Springfield Assault Lawyer
If you’re charged with assault, regardless of degree, you need an experienced attorney at your side. Being found guilty can have a negative impact on your life in many ways, including your ability to find a job.
The attorneys at MRD Lawyers have over 18 years of combined experience as prosecutors and over 35 years of combined legal experience. They understand all levels of assault charges — both misdemeanors and felonies — and can help you find the best possible outcome to your situation.
Assault is generally defined as intentionally trying to kill or harm someone. The type of charge made against you depends on whether the harm was intentional, accidental or reckless. Sentences for assault can vary greatly. It’s imperative you have an experienced legal team in your corner.
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
According to MO Rev Statute, Title XXXVIII. Chapter 565.056, a person is guilty 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.
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
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.
Contact our office today for a consultation on how best to proceed with your case.
WHAT OUR CLIENTS SAY ABOUT US
This law firm is outstanding. Quick to make an appointment and very helpful on the situation I’m going through. I highly recommend MRD lawyers. Very professional and informative. Don’t hesitate to give them a call! They are awesome!
Matt Russell and staff are Down to earth, genuine human beings who made me feel like they really cared about my individual case. Matt made a lasting impact on my life with the results he was able to provide. Very satisfied client; highly recommend.
Matt Russell and his staff are truly amazing. I am so happy to have Matt helping us. He is very honest, caring and has been so helpful with everything. I am so glad that I found Matt. He is very genuine and over all a good guy to have on your side.
Matt and his team exceeded my expectations in every way. Legal issues are in no way pleasant but I was made to feel well-represented, informed and respected during the entire process.
Tim & Anamei
I hired Russel Dempsey for my DWI case and from the beginning he was very professional and easy to deal with. He was able to break everything down for me and basically tell me how things would go. It was the first time I was in trouble with the law and he helped me understand what was going on and could answer any question I had. I received the news today after two longs years of my case being drug out (not Russel’s fault) that my case has been dropped. I 100% recommend him and his practice.
Where do I start? I thought I was going to have to plead guilty!! That was over a year ago. Fast forward to today and I just got news that case was dismissed!!! If it was not for the diligence and expertise of Matt Russell that would not have happened. The staff is always super friendly and great at sending reminders for all court dates etc. Nobody wants to go to court, but if you do you want it to go as smoothly as possible and you want to be represented by the best....and that's MRD lawyers.
Matthew was awesome! He was able to take care of my ticket and he was very responsive with all my inquiries. I would recommend MRD Lawyers to anyone who’s having any legal troubles.
Can't say enough good things about Matt Russell. Very professional and gets things done. Very friendly and just awesome all around if you go anywhere else your wasting your time and money. Thank you again Matt you freaking Rock man!!!
Matthew is truly one of a kind. Definitely does not fit the stereotype of your typical lawyer. He has gone above and beyond to help out me and my family. . Will always be grateful to Matthew for the kindness he showed me
An extremely effective law firm that individualized my case, provided options and expectations and got results.
So I decided to do some research on the law firm,I discovered that they help with the overflow for the public defenders office.its nice to know that not all court appointed lawyers work for the state and I like companies who help those in there community.
I would highly recommend working with MRD Lawyers. Russell was extremely kind, knowledgeable, and understanding of my circumstances and helped explain everything to ensure that I understood my case and what my options were. I was pleasantly amazed every time we met to discuss where we were at and the next steps. I went into everything expecting the worst but Russell helped to calm my nerves and ensured that I received the best resolution to my case while also exceeding my expectations!
If you're here unfortunately you're in need of a lawyer... No need to look any further! Matthew works as hard as can be to get you the best possible outcome for your case!
Mr.Russell did such a good job with my case. I was amazed with how familiar he was with the judge and prosecutors, I mean that in a good way. I have never seen any lawyer make a judge laugh and it made me much more comfortable when he did. I owe a huge thanks to the whole firm for helping me, they were extremely responsive even when I was residing out of state. The communication system that they have with their emails and easy access was all around well organized and quick. Thanks Matt! God bless you guys.