Domestic assault can lead to felony charges, depending on the specific situation. You can better defend yourself when you know how Missouri classifies these offenses and what penalties you might face if convicted.
How Missouri Defines Domestic Assault
Domestic assault occurs when someone knowingly causes or attempts to cause physical injury to a domestic partner. Under Missouri law, a “domestic partner” includes:
- Spouse or ex-spouse
- Current or former dating partner
- Someone you live with or used to live with
- Someone you share a child with
The Missouri statutes divide domestic assault into four degrees, ranging from a Class A misdemeanor to a Class A felony. The degree of the charge depends on the alleged harm and your prior record.
Fourth-Degree Domestic Assault
Fourth-degree domestic assault is the least serious charge. This usually applies to first-time offenses involving minor or attempted physical harm, threats, or offensive physical contact. It is normally a Class A misdemeanor.
Examples include:
- Recklessly causing physical injury
- Negligently injuring someone with a deadly weapon
- Placing someone in fear of immediate physical injury
- Touching someone offensively or provocatively
If you have a prior domestic assault conviction, however, a new fourth-degree charge can be upgraded to a Class E felony, which carries a maximum prison sentence of four years.
Third-Degree Domestic Assault
Third-degree domestic assault applies when you knowingly cause physical injury to a domestic partner. This charge is classified as a Class E felony, even for a first offense. Convictions generally require clear evidence of bodily harm, like bruises, cuts, or other physical injuries. Penalties can include:
- Up to four years in prison
- Fines up to $10,000
- Probation, mandatory counseling, or restraining orders
Unlike fourth-degree domestic assault, you don’t have to have a prior record for a third-degree charge to be considered a felony.
Second-Degree Domestic Assault
Second-degree domestic assault involves more serious harm or the use of a deadly weapon. For example:
- Knowingly causing serious physical injury
- Causing injury with a deadly weapon or dangerous instrument
- Recklessly causing serious injury by choking or strangulation
“Serious physical injury” means any injury that carries a substantial risk of death, permanent disfigurement, or loss of function. This is a Class D felony, which is punishable by up to seven years in prison.
First-Degree Domestic Assault
First-degree domestic assault is the most serious domestic violence charge in Missouri. This charge applies when someone:
- Attempts to kill a domestic partner
- Knowingly causes or tries to cause serious physical injury
This charge is usually filed in cases involving repeated beatings, the use of weapons, or life-threatening injuries. First-degree domestic assault is a Class B felony if no serious injury occurs. Class B felonies carry a sentence of five to 15 years in prison. If serious injury results, it is a Class A felony. This can result in 10 years to life in prison.
Prior Convictions Increase Potential Punishments
Missouri law increases the penalties if you’ve been convicted of domestic assault before. Even a misdemeanor can become a felony if you have a previous domestic violence record. The state treats repeat offenses (especially those involving physical harm or weapons) harshly.
Domestic assault charges can affect more than just your freedom. A conviction may lead to:
- Protective orders affecting where you can live and visit
- Loss of custody rights
- Firearm restrictions under federal law
- Barriers to employment or housing
- Permanent criminal record
Missouri does not offer expungement for most felony domestic assault convictions. Even if the charge is reduced or you receive probation, the consequences can follow you for years.
What to Do if You’re Charged
If you’ve been accused of domestic assault, avoid contact with the alleged victim. Even an attempt to talk things out could be seen as violating a protective order—or worse, could lead to additional charges like witness tampering.
You have the right to remain silent and to consult an attorney. Prosecutors may pursue charges even if the alleged victim wants to drop them, so it’s important to retain legal counsel as soon as possible.
Talk to Travis Noble, P.C. About Your Options
If you’re facing a domestic assault charge in Missouri, Travis Noble, P.C., can step in to protect your rights. Call today for a consultation with our Missouri domestic assault defense lawyers.