Assault in Missouri

Many of us have heard the term “assault” and already have a general idea of what that term means, but do you know what defines the difference in classes of assault as far as the law sees it in Missouri?   An experienced criminal defense attorney can help explain the differences in possible outcomes depending on the crime that has been alleged to have occurred.

First-Degree Assault

The assault would be considered to be first-degree if the attacker, knowingly in advance, attempts to kill or attempts to cause serious physical injury to another person.  In general, first-degree assault is a Class B felony which can escalate to a Class A felony if the victim is any of the following:

• An officer of the law
• Emergency personnel
• A probation or parole officer
• An elderly person (defined as 60 or older)
• A person with a disability
• A vulnerable person (defined as a person who is in the custody, care, or control of the Department of Mental Health)
• A correctional officer
• A highway worker in a work zone
• A utility worker on the job
• A cable operator
• A mass transit worker

Second-Degree Assault

There are four ways in which this type of crime would be classified as a second-degree assault:

• Attempting to kill or cause serious physical injury to another person due to passion of adequate cause
• Attempting to cause any physical injury to another person via the use of a deadly weapon or a dangerous instrument
• Recklessly causing serious physical injury to another person
• Recklessly causing any physical injury to another person by means of a firearm being discharged

In the case of the first scenario, it is the defendant’s burden to prove that the passion that arose was such that it would have caused a reasonable person to act spontaneously, as opposed to having pre-meditated the assault. If that burden of proof is not fulfilled, the crime would be classified as a first-degree assault.  These crimes are all Class D felonies which can be escalated to a Class B felony if the victim comes from the list given above.

Third-Degree Assault

In the case of the first scenario, it is the defendant’s burden to prove that the passion that arose was such that it would have caused a reasonable person to act spontaneously, as opposed to having pre-meditated the assault. If that burden of proof is not fulfilled, the crime would be classified as a first-degree assault.  These crimes are all Class D felonies which can be escalated to a Class B felony if the victim comes from the list given above.

Fourth-Degree Assault

These crimes actually have the most scenarios involved that would be classified as fourth-degree.

• Attempting to cause or recklessly causing physical injury, physical pain, or the illness of another person
• Negligently causing physical injury to another person by means of a firearm being discharged
• Threatening to cause immediate physical injury to another person
• Recklessly engaging in activities that create a substantial risk of death or serious physical injury to another person
• Knowingly causing or attempting to cause physical contact with a disabled person that a person who is not disabled would find offensive or provocative
• Knowingly causing physical contact with another person, with the knowledge that said person would find the contact offensive or provocative

These crimes would be classified as Class C misdemeanors unless the victim of the assault was of a special circumstance as listed above. In that case, the crime would be escalated to a Class A misdemeanor.

Definitions

There are certain words bolded above that differentiate the various levels of assault, so it is essential to know what these terms mean.

• Dangerous Instrument – any item or substance, which, used in the form that it is, could cause death or serious physical injury
• Deadly Weapon – any firearm (loaded or unloaded), any other item that shoots a projectile that could cause death or serious physical injury, a switchblade knife, a dagger, a billy club, a blackjack, or metal knuckles
• Knowingly – the person committing the crime is fully aware that what they are doing will cause a particular exact result
• Physical Injury – a slight impairment of any function of the body or the temporary loss of use of any part of the body
• Recklessly – Consciously disregarding a substantial risk where a reasonable person would use caution
• Serious Physical Injury – Physical injury that causes a substantial risk of death or that causes the severe disfigurement or impairment of the use of any part of the body

Which type of assault is it?

Assault charges are very serious and are best handled alongside a team of competent criminal defense attorneys.  Twibell Pierson Criminal Law will be by your side if you find yourself being charged with assault.  The sooner you discuss your options with a lawyer; the brighter your future will be.