An assault charge in Missouri can completely change your life overnight. Whether it involves a fight, a domestic dispute, or the use of a weapon, the consequences extend far beyond the courtroom and affect your career, housing, and civil rights. Before anything else, it’s important to understand exactly what Missouri’s laws say about assault and the penalties you could face.
How Missouri Defines Assault
Missouri does not treat all assault allegations the same. According to Chapter 565 of the Missouri Revised Statutes, assault is divided into four categories depending on the mental state of the perpetrator, the extent of harm caused or threatened, and whether a deadly weapon was used. These differences are important because each category has a different classification and possible sentence.
The Four Degrees of Assault in Missouri
First-Degree Assault – Most Serious
Under §565.050 of the RSM, a person is guilty of assault in the first degree if they intentionally attempt to cause serious physical harm or cause serious injury to another person. This is a Class B felony punishable by 5 to 15 years in prison. If the assault causes serious physical injury, it is considered a Class A felony and carries a sentence of 10 to 30 years or life imprisonment.
Second-Degree Assault
§565.052 RSMo covers second-degree assault, which occurs when a person:
- Recklessly causes serious physical harm to another person,
- Knowingly causes physical harm using a deadly weapon or dangerous instrument, or
- Recklessly discharges a firearm and causes physical harm.
This offense is a Class D felony with a maximum penalty of seven years’ imprisonment.
Third-Degree Assault
Under §565.054 of the RSMo, third-degree assault is defined as an attempt to cause, or a reckless act that causes physical injury, which may not necessarily be serious. It is classified as a Class E felony and carries a maximum penalty of four years in prison.
Fourth-Degree Assault – Least Severe
§565.056 of the RSMo defines fourth-degree assault as intentionally placing someone in fear of immediate physical harm or knowingly causing harmful physical contact. This is a Class A misdemeanor that is punishable by up to one year in jail and fines of up to $2,000.
Penalties at a Glance
Missouri’s sentencing statute, §558.011 RSMo, sets out the maximum prison terms for each felony class. In addition to these maximum terms, a judge may impose probation, fines, or restitution, or any combination thereof. However, a conviction will remain on your record regardless of any additional sentences imposed.
Consequences Beyond Prison Time
A conviction for assault in Missouri can have long-term consequences beyond any sentence served. These consequences include:
- No expungement: Missouri law does not allow for expungement of assault convictions. This means that the record will follow you through every background check, leaving a permanent mark on your record.
- Loss of firearm rights: A felony conviction in Missouri and under federal law (18 U.S.C. § 922) can result in the loss of the right to possess firearms.
- Employment barriers: Employers often screen out applicants with a violent offense history before even scheduling an interview.
- Housing and education barriers: Schools may expel students with a violent conviction, and landlords and Section 8 housing administrators may deny housing due to disclosed criminal history.
Facing Assault Charges?
Attorney David Mueller has more than a decade of experience defending clients charged with violent crimes in Missouri and Illinois. His expertise in criminal law means that he can help you navigate the complex legal system and ensure that your rights are protected. With a potential conviction on the line, having the right lawyer by your side can make all the difference in the outcome of your case.
If you or someone you know is facing charges for assault or other violent crimes, contact Mueller Law Group for a free consultation.