Assault is generally defined as any attempt to kill, infliction of bodily injuries, or attempt to inflict bodily injuries on another. There are four degrees of assault under Missouri law, as well as four degrees of domestic assault. First degree assault is the most serious of the assault crimes. Under Mo. Rev. Stat. § 565.050, first degree assault occurs when an individual attempts to kill or intentionally causes or tries to cause serious physical injuries to another, and is a Class B felony. However, if the accused inflicts serious physical injury on another, or if the alleged victim constitutes a “special victim,” then the charge becomes a Class A felony.
Special victims include several different categories of people, including law enforcement officers, emergency personnel, parole or probation officers, elderly or disabled persons, and any vulnerable person. This classification also covers correction officers, highway workers, utility workers, cable workers, and mass transit system employees.
Second degree assault under Mo. Rev. Stat. § 565.052 is generally a Class D felony, unless the alleged victim is a “special victim,” when it becomes a Class B felony. A person may be charged with second degree assault if he or she:
- Attempts to kill or purposely causes or attempts to cause serious physical injury to another while under a sudden passion arising out of adequate cause,
- Knowingly causes or attempts to cause physical injury to another by using a deadly weapon or dangerous instrument, or
- Recklessly causes serious physical injury to another or physical injury by discharging a firearm
Pursuant to Mo. Rev. Stat. § 565.054, third degree assault is defined as knowingly causing physical injury to another, which is a Class E felony, unless the alleged victim is a “special victim,” which makes it a Class D felony.
Fourth degree assault is a Class A misdemeanor under Mo. Rev. Stat. § 565.056, although some actions that constitute fourth degree assault drop to a Class C misdemeanor, unless the alleged victim is a “special victim.” Generally, fourth degree assault involves recklessly causing physical injury or pain, negligently causing injury by using a firearm, purposely placing another in fear of immediate physical harm, recklessly causing a substantial risk of death or serious physical injury to another, and having physical contact that is reasonably seen as offensive or provocative. We will investigate the facts of your case, assess the situation, and determine whether expungement is a potential remedy for you. No matter what your situation may be, the Missouri DWI & Criminal Law Center has the experience, skills and reputation that is essential to successful expungement petition proceedings. For legal advice about your case, contact us today by phone at (816)-322-8008 or fill out the online information form located here.