VIOLENT OFFENSES

Being Charged with a Violent Crime in Missouri: What You Need to Know

Being charged with a violent crime in Missouri is a serious legal matter that can lead to significant consequences, including long prison sentences, heavy fines, and lasting damage to your reputation. Violent crimes involve the use of force or the threat of force against another person, and Missouri law treats such offenses with the utmost severity. Whether it’s assault, robbery, or homicide, a conviction for a violent crime can have profound and long-lasting effects.

Common Violent Crimes in Missouri

Missouri law defines several types of violent crimes, each with different degrees and penalties. Some of the most common violent crimes include:

1. Assault (RSMo 565.050 – 565.072)

   • Assault in Missouri can range from a simple threat of harm to causing serious physical injury. There are different degrees of assault based on the severity of the offense:
     • First-degree assault involves attempting to kill another person or knowingly causing or attempting to cause serious physical injury to another person. It is either a Class B felony, punishable by 5 to 15 years in prison, or Class A felony, punishable by 10 to 30 years or life in prison, depending on whether it was an attempt at serious physical injury or if serious physical injury actually occurred, respectively. (565.050)
     • Second-degree assault typically involves recklessly causing injury or using a dangerous instrument in a way that causes harm. It is a Class D felony, punishable by 1 to 7 years in prison. (565.052)
     • Third-degree assault involves knowingly causing physical injury without the use of a weapon and is a Class E felony, punishable by 1 to 4 years in prison. (565.054)
     • Fourth-degree assault involves attempting to cause or recklessly causing physical injury, physical pain, or illness to another person. It is typically a Class A misdemeanor, punishable by up to 1 year in jail. (565.056)

2. Robbery (RSMo 570.023 – 570.)

   • Robbery is the act of stealing property through the use of force, intimidation, or threats of violence. It can be classified as:
     • First-degree robbery involves using a deadly weapon or causing serious physical injury during the commission of the crime. This is a Class A felony, with a penalty of 10 to 30 years or life in prison. (570.023)
     • Second-degree robbery involves stealing property while using force and thereby causing physical injury to another person but without a deadly weapon. This is a Class B felony, punishable by 5 to 15 years in prison. (570.025)

3. Homicide (RSMo 565.020 – 565.030)

   • Homicide is the unlawful killing of another person, and Missouri law distinguishes between different types:
     • First-degree murder involves knowingly causing the death of another person after deliberation upon the matter. It is a Class A felony, and the penalty can be life in prison or death. (565.020).
     • Second-degree murder involves knowingly causing the death of another person. It is a Class A felony, carrying a sentence of 10 to 30 years in prison. (565.021)
     • Voluntary Manslaughter occurs when someone knowingly causes the death of another person but under sudden passion that arises from adequate cause. This is typically a Class B felony, punishable by 5 to 15 years in prison. (565.023)
     • Involuntary Manslaughter in the First Degree involves recklessly causing the death of another person. It is a Class C felony, punishable by 3 to 10 years in prison. (565.024).
     • Involuntary Manslaughter in the Second Degree occurs when someone acts with criminal negligence which causes the death of another person. It is a Class E felony, punishable by 1 to 4 years in prison. (565.027).

Defenses Against Violent Crime Charges

If you are charged with a violent crime in Missouri, several defenses may be available depending on the specifics of your case. Some potential defenses include:

• Self-Defense/Defense-of-Another: If you were defending yourself or someone else from imminent harm, you may have a valid self-defense/defense-of-another claim.
• False Accusations: If the charge against you is based on a false or mistaken identification, or the alleged victim is lying, this can serve as a defense.
• Lack of Intent: For some violent crimes, proving that the defendant did not intend to cause harm (for example, if the act was accidental) can be an effective defense.
• Insufficient Evidence: If the prosecution cannot prove your guilt beyond a reasonable doubt, the charges may be reduced or dismissed.
• Mistaken Identity: Involves challenging the identification of the accused. The prosecution has the burden of establishing this to the jury beyond a reasonable doubt.

Importance of Legal Representation

Being charged with a violent crime in Missouri is a serious matter with potentially life-altering consequences. If you are facing charges, it is crucial to seek the help of an experienced criminal defense attorney who can assess the details of your case, advise you on your options, and develop an effective defense strategy.

A violent crime conviction can result in lengthy prison sentences, substantial fines, and long-term effects on your personal and professional life. Legal counsel is essential to ensure that your rights are protected, and you have the best possible chance of a favorable outcome. Whether you are facing assault, robbery, homicide, or any other violent crime charge, understanding your legal options and building a strong defense is critical to your future. Call my office today for a free case consultation.