Assault and Battery

Assault and battery charges are serious and often violent criminal charges that should be handled by a knowledgable professional. While the simplest offense may only merit a fine, all assault charges carry the potential for jail time, no matter the degree. Our experienced lawyers can help with all assault and battery charges.

Missouri Assault Penalties

Missouri assault crimes are classified by degrees and warrant different penalties.

First Degree Assault: Defined as attempting to kill someone or knowingly causing or attempting to cause serious physical injury to someone. Depending on if the assault actually results in serious physical injury, this can be classified as a Class A or Class B felony, and could result in 5 to 30 years in prison.

Second Degree Assault: A person can be charged with second degree assault if the prosecution proves any of the following offenses:

  • Attempting to kill or knowingly cause or attempt to cause serious physical injury to someone in the heat of passion.
  • Attempting to cause or knowingly cause physical injury to someone with a deadly weapon.
    Recklessly causing serious injury to another person.
  • Acting with criminal negligence while operating a motor vehicle while intoxicated or under the influence of drugs, and causing injury to someone or yourself.
  • Recklessly causing injury to someone by discharging a firearm.

          Second Degree Assault is considered a Class C Felony and warrants 5-15 years in prison.

Third Degree Assault: An assault is considered third degree if the person:

  • Attempts to cause or recklessly causes physical injury to another person.
  • Causes physical injury to another by acting with criminal negligence using a weapon.
  • Places someone in fear of immediate physical injury.
  • Recklessly engages in behavior which creates a grave risk of death or serious injury.
  • Knowingly causes physical contact with another person knowing it will be considered offensive by the other person.
  • Knowingly causes physical contact with someone who is incapacitated.

    Third Degree Assault is typically considered a Class C misdemeanor, which carries 15 days in jail and $500 in fines. However, if you have prior assault crimes on your record, you could be charged with a Class A misdemeanor and face up to 1 year in jail.

Very slight differences in actions can mean the difference between a misdemeanor and a felony assault crime. Don’t risk jail time or your well-being—if you’ve been charged with assault or battery, know your rights and call Rutter and Sleeth Law Offices.