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What Is Third Degree Domestic Assault in Missouri?
Under §565.074 RSMo, third degree domestic assault occurs when someone knowingly causes physical pain or illness to a “domestic victim,” or attempts to cause physical injury. Unlike more severe degrees of assault, no serious injury is required — even minor contact can lead to felony charges if the alleged victim qualifies as domestic.
Who Qualifies as a Domestic Victim?
- Current or former spouses
- People related by blood or marriage
- Current or former cohabitants (roommates, partners)
- Anyone in a romantic or intimate relationship (past or present)
- People who share a child, even if never lived together
How Third Degree Differs from Other Assault Charges
- Second degree: Involves actual physical injury, often with a weapon or reckless behavior
- Third degree: Focuses on pain, illness, or attempt to harm a domestic victim — not necessarily injury
- Fourth degree: Often covers unwanted physical contact or minor threats — a misdemeanor
In summary: Third degree domestic assault is a lower-level felony, but the domestic classification raises the stakes. Prosecutors can pursue serious consequences even without visible injuries.
What Are the Penalties for Third Degree Domestic Assault in St. Louis?
Third degree domestic assault is classified as a Class E felony in Missouri. A conviction can result in up to four years in prison and fines of up to $10,000. In some cases — particularly if the defendant has prior convictions — prosecutors may seek a sentence enhancement to a Class D felony.
Additional Consequences
- Restraining orders or loss of contact with family
- Permanent criminal record with a “domestic violence” tag
- Loss of firearm rights under federal law
- Difficulty finding or keeping employment
- Impact on child custody or divorce proceedings
In summary: Even if no one was seriously hurt, a third degree domestic assault conviction can change your life. Early legal help is critical to protect your rights and future.
What Usually Happens After a Third Degree Domestic Assault Charge in St. Louis?
After you're arrested for third degree domestic assault, the legal process begins quickly. You'll be booked, and a judge may issue a protective order barring you from contacting the alleged victim. Your arraignment — where charges are formally read — typically follows within days.
From there, prosecutors decide whether to formally pursue the charge, offer a plea, or dismiss the case. While some cases are dropped due to lack of evidence or a recanting witness, others continue even when the alleged victim doesn't want to cooperate. Missouri law gives prosecutors broad discretion in domestic cases.
With the possibility of jail, probation, and long-term restrictions, early intervention from a defense lawyer is necessary to best protect your future. A skilled St. Louis third degree domestic assault defense attorney may be able to negotiate a charge reduction, challenge a weak case, or even prevent charges from being filed at all. If necessary, Combs Waterkotte's St. Louis criminal defense attorneys are prepared to fight for a "not guilty" verdict at trial.
In summary: The first few weeks - even hours - after your arrest are crucial. The sooner you have legal representation, the better your chances of protecting your future.
What Are the Defenses to Third Degree Domestic Assault in Missouri?
Just because you’ve been charged doesn’t mean you’ll be convicted. Our St. Louis third degree domestic assault lawyers explore every angle to protect your record, your freedom, your reputation, and your future. That includes challenging the evidence, questioning witness credibility, and identifying legal flaws in how the case was charged.
Common Defense Strategies
- False accusations — often during a breakup or custody dispute
- Self-defense — protecting yourself or someone else from harm
- No intent to cause harm — or conduct was misinterpreted
- No evidence of pain or injury — or inconsistent statements
- Mutual combat — both parties contributed to the incident
In summary: An experienced St. Louis third degree domestic assault attorney can uncover weaknesses in the case, push for dismissal, or argue for reduced charges. Don’t assume you have to plead guilty — let us help you fight back.
