Missouri classifies assault into different degrees based on the severity of the conduct and the harm caused:
- First-Degree Assault — Involves attempting to kill or knowingly causing or attempting to cause serious physical injury to another person.
- Second-Degree Assault — Typically involves causing physical injury through the reckless use of a deadly weapon, or injury caused while committing another crime.
- Third-Degree Assault — Generally involves causing physical injury to another person, often charged when the harm is less severe.
- Fourth-Degree Assault — Covers lower-level conduct, such as attempting to cause physical injury, or placing someone in apprehension of immediate physical harm, without necessarily causing injury.
The specific degree charged in your case can significantly affect your penalties, and prosecutors often overcharge assault cases in the early stages, only for the true facts to support a lesser offense — or no offense at all. This makes it essential to have an experienced Kansas City assault defense lawyer reviewing your case from the outset.
Criminal Penalties for Assault
The consequences of an assault conviction in Missouri vary significantly depending on the degree of the charge:
- First-Degree Assault is a felony, and if a deadly weapon was used or serious injury resulted, penalties can include life imprisonment in the most severe cases.
- Second-Degree Assault is also a felony, generally carrying a sentence of up to 15 years in prison, depending on the specific class assigned to the charge.
- Third-Degree Assault can be charged as either a misdemeanor or felony depending on the circumstances, with potential penalties including county jail time and fines.
- Fourth-Degree Assault is typically a misdemeanor, though it can be enhanced under certain circumstances, such as when the alleged victim is a special victim (e.g., a law enforcement officer, elderly person, or family/household member).
Beyond incarceration and fines, an assault conviction can carry lasting consequences, including a permanent criminal record, difficulty securing employment, restrictions on firearm ownership for felony convictions, and complications in family law matters such as child custody. When the alleged victim is a family or household member, assault charges may also be prosecuted as domestic violence, which can carry additional consequences, including protective orders.
Legal Defenses to Assault Charges
Assault cases often hinge on conflicting accounts of what actually happened, which creates important opportunities for a skilled defense attorney to challenge the prosecution's narrative. At Benjamin Law Firm, LLC, we thoroughly investigate every assault case to identify defenses that may apply, including:
- Self-defense. Missouri law permits individuals to use reasonable force to protect themselves from an imminent threat of harm, and in some cases, force used in self-defense is legally justified.
- Defense of others. Similar protections apply when a person uses reasonable force to protect another individual from harm.
- Lack of intent. Many assault charges require proof that the accused acted knowingly or purposely, and we examine whether the evidence truly supports this element.
- False or exaggerated allegations. Assault accusations sometimes arise from disputes involving conflicting motives, and we investigate the credibility and consistency of witness statements.
- Mistaken identity. In chaotic situations involving multiple people, it's not uncommon for the wrong person to be identified as the aggressor.
- Insufficient evidence of injury. Depending on the degree charged, the prosecution must prove the specific type and severity of harm involved, which isn't always clear-cut.
Because assault charges frequently involve competing versions of events, thorough investigation — including gathering witness statements, reviewing available video evidence, and scrutinizing police reports — is critical to building an effective defense.
When Self-Defense Becomes a Criminal Charge
One of the most common and misunderstood scenarios in assault cases involves individuals who were defending themselves or a loved one, only to find themselves facing criminal charges. Law enforcement doesn't always have the full picture when responding to a physical altercation, and it's not uncommon for the person who acted in self-defense to be the one arrested. If you were exercising your legal right to protect yourself or someone else, it's critical to have an attorney who can present the complete context of the incident to prosecutors and, if necessary, a judge or jury.
Assault Charges Involving Family or Household Members
When an assault allegation involves a spouse, partner, family member, or someone living in the same household, Missouri law may treat the case as domestic assault, which can carry distinct procedural and sentencing implications, including the possibility of a protective order being issued against you. These cases require a nuanced defense approach, as they often involve complicated family dynamics, conflicting accounts, and emotionally charged circumstances. Our firm has extensive experience navigating both the criminal and family law implications of these cases.
Why Choose Benjamin Law Firm, LLC
Since 2002, Benjamin Law Firm, LLC has defended clients throughout the Kansas City metro against assault charges ranging from misdemeanor altercations to serious felony allegations. Our founding attorney's background as a former public defender gives our team valuable insight into how prosecutors approach assault cases — and where their arguments are most vulnerable. We prepare every case as though it's headed to trial, giving us the leverage needed to pursue dismissals, reductions, or favorable resolutions on your behalf.
Frequently Asked Questions
Can assault charges be dropped if the alleged victim doesn't want to press charges?
Not necessarily. In Missouri, the decision to prosecute rests with the state, not the alleged victim. However, a victim's unwillingness to cooperate can influence how the prosecution proceeds and may create opportunities for a favorable resolution.
Is self-defense a valid legal defense in Missouri?
Yes. Missouri law allows individuals to use reasonable force to protect themselves or others from an imminent threat of harm. Whether self-defense applies depends on the specific facts of the incident, including whether the force used was proportional to the threat.
Can a misdemeanor assault charge become a felony?
Yes, in certain circumstances. Factors such as the use of a weapon, the severity of injury, or the status of the alleged victim (such as a law enforcement officer) can elevate an assault charge to a felony.
Will an assault conviction show up on a background check?
Yes. A conviction generally becomes part of your permanent criminal record and can appear on background checks conducted by employers, landlords, and licensing boards unless it's later expunged.
What is the difference between simple assault and aggravated assault?
Missouri law does not use the term "simple" or "aggated" assault. Instead, "simple" assault typically aligns with misdemeanor fourth-degree assault, while "aggravated" assault corresponds to felonies in the first, second, or third degree, which involve a deadly weapon, serious bodily harm, or a special victim.
Can I be charged with assault for just threatening someone?
Yes. Under Missouri’s fourth-degree assault statute (RSMo § 565.056), purposely placing another person in apprehension of immediate physical injury is a Class C misdemeanor. If you make a credible threat that causes someone to fear immediate harm, you can be criminally charged even if you never touch them.
Can an assault conviction be expunged from my record in Missouri?
Under Missouri's expungement law, misdemeanor assault convictions (fourth-degree) are generally eligible for expungement after a waiting period, provided you have met all conditions of your sentence. However, felony-level assault convictions involving physical injury or weapons are typically excluded from expungement eligibility.
Do I need a lawyer for a fourth-degree assault charge?
Yes. Even lower-level assault charges can carry lasting consequences, including a criminal record and potential jail time. An attorney can help you understand your options and work toward the best possible outcome.
To talk with a criminal defense lawyer about your situation, call (816) 323-3460, and someone from our team will follow up with you.
“This firm is very patient, courteous and professional.”“I am very satisfied with services rendered and would recommend to anyone with moving violations.”- Christopher W.
