If you’ve been arrested or charged with assault charges in Missouri, you have the right to a criminal defense attorney. In the state of Missouri, assault charges are a serious crime and if found guilty you could potentially face jail time. Knowing your rights, the laws, and how a Missouri criminal defense attorney can help you, are vital components to making sure you win your case.
Missouri Assault Laws
Assault charges can occur in many situations and are categorized by the seriousness of the offense. The following list illustrates what acts are considered to be a 1st, 2nd, or 3rd degree assault charge and the penalties faced for each particular crime.
1st Degree Assault
Ist Degree Assault (Class B Felony) is defined as the attempt to kill someone or attempting or knowling causing the serious physical injury of a person or persons.
If you have been arrested and convicted of assault in the 1st degree, you could face anywhere from 5-30 years in prison.
2nd Degree Assault
A charge for assault in the 2nd degree ( Class C Felony) means that the prosecution believes you have committed at least one of the following offenses:
- Reckless causing harm to a person by discharge of a firearm.
- Knowingly attempts to kill or seriously injure another person under the influence of passion rising or an adequate cause.
- Attempting to or knowingly causing injury to another person by use of a deadly weapon.
- While driving under the influence, causes physical injury to any other person then himself.
If you are charged and found guilty of 2nd Degree Assault in Missouri, you could face 5-15 years in prison.
3rd Degree Assault
You could face a charge in the 3rd degree for assault (Class C or Class A misdemeanor) for any of the following reasons:
- Recklessing causing or attempting to physically injure another person.
- Causing physical contact with someone who is incapacitated.
- Threatening or placing someone in fear of immediate physical injury.
- Causing injury to another individual with reckless use or criminal negligence of a weapon.
- Engaging in behavior which could result in a serious injury or death.
- Knowingly causing offensive or inappropriate physical interaction with another person.
If you are facing a 3rd Degree assault charge and this is your fist offense, the penalty in Missouri is 15 days in jail and $500 in fines. If this is not your first assault offense, a 3rd Degree assault can be charged as a Class A misdemeanor which carries additional fines and up to one year in jail.
As you can see, there are various factors that can play into how the courts determine an assault charge, because of these factors, there are many components that can help to decrease or even eliminate the charges filed against you. Fight against any assault charges in Missouri with a criminal defense attorney that understands the Missouri assault laws and has years of experience in this particular area.
If you have been arrested for or charged with assault in Missouri, contact your Missouri assault attorney today, for a free consultation. Let us help you win your case!