Domestic Assault

Being Charged with Domestic Assault in Missouri: What You Need to Know

Being charged with domestic assault in Missouri is a serious matter that can have significant legal, personal, and social consequences. Domestic assault refers to the act of causing harm, or attempting to cause harm, to a family or household member. In Missouri, the legal system treats domestic assault offenses with particular attention, given the impact they have on families and communities.

What is Domestic Assault?

Domestic assault occurs when a person intentionally or recklessly causes physical injury to, or places in fear of harm, a family or household member. In Missouri, family or household members include spouses, ex-spouses, people with children together, people in intimate relationships, or those who live together.

Missouri law outlines several degrees of domestic assault, with penalties varying depending on the severity of the offense and the circumstances surrounding the incident.

Degrees of Domestic Assault in Missouri

1. Domestic Assault in the Fourth Degree (RSMo 565.076)
   • This is the least severe domestic assault charge and is classified as a Class A misdemeanor.
   •  A person may be charged with this offense if they attempt to cause or recklessly cause physical injury to a family or household member or threaten harm that reasonably places that family or household member in apprehension of immediate physical injury by any means.
   • Penalties can include up to 1 year in jail and/or a $2,000 fine.
2. Domestic Assault in the Third Degree (RSMo 565.074)
   • This charge applies when someone attempts to cause physical injury or knowingly causes physical pain or illness. 
   • Domestic Assault in the Third Degree is a Class E felony, punishable by 1 to 4 years in prison and/or a $10,000 fine.
3. Domestic Assault in the Second Degree (RSMo 565.073)
   • This charge applies when someone knowingly causes physical injury to a family or household member or recklessly causes serious physical injury, or recklessly causes physical injury to the domestic victim by means of a deadly weapon.
   • Domestic assault in the second degree is a Class D felony, punishable by 1 to 7 years in prison and/or a $10,000 fine.
4. Domestic Assault in the First Degree (RSMo 565.072)
   • This is the most serious charge and applies when someone intentionally causes serious physical injury to a family or household member, or uses a deadly weapon to cause injury.
   • It is a Class B felony, unless there is actual serious physical injury inflicted, in which case it would be a Class A felony.
   • A Class B felony is punishable by 5 to 15 years in prison.
   • A Class A felony is punishable by 10 to 30 years, or life in prison.

Defenses Against Domestic Assault Charges

If you are charged with domestic assault in Missouri, there are several potential defenses that may be used in your case, including:

• Self-Defense: If you acted to protect yourself or someone else from imminent harm, this could be a valid defense.
• False Allegations: If the charge is based on false or exaggerated claims, this can be a strong defense, especially if there is evidence that contradicts the accuser’s story.
• Lack of Intent: If you did not intentionally or recklessly cause harm, it may be possible to argue that the injury was accidental or unintentional, thereby lowering the classification of the crime and the associated punishment.
• Insufficient Evidence: In some cases, a lack of physical evidence or witness testimony can lead to a dismissal or reduced charges.

Importance of Legal Representation

Being charged with domestic assault can have lasting impacts on your future, including criminal convictions, custody battles, and damage to your reputation. If you’re facing domestic assault charges in Missouri, it’s crucial to seek experienced legal counsel. A criminal defense attorney can help navigate the complexities of Missouri’s domestic assault laws, explore possible defenses, and work to achieve the best possible outcome in your case.

Domestic assault is treated seriously in Missouri, and even a misdemeanor conviction can have long-term consequences, such as the loss of your right to own a firearm. With the right legal help, you can protect your rights and work toward resolving your case in the most favorable way possible. Call our office today to schedule a free consultation.