How Does Missouri Define the Different Degrees of Assault?

Assault charges in Missouri can vary significantly depending on the severity of the alleged incident. Missouri law classifies assault into different degrees, each carrying its own set of legal consequences. Understanding the various degrees of assault is critical if you or someone you know is facing charges.

What Is Assault Under Missouri Law?

In Missouri, assault occurs when one person intentionally causes harm to another or attempts to cause harm through physical actions or threats. Missouri's laws categorize assault into four main degrees, ranging from first degree (the most serious) to fourth degree (the least serious). The degree of the charge depends on factors such as the level of injury inflicted, the use of weapons, and the intent of the alleged assailant. Each degree of assault is prosecuted differently, with varying penalties depending on the severity of the crime.

First-Degree Assault

First-degree assault is the most serious assault charge in Missouri and typically involves attempts to kill or cause serious physical injury to another person. According to Missouri Revised Statutes Section 565.050, a person commits first-degree assault if they attempt to kill someone or cause serious injury knowingly. In most cases, first-degree assault is charged as a Class B felony, but it can be elevated to a Class A felony if serious injury or death results from the assault.

Penalties for a first-degree assault conviction are severe. For a Class B felony, the potential sentence includes five to 15 years in prison. If the assault leads to a Class A felony charge, the convicted individual could face up to life in prison. Because of the high stakes, individuals charged with first-degree assault should seek legal representation immediately.

Second-Degree Assault: Causing Serious Injury or Using a Weapon

Second-degree assault occurs when someone intentionally causes serious physical injury to another person but without the intent to kill. This degree of assault also includes instances where a weapon is used to cause harm. According to Missouri law, using a weapon or dangerous instrument during the assault automatically elevates the charge to second-degree assault, even if the injury is not life-threatening.

Second-degree assault is typically charged as a Class D felony, punishable by up to seven years in prison and significant fines. However, the penalties can increase depending on the specifics of the case, such as the extent of the injuries or whether the assault involved a vulnerable victim, such as a child or elderly person.

Third-Degree Assault

Third-degree assault in Missouri covers a broad range of actions, including physical harm, threats, or reckless behavior that results in injury. Missouri Revised Statutes Section 565.054 defines third-degree assault as knowingly causing physical injury to another person, attempting to cause injury, or acting recklessly and causing injury. Third-degree assault is considered less severe than first- or second-degree, but it still carries legal consequences.

Third-degree assault is usually charged as a Class E felony if the victim suffers physical injury or a Class A misdemeanor if no injury occurs but a credible threat was made. A Class A misdemeanor conviction can result in up to one year in jail and fines, while a Class E felony can lead to a maximum of four years in prison. Although the penalties are less severe than first- or second-degree assault, being convicted of third-degree assault can still have a lasting impact on a person’s life.

Fourth-Degree Assault: Minor Physical Contact or Threats

Fourth-degree assault is the least serious assault charge in Missouri and generally involves minor physical contact or threats. Under Missouri law, fourth-degree assault occurs when a person attempts to cause physical harm, threatens harm, or engages in offensive physical contact without causing significant injury. These cases often arise from minor altercations, verbal threats, or situations where the alleged victim did not suffer serious physical harm.

Fourth-degree assault is typically charged as a Class A misdemeanor. If convicted, a person could face up to one year in jail and fines of up to $2,000. In some cases, the charge may be reduced to a lesser misdemeanor if the offense is considered very minor, but any assault conviction can still result in a criminal record, which can affect employment opportunities and personal relationships.

Defending Against Assault Charges in Missouri

If you are facing assault charges in Missouri, understanding the degree of the charge is crucial to building a defense. Different degrees of assault require different legal strategies, and the penalties vary greatly. Depending on the circumstances of your case, you may be able to argue self-defense, lack of intent, or that the allegations are exaggerated. For example, in some cases of third- or fourth-degree assault, it may be possible to demonstrate that the physical contact was accidental or that the alleged victim misinterpreted the situation.

Regardless of the degree of assault, it’s important to consult with an experienced criminal defense attorney as soon as possible. A skilled lawyer can help you understand the charges against you, explore potential defenses, and work to minimize the penalties you may face.

If you’ve been charged with any degree of assault in Missouri, don’t wait to seek legal help. Contact us today to discuss your case and learn more about your options for defending yourself in court.