Felonies are the most severe category of crime in the Missouri legal system. A conviction for any felony offense can result in extremely severe penalties and a criminal record that follows you for the rest of your life. There are different degrees of assault, each have their own levels of severity. The more severe the crime, the harsher the punishment. If you or a loved one is facing charges for any type of felony offense, it is critical that you seek the advice of an experienced criminal defense lawyer in Camdenton and Lebanon, MO, immediately. Keep reading for an explanation of what each degree of assault is and a list of different Missouri assault penalties.
Source: http://revisor.mo.gov/main/OneChapter.aspx?chapter=565
Assault-First Degree
If you attempt to kill someone else or attempt to physically injure another person, that is first degree assault. First degree assault is a Class B felony, unless you actually do inflict a serious injury on someone else or the victim is a “special victim” (defined under section 565.002), then it’s a Class A felony.
Assault-Second Degree
You are committing assault in the second degree if you:
(1) Attempt to kill or knowingly cause or attempt to cause serious physical injury to another person under the influence of sudden passion arising from adequate cause
(2) Attempt to cause or knowingly cause physical injury to another person by means of a deadly weapon or dangerous instrument
(3) Recklessly cause serious physical injury to another person
(4) Recklessly causes physical injury to another person by means of discharge of a firearm
The offense of second degree assault is a class D felony, unless the victim of such assault is a special victim, as the term “special victim” is defined under section 565.002, in which case it is a class B felony.
Assault-Third Degree
You are committing third degree assault if you knowingly cause physical injury to another person. Third degree assault is a Class F felony, unless the victim of such assault is a special victim, as the term “special victim” is defined under section 565.002, in which case it is a class D felony.
Assault-Fourth Degree
You are committing assault in the fourth degree if you:
(1) Attempt to cause or recklessly cause physical injury, physical pain, or illness to another person
(2) With criminal negligence, you cause physical injury to another person by means of a firearm
(3) You purposely place another person in apprehension of immediate physical injury
(4) You recklessly engage in conduct which creates a substantial risk of death or serious physical injury to another person
(5) You knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative
(6) You knowingly cause physical contact with another person knowing the other person will regard the contact as offensive or provocative.
Typically, assault in the fourth degree is a class A misdemeanor.
Different Levels of Punishment for Assault Charges
If you commit a first degree assault, with a serious physical injury, that is considered a Class A felony and you could be looking at 10 to 30 years in prison.
If you commit a first degree assault that falls under a Class B felony, you could be punished with 5 to 15 years in prison.
If you commit a second degree assault that is classified as a Class C felony, then you may also be looking at 5 to 15 years in prison.
If you commit a third degree assault, Class C misdemeanor, then your penalty could be up to 15 days in jail or a $500 fine.
If you commit a third degree assault and it’s your third offense or more, that could be a Class A misdemeanor and up to 1 year in jail or a $1000 fine.
At the law firm of Deputy & Mizell, L.L.C., we represent clients throughout the Lake of the Ozarks region in a broad range of felony cases. Our experienced attorneys at the Lake of the Ozarks have a complete understanding of the law in these matters and we know the best approach to protecting your rights. In every case, our only concern is to resolve the matter in a way that allows you to walk away with your rights and your freedom fully intact. For a free consultation, call one of our offices listed below.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
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