Fourth-degree assault is generally considered a misdemeanor, but a conviction can still carry serious consequences—including jail time, fines, and a permanent criminal record. Here’s what you need to know about this crime and whether you need a lawyer to represent you.
Legal Definition of Fourth-Degree Assault
Someone commits fourth-degree assault if they:
- Attempt to cause or recklessly cause physical injury, pain, or illness to another person;
- With criminal negligence, cause physical injury to another person by means of a firearm;
- Purposely place another person in apprehension of immediate physical injury;
- Recklessly engage in conduct that creates a substantial risk of death or serious physical injury to another person;
- Knowingly cause physical contact with another person, knowing the other person will regard the contact as offensive or provocative; or
- Knowingly attempt to cause or cause physical contact with an incapacitated person that a reasonable person would consider offensive or provocative.
This statute is broad, giving prosecutors a range of options when someone’s behavior falls short of more violent or severe assaults. However, the broad scope also means that people can find themselves charged in situations they may not realize were criminal at all.
Here are a few examples of situations that could result in a fourth-degree charge in Missouri:
- Shoving someone during a heated argument, even if no injury results
- Making a threatening gesture or statement that causes another person to fear being hurt
- Recklessly throwing an object in a crowded space that could have injured someone
- Touching someone in a way that is clearly meant to provoke, insult, or offend them
- Making physical contact with a vulnerable or incapacitated person in an offensive or provocative way
Many of these scenarios may seem minor at first glance. Unfortunately, the legal consequences can be serious. An emotional reaction can easily escalate into a criminal case.
Penalties for Fourth-Degree Assault
In most cases, fourth-degree assault is a Class C misdemeanor. If convicted, you could face:
- Up to 15 days in jail
- A fine of up to $750
- Probation, community service, anger management classes, or other court-ordered conditions
However, the charge can be elevated to a Class A misdemeanor if the alleged victim falls into specific categories, such as:
- Law enforcement officers
- Emergency personnel
- Elderly or disabled individuals
- Public transit workers
- School officials or teachers
Class A misdemeanors can be punished by up to a year in jail and a fine of up to $1,000.
Beyond jail time and fines, a conviction can have significant collateral consequences. A criminal record can negatively impact your employment opportunities, professional licensing, housing applications, child custody matters, and immigration status. Even if you manage to avoid serving time, a permanent criminal record can continue to affect your personal and professional life for years to come.
Defenses to Fourth-Degree Assault
There are several legal defenses that may apply depending on the facts of your case. Common defenses include:
- Self-defense: If you acted to protect yourself or someone else from harm, you may be justified in using force.
- Lack of intent: Many assault charges require that the action was intentional or reckless. If the contact was accidental, it may not rise to the level of assault.
- No credible threat or injury: If the alleged victim was not truly placed in fear or no offensive contact occurred, the charge may not hold.
- Mistaken identity: In some cases, people are mistakenly identified as the aggressor.
A skilled criminal defense attorney can help investigate the facts and identify any weaknesses in the case against you. Don’t try to handle the case on your own—even though it’s a misdemeanor, the penalties can be life-altering.
Talk to a Criminal Defense Attorney Today
If you’ve been charged with fourth-degree assault, contact Travis Noble, P.C. today to learn how we can help.