Missouri Assault and Battery

Assault and Battery are used interchangeably but are actually two separate criminal actions. Missouri defines assault as, “purposely or knowingly placing or attempting to place another in fear of physical harm” and battery as “purposely or knowingly causing physical harm to another with or without a deadly weapon.”

 

The difference between the two different charges is an actual physical act. An example would be swinging a fist at someone. If your fist doesn’t actually hit the intended person, then it is just an assault; putting that person in “fear of physical harm.” Now, let’s say your fist does hit the intended person. At that point, the charge is battery.

 

First Degree Assault

A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person. Assault in the first degree is a Class B Felony, punishable to 5-15 years in prison and fines up to $10,000.

 

Second Degree Assault

A person commits the offense of assault in the second degree if he or she:

 

(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

 

(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

 

(3) Recklessly causes serious physical injury to another person; or

 

(4) Recklessly causes physical injury to another person by means of discharge of a firearm.

 

Assault in the second degree is a Class D Felony, punishable up to 7 years in prison and fines up to $10,000.

 

Third Degree Assault

A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person. Assault in the third degree is a Class E Felony, punishable up to 4 years in prison and fines up to $10,000.

 

Fourth Degree Assault

A person commits the offense of assault in the fourth degree if:

 

(1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;

 

(2) With criminal negligence the person causes physical injury to another person by means of a firearm;

 

(3) The person purposely places another person in apprehension of immediate physical injury;

 

(4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;

 

(5) The person 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; or

 

(6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

 

Assault in the fourth degree is a Class A Misdemeanor, punishable up to one years in jail and fines up to $2,000.

Contact Howard Haake (314) 325-9868 or (636) 332-5555  for a free consultation regarding your assault charge and learn what rights and remedies are best for your situation.

 

 

 

 

Howard Haake is a St. Louis law firm based in Clayton, Missouri focused on business law, criminal defense, family law and estate planning. We handle all business matters from incorporation to acquisition as well as criminal defense charges from arrest to trial. Howard Haake helps clients in St. Louis, St. Charles, St. Peters, O'Fallon, Brentwood, Columbia, Eureka, Richmond Heights, Clayton, Jennings, Kirkwood, Maplewood, Manchester, Northwoods, Olivette, University City, Creve Coeur, Maryland Heights, Bridgeton, Florissant, Ladue, Webster Groves, Hazelwood, Hillsboro, Washington, Union, Hermann, Pacific, and throughout St. Louis County, St. Charles County, Jefferson County, Franklin County, Warren County, Gasconade County, Boone County, Crawford County, Montgomery County, and Marion County.

​​DISCLAIMER: The information on this website is for general and informational purposes only and should not be interpreted to indicate a certain result will occur in your specific legal situation. Information on this website is not legal advice and does not create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Evan M. Howard, Howard Law,  Avvo Profile

© 2015 by Howard Haake, LLC.

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