Criminal Defense, Personal Injury & Sexual Assault Victims Law Firm
Domestic Assault Attorneys in St. Louis and St. Charles
Domestic Assault Criminal Charges in St. Louis and St. Charles, Missouri
Domestic Assault cases are some of the most incorrectly over charged crimes that carry a substantial amount of weight. The majority of domestic assault charges are very minor disputes between spouses, partners, and family members but the cops are called and someone is charged with Domestic Assault.
Domestic Assault cases in Missouri are often one of the most misunderstood areas in the law because of the stigma associated with the concept of domestic violence and abuse, but also because of the State’s interest in prosecuting it to the fullest. Unlike typical assault charges, domestic assault carries with it specific elements and has unique consequences.
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Domestic Assault Laws in St. Louis, St. Charles and the Surrounding Areas
Many times those who are accused of domestic assault don’t know where to start and don’t know how to best approach their case and deal with the consequences it has, not only on their own lives but the lives of their children or oftentimes significant other.
It is important that you have someone on your side who is experienced in domestic assault cases. At the Krupp Law Firm, we are experienced in this area of law and know how to approach your unique case.
Domestic Assault First Degree
Also known as Domestic Violence, First Degree defined
In Missouri (Missouri Revised Statute § 565.072), a person commits the offense of domestic assault in the first degree
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if he or she attempts to kill or
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knowingly causes or attempts to cause serious physical injury to a domestic victim,
as the term “domestic victim” is defined by Missouri Law.
The term "domestic victim" is specifically defined under Missouri law, typically encompassing family members, household members, or individuals in intimate relationships with the assailant.
The offense of domestic assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a class A felony.
Serious injury can include gunshot wounds, knife wounds, or severe physical assault.
Classifications of the Offense
Class B Felony
This is the default classification for a first-degree domestic assault. It implies that the perpetrator attempted to kill or cause serious physical injury without actually inflicting such injury.
B Felony - 5 to 15 years in prison.
Class B Felonies defined
Class A Felony
Class A Felony: Is a more serious charge. The offense is elevated to a Class A felony if the perpetrator inflicts serious physical injury on the victim during the assault. Serious physical injuries are typically significant and potentially life-threatening, including but not limited to gunshot wounds, knife wounds, or severe physical assault.
A Felony - (if serious physical injury is inflicted): 10 to 30 years or life imprisonment.
Class A Felonies defined
Serious Physical Injury
The term "serious physical injury" plays a crucial role in determining the severity of the offense. This term generally includes injuries that pose a substantial risk of death, cause serious disfigurement, or result in long-term or permanent impairment or loss of the function of any body part or organ.
Defense and Prosecution Considerations
From a legal perspective, the defense and prosecution in such cases focus on several key aspects:
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Nature of the Injury: Establishing whether the injury qualifies as 'serious physical injury' is critical.
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Intent: The defendant's intent to kill or cause serious physical injury must be proven.
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Relationship: The nature of the relationship between the defendant and the victim is examined to establish the 'domestic' aspect of the offense.
Domestic Assault Second Degree
Missouri Revised Statute § 565.073. Also known as Domestic Violence, Second Degree.
D Felony - Key Elements of Domestic Assault in the Second Degree:
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Victim Status: The victim must be classified as a "domestic victim" as per Missouri's legal definitions. This typically encompasses individuals such as spouses, family members, or those in intimate relationships with the accused.
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Nature of the Act: The accused must have knowingly caused physical injury to the domestic victim. This encompasses a broad range of actions and can include:
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Use of a deadly weapon or dangerous instrument: This implies the use of an object that can potentially cause death or serious physical harm.
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Choking or strangulation: Acts that impede breathing or circulation of the blood through the application of pressure on the throat or neck.
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Recklessness: The statute also covers situations where the accused recklessly causes serious physical injury or recklessly causes physical injury by means of any deadly weapon. "Recklessness" in this context is a legal term that implies a conscious disregard of a substantial and unjustifiable risk.
Legal Implications:
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Severity of Charge: As a Class D felony, the charge is serious and carries substantial penalties. In Missouri, a Class D felony can result in significant jail time, fines, or both. The exact penalties can vary based on the specifics of the case, including the severity of injuries and the defendant's criminal history.
Class D Felony - Up to 4 years in prison and possible fines -
Legal Proceedings: This charge often involves complex legal proceedings, including arraignments, pre-trial hearings, potential plea negotiations, and possibly a trial. Each stage requires strategic legal decision-making.
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Defense Strategies: Defending against a charge of Domestic Assault in the Second Degree may involve challenging the evidence of intent or recklessness, the classification of the victim, or the circumstances of the alleged assault. Self-defense or defense of others might also be a viable defense in some cases.
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Long-Term Consequences: Conviction can result in long-term consequences beyond immediate penalties. These can include loss of certain civil rights, difficulties in employment, and social stigma.
Domestic Assault Third Degree
. Also known as Domestic Violence, Third Degree.
E Felony
According to Missouri Revised Statute § 565.074 a person commits the offense of domestic assault in the third degree if he or she
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attempts to cause physical injury or
- knowingly causes physical pain or illness to a domestic victim, as the term “domestic victim” is defined under Missouri law.
The offense of domestic assault in the third degree is a class E felony.
Charges of third-degree domestic assault are generally reserved for cases where the victim did not sustain injuries.
More severe charges may be applied if the victim of domestic violence was injured as a result of the assault.
Domestic Assault Fourth Degree
Also known as Domestic Violence, Fourth Degree.
A Misdemeanor to E Felony
According to Missouri Revised Statute § 565.076 a person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term “domestic victim” is defined under Missouri law and;
the person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;
with criminal negligence, the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;
the person purposely places such domestic victim in the apprehension of immediate physical injury by any means;
the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a domestic victim;
the person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive;
or the person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other people, telecommunication devices, or transportation for the purpose of isolation.
Fourth-degree domestic assault is categorized uniquely as a misdemeanor. However, if the accused has a history of assault, this charge can escalate to a Class E felony.
Domestic Assault Repeat Offender
The offense of domestic assault in the fourth degree is a class A misdemeanor unless the person has previously been found guilty
of the offense of domestic assault,
of any assault offense under the domestic assault chapter,
or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a class E felony.
The offenses described above may be against the same domestic victim or against different domestic victims.
Process of a Domestic Assault
Most domestic assault charges happen in a fairly specific set of events
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The police are called by a neighbor, family member of someone involved in an altercation. Many times it will be a neighbor that hears a heated argument or banging on walls and decides to call the police.
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The police arrive at the home where the expect an altercation of some kind has occurred. The police will knock on the door, enter the residence, take a look around and start collecting statements. Many times regardless of what people say in the statements the police will look at the residence for any sign of a physical confrontation. If they believe there has been a physical confrontation they will arrest someone.
From the police perspective they're already at the residence and it's considered best practices to arrest someone. What the police are trying to avoid is any escalation in violence. The reason many municipal police stations consider the arrest 'best practices' is for example most homicides in suburban neighborhoods are by spouses or intimate people that live in the same household.
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After an arrest you are now charged with domestic assault. Most domestic assault charges we've represented have no prior criminal history of any kind.
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You do not want to plead guilty to a domestic assault charge without speaking with a lawyer from the Krupp Law Firm first. You want to fight domestic assault charges as much as possible.
Where Do Domestic Assault Charges Come From?
There are a variety of instances that can lead to a Domestic Violence charge in Missouri. Some of the most common charges stem from violations of protection orders or a domestic dispute that leads to one partner calling the police to report the conduct of another partner.
Sometimes there are physical acts involved, however, it is common that a police interaction could occur without any physical interaction. A threat of assault, or even now with the emergence of online communication devices such as text messaging and Snapchat, certain harassment or stalking behavior could lead to a domestic violence charge.
For example, it is possible to be charged with domestic Assault for throwing water on your spouse. The threshold for a domestic assault is very low. I don't believe a lot of people understand that until they're facing it. There are a lot of municipalities it most likely won't be heard in state or federal court for the charge.
It's similar to being able to get a littering ticket by throwing a candy wrapper out of your car window. It's a lesser charge but it is a domestic assault charge that will be on your record. If in the future, you face any other criminal charge you could get tougher sentencing or possibly lose some of your rights. It could also affect things such as employment.
How Is Domestic Assault Prosecuted?
After police report, a potential domestic violence issue to the State for prosecution, a charging attorney at the prosecutor’s office will most likely review certain factors to determine whether or not to file a domestic assault charge or some other charge involving domestic violence.
Some factors include;
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whether there was an arrest made during the altercation,
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whether there was any physical harm,
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whether there were any threats,
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whether there was any damage to property,
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and how many times have police been dispatched to the location for similar instances.
Requirement for a Mandatory Arrest
In Missouri, unlike some other jurisdictions, the State law does not require police to make an arrest after responding to a domestic dispute unless an officer has to respond to the same address within twelve hours for a similar circumstance, then arrest becomes mandatory.
Still, some local police departments may implement their own policy to protect the safety of potential victims in an abusive relationship and arrest someone after reporting to any domestic dispute so that they are not called back to the same scene later or to ensure that there would be no further escalation of the dispute.
Once a prosecutor decides that the evidence is strong enough, they will file a complaint and the normal criminal defense process will begin. Domestic Assault can also be commonly referred to as Domestic Violence.
Domestic Assault Frequently Asked Questions
Other Resources
Where Do Domestic Assault Charges Come From?
There are a variety of instances that can lead to a Domestic Violence charge in Missouri. Some of the most common charges stem from violations of protection orders or a domestic dispute that leads to one partner calling the police to report the conduct of another partner.
Sometimes there are physical acts involved, however, it is common that a police interaction could occur without any physical interaction. A threat of assault, or even now with the emergence of online communication devices such as text messaging and Snapchat, certain harassment or stalking behavior could lead to a domestic violence charge.
For example, it is possible to be charged with domestic Assault for throwing water on your spouse. The threshold for a domestic assault is very low. I don't believe a lot of people understand that until they're facing it. There are a lot of municipalities it most likely won't be heard in state or federal court for the charge.
It's similar to being able to get a littering ticket by throwing a candy wrapper out of your car window. It's a lesser charge but it is a domestic assault charge that will be on your record. If in the future, you face any other criminal charge you could get tougher sentencing or possibly lose some of your rights such as being able to own a firearm. It could also affect things such as employment.
How Is Domestic Assault Prosecuted?
After police report, a potential domestic violence issue to the State for prosecution, a charging attorney at the prosecutor’s office will most likely review certain factors to determine whether or not to file a domestic assault charge or some other charge involving domestic violence.
Some factors include;
whether there was an arrest made during the altercation,
whether there was any physical harm,
whether there were any threats,
whether there was any damage to property,
and how many times have police been dispatched to the location for similar instances.
Requirement for a Mandatory Arrest
In Missouri, unlike some other jurisdictions, the State law does not require police to make an arrest after responding to a domestic dispute unless an officer has to respond to the same address within twelve hours for a similar circumstance, then arrest becomes mandatory.
Still, some local police departments may implement their own policy to protect the safety of potential victims in an abusive relationship and arrest someone after reporting to any domestic dispute so that they are not called back to the same scene later or to ensure that there would be no further escalation of the dispute. Once a prosecutor decides that the evidence is strong enough, they will file a complaint and the normal criminal defense process will begin. Domestic Assault can also be commonly referred to as Domestic Violence.
What Proof Does There Need To Be To Find Someone Guilty of a Domestic Assault?
You're in a domestic relationship and you are accused of assaulting a domestic victim. That's all you need to be charged.
If you are accused of physical contact that was harmful or offensive to the "domestic victim" and you purposefully caused it. That's the threshold of a domestic assault charge. To be charged with a felony domestic assault there has to be some kind of injury
A serious disagreement between defense attorneys and prosecutors is the definition of 'injury'. Common sense would state an injury as something visible or credible something possibly a gash, a cut, a bruise, or something similar.
I've witnessed prosecutors try to say "it's something painful, it's still painful, that's the injury".
That logic probably won't hold in a court of appeals. The more severe the domestic assault charge the more of an injury the "domestic victim" will have. This would include injuries from gunshots, knife wounds, or severe physical assault. If the "domestic victim" does not have this type of injury you most likely won't be charged with first-degree or second-degree domestic assault.
What Impact Could a Domestic Assault Charge Have On My Life?
In addition to a criminal conviction, which would carry traditional consequences such as potential jail or prison time, probation, loss of job opportunities, and other consequences, it also may affect one’s ability to own and carry firearms (see the video below), and most notably could have a significant impact on child custody arrangements either now or in the future.
When Released on Bond Can I Be Stopped From Going Home?
Can you be prevented from going back to your house if you share the house with your victim and your victim's at the house?
Yes, absolutely if it's part of your bond not to be in contact with the "victim", which is very common, then yes. You can be stopped from having contact with the victim. Meaning if the victim is in the house that you share you will not be able to go to that home if it is a condition of your bond.
Krupp Law Firm Can Help You With Domestic Assault Charges
Seek help, as early as possible. The National Domestic Violence Hotline is available at 1−800−799−7233.
Domestic Assault charges are often misunderstood, and you may have a great defense, but especially in these cases compared to other cases, having domestic assault attorneys on your side early is important to prevent harsh and unnecessary consequences in the future.
You should seek to hire someone who has experience in the field, who has built up domestic violence cases on the other side by prosecuting those cases, who has handled many different scenarios of domestic violence accusations, and who has tried and won domestic assault cases. We’re confident that you will find that here at the Krupp Law Firm.
St. Louis and St. Charles Domestic Assault Law Firm
James Krupp, with over 30 years of experience practicing law in the State of Missouri, has a deep understanding of personal injury, criminal, and other legal matters. As a lifelong St. Louis resident, James is dedicated to helping people in all kinds of legal situations by working closely with his clients and obtaining outstanding results. With his extensive legal background and compassionate approach, James is a valuable asset for anyone facing domestic assault charges.
Clients have praised James Krupp for his excellent representation, stating that he is "a kind and understanding person to deal with" and "well connected, highly educated and able to help quickly." By choosing Krupp Law Firm for your domestic assault case, you'll be working with an attorney who is not only knowledgeable and experienced but also genuinely cares about the outcome of your case.
Ryan Krupp is a criminal defense attorney with a background in both the Jackson County Prosecutor’s Office and Johnson County District Attorney’s Office. Having appeared in court on behalf of the State of Missouri and Kansas in the criminal prosecution of domestic violence, assault, drug cases, SVU cases, juvenile offenders, and other felonies and misdemeanors, Ryan brings invaluable experience to your domestic assault case.
As someone born and raised in St. Louis and an alumnus of Marquette High School and Missouri Baptist University, Ryan is passionate about using his winning mindset to help people and ensure justice. His experience in prosecuting domestic violence cases, combined with his dedication to his clients, makes him an ideal attorney to represent those accused of domestic assault.
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