Assault in the 2nd Degree in Missouri

A person commits the offense of Assault in the Second Degree if he or she:

Attempts to kill or knowingly causes or attempts to cause physical injury to another person under the influence of sudden passion.

Attempts to cause or knowingly causes physical injury to another by means of a deadly weapon or dangerous instrument.

Recklessly causes serious physical injury to another person.

Recklessly causes physical injury to another person by means of a firearm.

Assault in the Second Degree is a D Felony unless the victim suffers serious physical injury or if the victim is a special victim, then its a B Felony.

A “special victim” is defined as:

• A law enforcement officer assaulted in the performance of his or her official duties or as a direct result of such official duties;
• Emergency personnel, any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician, assaulted in the performance of his or her official duties or as a direct result of such official duties;
• A probation and parole officer assaulted in the performance of his or her official duties or as a direct result of such official duties;
• An elderly person;
• A person with a disability;
• A vulnerable person;
• Any jailer or corrections officer of the state or one of its political subdivisions assaulted in the performance of his or her official duties or as a direct result of such official duties;
• A highway worker in a construction or work zone as the terms “highway worker”, “construction zone”, and “work zone” are defined under section 304.580;
• Any utility worker, meaning any employee of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned, while in the performance of his or her job duties, including any person employed under a contract;
• Any cable worker, meaning any employee of a cable operator, as such term is defined in section 67.2677, including any person employed under contract, while in the performance of his or her job duties; and
• Any employee of a mass transit system, including any employee of public bus or light rail companies, while in the performance of his or her job duties. RSMo 565.002

Let Us Help

Assault in the 2nd Degree is a very serious charge. You want to consult with an attorney as soon as possible if you were recently charged with this offense. The St. Louis lawyers at Miller & Hine are dedicated to provide the best possible defense to our clients, no matter what the charges against them may be. Your freedom and future are at stake. Call us today for a free consultation.