious physical injury to someone under the influence of sudden passion (like during a fight)
• Intentionally cause physical injury by using a deadly weapon or dangerous object
• Recklessly cause serious physical injury to someone else
• Recklessly injure someone by discharging a firearm
• Cause physical injury while driving away from police or fleeing arrest
• Strangle or choke someone by impeding their breath or circulation

The takeaway: Even if you didn’t mean to hurt someone, you can still be charged under this law if your actions were reckless or involved a weapon. And if the alleged victim is a “special victim,” the penalties are even more severe.

What Are the Penalties for Second Degree Assault in St. Louis?

In Missouri, second-degree assault is typically charged as a Class D felony. But if the alleged victim is a “special victim” — such as a police officer, emergency responder, or elderly person — the charge becomes a Class B felony with much harsher consequences.

Class D felony penalties:

• 1 to 7 years in prison
• Possible supervised probation (up to 4 years)
• Fines up to $10,000

Class B felony penalties:

• 5 to 15 years in prison
• No probation in many cases

Who qualifies as a “special victim” under Missouri law?

• Law enforcement officers
• Firefighters and emergency medical personnel
• Individuals 60 years or older
• Persons with disabilities
• Transit or utility workers performing duties

Important: Other factors — like the use of a weapon, the degree of injury, or reckless behavior — don’t change the felony class, but they can influence how the case is charged and what sentence a judge might impose.

Can Second Degree Assault Charges Be Reduced in St. Louis?

Yes — second-degree assault charges can be reduced or even dismissed in certain situations, especially when handled by an experienced St. Louis second degree assault defense lawyer early in the case. Prosecutors may agree to a lesser charge if there are weaknesses in the evidence or mitigating circumstances.

Common reasons charges are reduced:

• The injury was minor or unintentional
• You acted in self-defense
• You have no prior criminal record
• The alleged victim does not want to press charges
• There is insufficient or conflicting witness testimony

First-time offenders may be eligible for diversion programs, probation, or reduced charges that avoid a felony record — but only if the case is handled proactively. Waiting too long to mount a defense can limit your options.

The takeaway: A strong legal strategy filed early can make the difference between a felony conviction and a second chance.

What Are Legal Defenses to Second Degree Assault in St. Louis?

Second-degree assault charges can often be challenged using a range of legal defenses — especially when the alleged conduct involved confusion, minimal injury, or self-defense. Prosecutors must prove every element of the charge beyond a reasonable doubt, and experienced attorneys can use that to your advantage.

Common defenses in Missouri second-degree assault cases include:

• Self-defense or defense of others: You acted to protect yourself or someone else from immediate harm.
• No serious injury: The alleged harm doesn’t meet Missouri’s legal definition of “serious physical injury.”
• No weapon present: The prosecution claims a weapon was involved, but no evidence supports it.
• Accidental conduct: You did not act intentionally or recklessly — it was a mistake, not a crime.
• False accusations or unreliable witnesses: There are inconsistencies in the story, or the evidence doesn’t add up.

The takeaway: Even serious assault charges can be beaten with the right defense — but timing, strategy, local experience, and having an experienced St. Louis second degree assault lawyer by your side make all the difference.