Springfield Missouri Assault Attorney

Murder Assault Defense

Springfield, Missouri Assault Defense Lawyer

Have you been charged with, or arrested for, assault?

If you've been charged or arrested for assault, contact a defense lawyer that is a former Prosecuting Attorney. Whether you've been charged with first, second, or third degree assault, we're here to help. Our attorney handles all types of assault charges so let him put his experience to work for you.

TYPES OF ASSAULT CHARGES FOR OFFENSES ALLEGED TO HAVE OCCURRED ON OR AFTER JANUARY 1, 2017:

1st Degree Assault (Missouri Revised Statute 565.050): 1. A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person., 2. The offense of assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, or if the victim of such asssault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class A felony. NOTE: The term "special victim" is new to the criminal code. A "special victim" is any of the following: a law enforcement officer, emergency personnel, a probation and parole officer, an elderly person, a person with a disability, a vulnerable person , a jailer or corrections officer, a highway worker, a utiltiy worker, a cable worker or an employee of a mass transit system. 2nd Degree Assault (Missouri Revised Statute 565.052): 1. A person commits the offense of assault in the second degree if he or she: (1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or (2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or (3) Recklessly causes serious physical injury to another person; or (4) Recklessly causes physical injury to another person by means of discharge of a firearm. 2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. The offense of assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined [above], in which case it is a class B felony. 3rd Degree Assault (Missouri Revised Statute 565.054): 1. A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another perosn. 2. The offense of assault in the third degree is a class E felony, unless the victim of such assault, is a special victim [as defined above], in which case it is a class D felony. 4th Degree Assault (Missouri Revised Statute 565.056): 1. A person commits the offense of assault in the fourth degree if: (1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person; (2) With criminal negligence the person causes physical injury to another person by means of a firearm; (3) The person purposely places another person in apprehension of immediate physical injury; (4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; (5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or (6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative. 2. Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor. 3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined [above], in which case a violation of such provisions is a class A misdemeanor. The following links apply: 565.050, 565.052, 565.054, 565.056 FOR OFFENSES ALLEGED TO HAVE OCCURRED PRIOR TO JANUARY 1, 2017: 1st Degree Assault (Missouri Revised Statute 565.050): A person commits the crime of assault in the first degree if he attempts to kill or knowingly causes or attempts to cause serious physical injury to another person. 2nd Degree Assault (Missouri Revised Statute 565.060): 1. A person commits the crime of assault in the second degree if he: (1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or (2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or (3) Recklessly causes serious physical injury to another person; or (4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself; or (5) Recklessly causes physical injury to another person by means of discharge of a firearm; or (6) Operates a motor vehicle in violation of subsection 2 of section 304.022, and when so operating, acts with criminal negligence to cause physical injury to any person authorized to operate an emergency vehicle, as defined in section 304.022, while such person is in the performance of official duties. 2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. Assault in the second degree is a class C felony. 3rd Degree Assault (Missouri Revised Statute 565.070): 1. A person commits the crime of assault in the third degree if: (1) The person attempts to cause or recklessly causes physical injury to another person; or (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or (3) The person purposely places another person in apprehension of immediate physical injury; or (4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or (5) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or (6) The person knowingly causes physical contact with an incapacitated person, as defined in section475.010, which a reasonable person, who is not incapacitated, would consider offensive or provocative. 2. Except as provided in subsections 3 and 4 of this section, assault in the third degree is a class A misdemeanor. 3. A person who violates the provisions of subdivision (3) or (5) of subsection 1 of this section is guilty of a class C misdemeanor. 4. A person who has pled guilty to or been found guilty of the crime of assault in the third degree more than two times against any family or household member as defined in section 455.010 is guilty of a class D felony for the third or any subsequent commission of the crime of assault in the third degree when a class A misdemeanor. The offenses described in this subsection may be against the same family or household member or against different family or household members.

 

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