Assault is a criminal offense that involves causing or attempting to cause physical injury to another person. There are several degrees of assault under Missouri law, which differ based on the level of harm, the person’s actions, and whether a weapon was involved. Assault can be charged as a felony if the harmful conduct involves serious physical injury, attempted homicide, reckless behavior with a firearm, or harm to “special victims” like those with disabilities.
Felony assault charges carry harsh penalties, but a St. Louis criminal defense attorney can employ several potential defenses to seek a dismissal, acquittal, or a reduction in charges.
Possible Defenses in Felony Assault Cases
Felony assault charges in Missouri carry serious consequences, but not every accusation leads to a conviction. The law allows several defenses that may apply depending on the facts of the case.
Self-Defense or Defense of Others
Missouri law allows you to use force if you believe it’s necessary to protect yourself or someone else. The law also says you don’t have to back down or run away first. If someone threatens you or another person with serious harm, and you respond with force to stop them, that could count as self-defense.
Justification or Necessity
If you break the law to stop something worse from happening, the court may consider your actions justified. This defense could apply if you faced an urgent threat and acted quickly to prevent injury or danger. However, it won’t apply if you started the situation or if the charge involves a class A felony.
Lack of Intent or Accidental Conduct
Some assault cases fall apart if the evidence shows you never meant to hurt anyone. If you never acted with purpose or engaged in reckless behavior, the charge against you may not stand. This defense strategy focuses on what you actually did and whether you made a conscious decision to cause harm.
Battered Spouse Syndrome as a Defense
If you have lived through ongoing violence or in persistent fear for your safety, Missouri law may allow you to cite a history of abuse to explain why you acted in self-defense. A mental health expert may examine you and testify about the effects of long-term abuse. The court will also require proof that you believed you were in real danger at the time.
Defense of Property
Missouri law allows you to use force to stop someone from stealing or damaging your property, though there are limits. You must believe that force is necessary, and you can only use a level of force suitable for the situation. Deadly force isn’t allowed unless you also face a direct threat.
Lack of Compelling Evidence
Prosecutors must prove every part of an assault charge. If the alleged victim changes their story or key facts don’t match up, that could weaken the state’s case. A seasoned defense attorney will look for these kinds of flaws and use them in your defense in court.
Police Misconduct or Unlawful Arrest
Officers must follow the law any time they make an arrest. If they use unnecessary force, ignore your rights, or arrest the wrong person, those problems could affect your case. If the police made a serious mistake, your lawyer can raise that issue and ask the court to act on it.
Mental State or Diminished Capacity
A person’s mental state can affect whether they understood what they were doing during an alleged crime. Missouri law allows courts to consider mental illnesses or other conditions that affect judgment. If you lacked the ability to control your actions or understand the potential consequences, that could lead to a reduction or dismissal of the charges against you.
Contact a St. Louis Defense Law Firm Now
If you face felony assault charges in St. Louis, contact Travis Noble, P.C., for a free consultation with a team that defends people in high-stakes criminal cases every day. We’ll walk through the facts with you, answer your questions, and discuss what comes next.