In Missouri, the criminal offense of Assault can be prosecuted as a felony or misdemeanor, depending on the severity of the injuries and/ or the nature of the assault. In this article, I will explain the elements of the crime, potential defenses, and the maximum penalties for the different severity levels of the offense. For a free consultation with a criminal defense attorney, contact The Law Offices of Benjamin Arnold by calling (913) 777-HELP, or visiting kcdui.com.
Elements of the Offense
There are a variety of Assault offenses in Missouri, which are charged on the severity of the conduct/ injury, and in certain situations, the relationship between the victim and the defendant. In general, assault occurs when someone causes, or attempts to cause a physical injury or offensive contact to another person. Of note, someone cannot consent to an assault because it is a crime. Because the elements are fairly straightforward, I will primarily discuss them as they relate to the severity level of the offense.
Severity of the Offense
This is not an exhaustive list, but does encompass some of the most common ways Assault is charged in Missouri. It is important to note that Assault is a criminal offense which can often be plead to a lesser degree, but you should consult with a Missouri criminal defense attorney on this.
Assault in the fourth degree
A person commits fourth degree assault when they attempt to cause, or recklessly injury another person. There are many ways which this can be established, including engaging in conduct which creates a substantial risk of serious harm. Generally, assault in the fourth degree will be charged as a Class A Misdemeanor, carrying a potential sentence of one (1) year in jail, and/ or a fine of up to $2,000. However, it may be charged as a Class C Misdemeanor if the offender only places the victim in fear of offensive conduct, or only touches, but does not injure the victim. A Class C Misdemeanor carries a maximum penalty of fifteen (15) days in jail, and a fine of up to $700.
Assault in the third degree
A person commits assault in the third degree if they knowingly cause physical injury to another person. This severity level of assault is typically charged as a Class E Felony, which carries a maximum sentence of two (2) years in prison. However, if the victim of the assault is a “special victim” it may be charged as a Class D Felony, with a maximum punishment of four (4) years in prison.
Assault in the second degree
This level of assault is charged when the assault involves a deadly weapon or dangerous instrument, or if it is shown that there was an attempt to kill or cause serious bodily injury with adequate provocation. Assault in the second degree is a Class D Felony carrying a maximum of seven (7) years in prison, unless the victim is a “special victim”, in which case it will be a Class B Felony, punishable by not less than five (5) years nor more than ten (10) years in prison.
Assault in the first degree
Assault in the first degree is the most serious assault charge, and occurs when someone attempts to cause serious bodily injury or kill another person (without adequate provocation). This type of assault is charged as a Class B Felony, but can be charged as a Class A Felony, carrying ten (10) years to life in prison if there is a “special victim”.
Domestic Assault
Missouri views an assault as more severe when there is a “domestic victim” involved in the offense. Because there are many levels of domestic assault, this is a topic worth of its’ own blog post. For information on domestic offenses, check out POST.
The Takeaway
Despite a grim outlook, it is not impossible to beat a criminal Assault charge. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
