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Missouri Assault Laws, Penalties & Defense

Assault Missouri

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. Timothy Brown handles all types of assault charges so let him put his experience to work for you. The Missouri laws on assaults changed on January 1, 2017.  If the alleged crime occurred before that date, the laws in effect at that time must be used and if the alleged crime occurred on or after that date, different laws are in effect.

Domestic Assault Missouri

Have you been charged with domestic assault? Contact an attorney with experience defending people charged with domestic assault. Domestic assault charges can be felonies or misdemeanors depending on various factors and how the prosecutor files the charges. Domestic Assault may be filed as a first, second, third or fourth-degree offense.

The law changed significantly on January 1, 2017, so a different law applies for offenses that are alleged to have occurred prior to January 1, 2017, then those alleged to have occurred on or after January 1, 2017.

Tim Brown

Law Office of Timothy R. Brown

Tim Brown is a criminal and DWI lawyer in Springfield, MO and former assistant prosecuting attorney at the Greene County Prosecutors’s Office. Tim is listed among the Nation’s Top 1% of Attorneys by the National Association of Distinguished Counsel. Attorney Tim Brown has been recognized as a Top 40 Under 40 Trial Lawyer in Criminal Defense in Missouri by the National Trial Lawyers and the American Society of Legal Advocates. He has also been given a Superb Rating and rated a Top Attorney in DUI and Criminal Defense by AVVO.

1st Degree Assault Missouri

1st Degree Assault Missouri After January 1, 2017

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 assault 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 utility worker, a cable worker or an employee of a mass transit system.

1st Degree Assault Missouri Prior to January 1, 2017

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.

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2nd Degree Assault Missouri

2nd Degree Assault Missouri After January 1, 2017

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 the 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.

2nd Degree Assault Missouri Prior to January 1, 2017

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 the 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.

Contact the Law Office of Timothy R. Brown for help with 2nd-degree assault charges in Missouri. Tim is a former prosecutor and knows exactly what you’ll be facing from the prosecution when you step into court.

3rd Degree Assault Missouri

3rd Degree Assault Missouri After January 1, 2017

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 person. 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 below], in which case it is a class D felony.

3rd Degree Assault Missouri Prior to January 1, 2017

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 section 475.010, 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.

Get help with a 3rd degree assault charge in Missouri.

Contact the office of Timothy Brown today for a free case review.

4th Degree Assault Missouri

4th Degree Assault Missouri After January 1, 2017

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.

4th degree assault is a serious charge, get the help you need.

Contact the Law Office of Timothy R. Brown today.

What is a Missouri Assault Special Victim?

Have you been charged with, or arrested for, assault on a law enforcement officer? The law has changed significantly depending on if the alleged crime was prior to January 1, 2017, or on or after that date. For allegations of crimes where the alleged crime occurred on or after January 1, 2017, the following law is in effect.

Missouri Assault Special Victim After January 1, 2017

Missouri Revised Statute 565.002

565.002 defines the term as any of the following: (a) A law enforcement officer assaulted in the performance of his or her official duties or as a direct result of such official duties; (b) Emergency personnel, any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician, assaulted in the performance of his or her official duties or as a direct result of such official duties; (c) A probation and parole officer assaulted in the performance of his or her official duties or as a direct result of such official duties; (d) An elderly person; (e) A person with a disability; (f) A vulnerable person; (g) Any jailer or corrections officer of the state or one of its political subdivisions assaulted in the performance of his or her official duties or as a direct result of such official duties; (h) A highway worker in a construction or work zone as the terms “highway worker”, “construction zone”, and “work zone” are defined under section 304.580; (i) Any utility worker, meaning any employee of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned, while in the performance of his or her job duties, including any person employed under a contract; (j) Any cable worker, meaning any employee of a cable operator, as such term is defined in section 67.2677, including any person employed under contract, while in the performance of his or her job duties; and (k) Any employee of a mass transit system, including any employee of public bus or light rail companies, while in the performance of his or her job duties; For crimes that allegedly occurred prior to January 1, 2017, the following statute is in effect: Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker, utility worker, cable worker, or probation and parole officer in the second degree, definition, penalty.

Missouri Assault Special Victim Prior to January 1, 2017

Missouri Revised Statute 565.082

1. A person commits the crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer in the second degree if such person:

  1. Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer by means of a deadly weapon or dangerous instrument;
  2. Knowingly causes or attempts to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer by means other than a deadly weapon or dangerous instrument;
  3. Recklessly causes serious physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer; or
  4. While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle or vessel in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer;
  5. Acts with criminal negligence to cause physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer by means of a deadly weapon or dangerous instrument;
  6. Purposely or recklessly places a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer in apprehension of immediate serious physical injury; or
  7. Acts with criminal negligence to create a substantial risk of death or serious physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer.

2. As used in this section, “emergency personnel” means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), (17), and (18) of section 190.100. 3. As used in this section the term “corrections officer” includes any jailer or corrections officer of the state or any political subdivision of the state. 4. When used in this section, the terms “highway worker”, “construction zone”, or “work zone” shall have the same meaning as such terms are defined in section 304.580. 5. As used in this section, the term “utility worker” means any employee while in performance of their job duties, including any person employed under contract of a utility that provides gas, heat, electricity, water, steam, telecommunications services, or sewer services, whether privately, municipally, or cooperatively owned. 6. As used in this section, the term “cable worker” means any employee, including any person employed under contract of a cable operator, as such term is defined in section 67.2677. 7. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer in the second degree is a class B felony unless committed pursuant to subdivision (2), (5), (6), or (7) of subsection 1 of this section in which case it is a class C felony. For any violation of subdivision (1), (3), or (4) of subsection 1 of this section, the defendant must serve mandatory jail time as part of his or her sentence.

1st Degree Domestic Assault Missouri

1st Degree Domestic Assault Missouri After January 1, 2017

1st Degree Domestic Assault: The highest level of domestic assault is a class B felony however if in the course of the domestic assault the defendant inflicts serious physical injury on the victim, this offense is a class A felony.

1st Degree Domestic Assault Missouri Before January 1, 2017

1st Degree Domestic Assault: First-degree domestic assault may be charged as a class B felony or in some cases a class A felony. Missouri Revised Statute 565.072 discusses the difference.

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2nd Degree Domestic Assault Missouri

2nd Degree Domestic Assault Missouri After January 1, 2017

2nd Degree Domestic Assault: This offense is a class D felony.

2nd Degree Domestic Assault Missouri Before January 1, 2017

2nd Degree Domestic Assault: Missouri Revised Statute 565.073 is the statute for second-degree assault. This charge is a class C felony and carries a range of punishment of up to seven-year term of imprisonment. Starting January 1, 2017, a new classification for felonies will exist and the class C felony of Domestic Assault in this paragraph will become a class D felony.

Speak with an attorney about your 2nd degree domestic assault charge in Missouri.

The Law Office of Timothy R. Brown is here to help. 

3rd Degree Domestic Assault Missouri

3rd Degree Domestic Assault Missouri After January 1, 2017

3rd Degree Domestic Assault: Third-degree domestic assault is a class E felony.

3rd Degree Domestic Assault Missouri Before January 1, 2017

3rd Degree Domestic Assault: Missouri Revised Statute 565.074 is the statute for third-degree assault. This charge is a class A misdemeanor unless certain conditions are met regarding prior charges in which case it could be filed as a class D felony. Consult with a lawyer that focuses on criminal cases to understand the difference. A class A misdemeanor carries a punishment of up to one year in jail and/or a fine of up to $1,000. Usually, classes designed to prevent future conduct, such as anger management, are required. A class D felony carries with it up to a four-year term of imprisonment. Starting January 1, 2017, a new classification for felonies will exist and the class D felony of Domestic Assault in this paragraph will become a class E felony.

3rd degree domestic assault is a serious problem.

Know your options, get the help you need.

4th Degree Domestic Assault Missouri

4th Degree Domestic Assault Missouri After January 1, 2017

4th Degree Domestic Assault: Fourth-degree domestic assault is a class A misdemeanor unless the person has been found guilty of the offense of domestic assault two or more times, in which it is a class E felony.  

4th degree domestic assault help when you need it.

Don’t wait, the time is now to get help.