Assault can seem like a very vague term, but in Missouri, assault is defined as the act of inflicting physical harm or unwanted contact on a person. While assault charges can result in misdemeanors, felony assault charges are a lot more serious and are the result of serious physical injury.
FELONY ASSAULT STATUTE
According to the MO Rev Statute Title XXXVIII. Chapter 565.050 a person commits assault in the first degree if:
(1) 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.
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.
- 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.
- 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 under section 565.002, in which case it is a class B felony.
PENALTY OF CONVICTION
Convictions for assault felony charges can differ. A person can be imprisoned for up to 5-15 years on a class B felony, 7+ years for a class D felony, and 4+ years for a class E felony. Convictions can also result in fines up to $10,000 due to the severity of the crime.