Domestic assault charges in Missouri are among the most seriously prosecuted offenses in the state. Whether it’s a heated argument or a violent altercation, the charge can have a significant impact on your life. It’s important to understand how Missouri law categorizes these offenses, the penalties that apply, and the legal consequences of a conviction if you face a domestic assault charge in St. Louis or any other part of the state.
What Constitutes Domestic Assault in Missouri?
Under Missouri Revised Statute § 455.010, domestic violence is defined as a criminal act of abuse committed against a “domestic partner.” The law broadly defines a domestic partner to include: current and former spouses, relatives, including in-laws, individuals who share or have previously shared a household, persons in a current or past romantic or intimate relationship, and individuals who have children together, regardless of their marital status.
This broad definition means that domestic assault charges can be brought against various types of relationships, not just marriages. Prosecutors do not require the alleged victim to file charges – the state can initiate the case independently.
The Four Degrees of Domestic Assault in Missouri
Missouri law categorizes domestic assault into four levels under Chapter 565 of the Missouri Revised Statutes. Each level has its own set of elements and corresponding penalties.
First-Degree Domestic Assault – Class B or Class A Felony
Under § 565.072, domestic assault in the first degree applies when a person intentionally attempts to kill or causes serious physical injury to a domestic partner. This is a serious charge and is typically prosecuted as a Class B felony, with a potential sentence of 5 to 15 years in prison. However, if actual serious physical injury has been inflicted, the charge can escalate to a Class A felony which carries a potential sentence between 10 and 30 years, or even life, in prison.
Second-Degree Domestic Assault – Class D Felony
Under § 565.073, second-degree domestic assault occurs when a person intentionally or recklessly causes physical injury to another person using a deadly weapon, dangerous instrument, or by choking, strangulation, or other means that could cause serious physical harm. This offense is classified as a Class D felony and can result in up to seven years of imprisonment.
Third-Degree Domestic Assault – Class E Felony
Under § 565.074, third-degree domestic assault is defined as intentionally causing or attempting to cause physical harm to a spouse or partner. This is a Class E felony that can result in up to four years in prison.
Fourth-Degree Domestic Assault – Class A Misdemeanor
Under § 565.076, a fourth-degree domestic assault charge is the least serious offense, typically involving first-time incidents of attempted physical harm, threats, physical contact, or putting a victim in fear of immediate injury. This offense is considered a Class A misdemeanor, which carries up to one year in jail and fines of up to $2,000. However, if the defendant has two or more previous domestic assault convictions, the charge will be elevated to a Class E felony.
Collateral Consequences Beyond Jail Time
A domestic assault conviction has consequences that go far beyond the jail sentence. The long-term effects often disrupt a person’s future.
- Firearms prohibition: A domestic violence conviction triggers a federal ban on firearms under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)). This ban permanently bars possession of firearms.
- Expungement: Missouri assault convictions, even misdemeanors, are not eligible for expungement under § 610.140 RSMo. They will remain on the record indefinitely.
- Employment: Background checks will reveal the conviction, preventing many professional opportunities even before an interview.
- Housing: Convictions can affect housing eligibility for Section 8 programs, tenancy screening, and voting rights in some cases during incarceration.
- Orders of protection: Courts often issue orders of protection alongside criminal charges, which further restrict your daily life and contact with family members.
Facing Domestic Assault Charges in Missouri? Contact Mueller Law Group.
Attorney David Mueller brings over a decade of experience in criminal defense to clients facing domestic violence and other violent crime charges in St. Louis, Missouri, and Illinois. He treats each client as a human being with rights, not just a case file on his desk. The consequences of a criminal conviction can be severe, and it’s not something anyone should face alone.
Contact us today to schedule your free consultation.