Missouri takes domestic assault very seriously, and if you have been accused of such an offense, you should consider hiring a criminal defense attorney to protect your interests. Contrary to popular belief, domestic assault need not be a lover- offenses against roommates and even ex-lovers can be considered domestic. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
Domestic assault charges can arise when someone threatens, assaults, or otherwise commits an act of abuse against a family member or an unrelated household member. If it can be established that the offender and victim are in a domestic relationship, and the traditional elements of an assault are met, someone may be charged and convicted of domestic assault. Even if the victim does not wish to press charges, police may nonetheless make an arrest and charge someone with domestic assault.
Domestic Victim
Missouri law provides that if the victim of an assault shares a domestic relationship with their attacker, enhanced domestic violence charges may apply. Domestic victims include current/ former spouses, current or former cohabitants (roommate), current or former intimate partner (even a tinder hook-up), relatives by blood or marriage, or a co-parent. Because of this broad classification, often times domestic charges come as a surprise to someone who is being charged.
Assault
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
The severity level of domestic assault charges varies on the nature of the assault, considering factors such as whether there was a weapon used in the assault, and the extent of the injuries to the victim. Domestic assault is punished more severely than regular assault, because of the special relationship between the victim and the attacker.
Domestic Assault in the Fourth Degree
This level of charge arises when there is a domestic victim who has been caused recklessly physical injury, or negligently by means of a dangerous weapon. This can also include placing the victim in fear of immediate physical injury, an offensive touching, or even isolating the victim’s access to help (such as taking their phone or computer). Domestic assault in the fourth degree is the least severely punished and is a Class A Misdemeanor, carrying a maximum fine of $2,000, and a potential one year jail sentence. However, if someone has two or more prior domestic violence-related offenses, they may be charged with a Class E Felony.
Domestic Assault in the Third Degree
Domestic assault in the third degree is charged when someone attempts to cause physical injury or knowingly causes a physical injury to a domestic victim. Domestic assault in the third degree is charged as a Class E Felony, which carries up to four (4) years in prison and a maximum fine of $10,000.
Domestic Assault in the Second Degree
Domestic assault in the second degree is charged when someone knowingly causes physical injury by any means. Specifically, when there is a deadly weapon or strangulation involved. This charge can also apply if someone recklessly causes serious physical injury, or causes physical injury with a deadly weapon against a domestic victim. Domestic assault in the second degree is a Class D Felony, carrying a sentence of up to seven (7) years in prison and a maximum fine of $10,000.
Domestic Assault in the First Degree
This charge applies when someone knowingly inflicts serious injury or attempts to seriously injure or kill a domestic victim. Domestic assault in the first degree is the highest severity level, and is charged as a Class B Felony, carrying five (5) to fifteen (15) years in prison. In certain circumstances, such an offense may even yield a Class A Felony charge, which carries ten (10) to thirty (30) years, to life in prison.
The Takeaway
Despite a grim outlook, it is not impossible to beat a domestic assault charge in Missouri. 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 plea bargain or make a case for 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 are in jeopardy of having your Missouri Drivers License suspended, 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.
