ASSAULT

Assault

Assault can be a lot of different things. It can be very very minor, or incredibly serious and send you to prison for the rest of your life.

Here, in the state of Missouri, a slap on the back of the hand can be assault, if a person does it and you say, “Ow.” That would be a misdemeanor assault.

If someone hits you with a bat, very lightly, and you say, “Ow.” That could be felony assault. Even if there is no injury, even if there are no broken bones or bruises.

We have to look at the facts, determine the level of injury, and how it was caused. Each of these things can impact the level of the assault. That is why you need to hire a defense attorney who can look at the facts of a case, speak with the prosecutor, and potentially get the charges leveled down.

CLASS C MISDEMEANOR – ASSAULT IN THE FOURTH DEGREE

Many people know of the term “assault and battery,” however, in Missouri there is not a “battery” charge. Instead, an act of inflicting physical harm or unwanted physical contact (or the threat of which) is simply referred to as “assault” in Missouri. Assault in the fourth degree is the least ‘serious’ of the assault charges and is the only assault charge considered a misdemeanor.

MISDEMEANOR ASSAULT STATUTE

  565.056.   Assault in the fourth degree. —

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 under section 565.002, in which case a violation of such provisions is a class A misdemeanor.

PENALTY OF CONVICTION

In Missouri, Assault in the fourth degree is a Class A misdemeanor. Subsections 3 and 6 are a Class C misdemeanor unless the victim is a special victim (see section 14) in which case they too are considered Class A misdemeanors.  A conviction of a Class A misdemeanor carries a punishment of imprisonment for up to 1 year and/or fines of up to $2,000. Whereas a Class C misdemeanor includes imprisonment for up to 15 days and/or fines of up to $750.

FELONY ASSAULT STATUTE

 569.160.   Burglary in the first degree — penalty. —

1.  A person commits the offense of burglary in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure for the purpose of committing an offense therein, and when in effecting entry or while in the building or inhabitable structure or in immediate flight therefrom, the person or another participant in the offense:

  (1)  Is armed with explosives or a deadly weapon; or

  (2)  Causes or threatens immediate physical injury to any person who is not a participant in the crime; or

  (3)  There is present in the structure another person who is not a participant in the crime.

  2.  The offense of burglary in the first degree 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.

Contact our office today for a consultation on how best to proceed with your case.