Many people have heard of the term “assault and battery.” But in Missouri, the battery is not separately recognized as a crime. Any offense that constitutes battery or assault in Missouri will only be seen as “assault” under the law. Assault is classified into various degrees according to the seriousness of the offense. Sentencing can be more severe for repeat offenders. If you are facing assault charges, make sure you have a dedicated and skilled assault lawyer St Louis who can build a sound legal strategy to defend you.
Types of Assault Charges in Missouri
First Degree Assault in Missouri
When a person attempts to kill or knowingly causes or attempts to cause serious physical injury to another person, you can be charged with first-degree assault.
Second Degree Assault in Missouri
The following conditions may result in second-degree assault charges:
- When you attempt to kill or consciously cause or attempt to cause serious physical harm to another under the heat of sudden passion occurring from a sufficient cause
- When you use a dangerous or deadly weapon to knowingly cause or attempt to cause physical injury to another
- When you seriously injure someone due to your recklessness
- When you cause physical injury to someone by recklessly discharging a firearm
Third Degree Assault in Missouri
This type of assault occurs when you consciously cause physical injury to another. No matter what degree of assault you are charged with, it is a criminal offense that can have lasting consequences for your life. Talk to a knowledgeable assault lawyer St Louis for the right legal advice.
Fourth Degree Assault in Missouri
The following conditions may result in fourth-degree assault charges:
- When you recklessly cause or attempt to cause physical injury, pain, or illness to another
- When you cause physical injury to another by using a firearm with criminal negligence
- When you intentionally place someone in the fear of imminent physical injury
- When you act in a reckless manner that creates a significant risk of serious injury or death to someone
- When you attempt to cause or consciously cause physical contact with a person with a disability, which another reasonable, non-disabled person would perceive as offensive
- When you conscious cause physical contact with someone while being aware that the victim will perceive it as an offense act
Assault charges are serious and you may face substantial penalties, including loss of your freedom. An experienced assault lawyer St Louis can come up with possible defenses to help you obtain a favorable outcome.
Assault Charges and Penalties in Missouri
- First-degree assault: Class B felony with jail time of 5 to 15 years or Class A Felony with 10 years to life
- Second-degree assault: Class C or D felony depending on facts and circumstances C Felony up to 10 years of jail time and D Felony with up to 7 years of jail time and/or up-to $10,000 in fines
- Third-degree assault: Class E felony with up to 4 years of jail time and/or up-to $10,000 in fines
- Fourth-degree assault: Class A misdemeanor with up to 1 year of jail time and/or up-to $2,000 in fines
In some cases, the fourth-degree assault may be treated as a class C misdemeanor, which will attract up to 15 days of jail time and/or up-to $750 in fines.
Consult with a Reputable Criminal Defense Lawyer St. Louis
If you are arrested for assault in Missouri, it does not mean you’re guilty. At Miller & Hine, we will use every possible legal strategy within the realm of law to aim for a not guilty verdict or have your charges dropped altogether. For a free consultation, contact our St. Louis assault lawyers by calling at (314) 413-2053 or write to us online.