Accused of Domestic Assault in St. Louis or St. Charles?
Domestic Assault / Domestic Violence Criminal Charges
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.
Missouri Domestic Assault Charges
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 have 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.
B to A Felony
In Missouri, a person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term “domestic victim” is defined by Missouri Law.
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.
Domestic Assault Second Degree
Also known as Domestic Violence, Second Degree.
In Missouri, a person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term “domestic victim” is defined by Missouri law, and he or she:
- Knowingly causes physical injury to the domestic victim by any means, including but not limited to,
- use of a deadly weapon or dangerous instrument,
- or by choking or strangulation;
- or recklessly causes serious physical injury to the domestic victim;
- or recklessly causes physical injury to the domestic victim by means of any deadly weapon.
Domestic Assault Third Degree
Also known as Domestic Violence, Third Degree.
A person commits the offense of domestic assault in the third degree if he or she 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.
Domestic Assault Fourth Degree
Also known as Domestic Violence, Fourth Degree.
A Misdemeanor to E Felony
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 such 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 persons, telecommunication devices, or transportation for the purpose of isolation.
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.
Domestic Assault Frequently Asked Questions
Krupp Law Firm Can Help You
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.