Missouri Domestic Violence
Missouri domestic violence is defined as violence against a spouse, family member or a person the accused is or has been in a romantic relationship. Missouri lists domestic violence and domestic assault and has three different degrees.
Domestic Assault - Third Degree
Third degree domestic assault occurs when the accused:
(1) attempts to cause or recklessly causes physical injury, or
(2) physically injures a domestic victim with a deadly weapon, or
(3) threatens the victim, causing the victim to fear immediate bodily injury, or
(4) engages in conduct that creates a grave risk of death or serious physical injury, or
(5) intentionally engages in physical contact with the victim, knowing the victim will find the contact offensive, or
(6) knowingly attempts to cause or causes isolation of the victim by unreasonably or substantially restricting or limiting access to other persons communication devices or transportation.
Domestic assault in the third degree is a Class E Felony, punishable up to 4 year in jail.
Domestic Assault - Second Degree
Second degree domestic assault is the assault of a spouse, family member or a person the accused is or has been in a romantic relationship with while:
(1) knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or
(2) recklessly causes serious physical injury to such domestic victim; or
(3) recklessly causes physical injury to such domestic victim by means of any deadly weapon.
Domestic assault in the second degree is a Class D Felony with a punishment of up to 4 years in prison and fines up to $5,000.
Domestic Assault - First Degree
First degree domestic assault is when the accused attempts to kill or knowingly causes or attempts to cause serious physical injury to a spouse, family member or a person the accused is or has been in a romantic relationship.
Domestic assault in the first degree is a Class B Felony and is punishable to 5-15 years in prison. If, in the course of the assault, the accused inflicts serious physical injury to the victim the penalty is a Class A Felony; punishable 10-30 years in prison.
Domestic assault claims are serious and are tricky cases to defend. Hiring an experienced criminal defense attorney can help you evaluate the claim and decide what options are available. In some cases, you may be able to get the charges thrown out all together or have your charges reduced.
Contact Howard Haake at (314) 325-9868 or (636) 332-5555 for a free consultation regarding your domestic assault charge and learn what rights and remedies are best for your situation.