How Does Missouri Define and Prosecute Domestic Assault Cases?

How is Domestic Assault Handled in Missouri?

The police and the courts in Missouri take domestic assault claims quite seriously. If you are charged with domestic assault in this state, you must be represented by a Missouri domestic assault defense lawyer, and you must reach out to that lawyer as quickly as possible.

Every year, more than 300,000 women – and a growing number of men – visit doctors or emergency rooms after domestic violence, and more than a thousand women are killed in the United States each year in domestic violence incidents.

In all fifty states, domestic violence is a serious and persistent concern. Domestic violence affects divorce, separation, and child custody disputes. Every year in this nation, more than ten million women, children, and men become domestic violence victims.

How Does Missouri Law Define Domestic Assault?

What constitutes criminal domestic assault in this state? How are domestic assault convictions penalized? And what steps will a Missouri domestic assault defense attorney take on your behalf?

When someone assaults a stranger, it’s a criminal assault. However, if the two people are dating or part of the same family or household, the law considers the incident a criminal domestic assault.

Missouri defines domestic assault as an assault that involves family members, spouses, ex-spouses, roommates, or those in intimate relationships. Domestic assault is not necessarily physical violence. It includes making threats, stalking, and other intimidating behavior.

What Are Missouri’s Domestic Assault Charges?

Missouri law establishes four degrees of domestic assault. Fourth-degree domestic assault is charged as a Class A misdemeanor. A conviction for fourth-degree domestic assault may be penalized with a fine of up to $2,000 and up to a year in prison.

However, if the defendant has two or more prior domestic assault convictions, fourth-degree domestic assault is a Class E felony punishable on conviction with up to four years in prison and a fine of up to $10,000.

Third-degree domestic assault is also a Class E felony. However, if a defendant has two or more previous domestic assault convictions, third-degree domestic assault is a Class D felony punishable on conviction with up to seven years in prison and a fine of up to $10,000.

What Are the Other Domestic Assault Charges?

Second-degree domestic assault happens when an assailant – whether intentionally or due to recklessness – physically injures a victim. Second-degree domestic assault, a Class D felony, is punishable on conviction with up to seven years in prison and a fine of up to $10,000.

First-degree domestic assault is an effort to kill or seriously injure a household or family member or dating partner. If the assault causes serious injury or the defendant has a previous domestic assault conviction, first-degree domestic assault is a Class A felony, which may be penalized on conviction with ten years to life in prison.

In other cases, first-degree domestic assault is a Class B felony punishable on conviction with five to fifteen years in prison.

Charged With Domestic Assault? Take These Steps

If you are taken into police custody and charged with domestic assault in Missouri, immediately request a lawyer and do not discuss the case with anyone else. Exercise your constitutional right to remain silent and contact a Missouri domestic assault defense lawyer as quickly as possible.

If law enforcement officers or prosecutors try to interrogate you, you may say something like, “I would prefer not to answer questions before consulting my lawyer,” and say nothing more.

Never try to negotiate on your own with a prosecutor or with the police. Instead, let your defense attorney do the talking and negotiating. That’s your attorney’s job. If you are offered a plea deal, consult with your lawyer before you accept or reject the offer.

What if the Allegation Against You is Fabricated?

Judges, police officers, divorce attorneys, and criminal defense lawyers know that fabricated domestic assault allegations are made more often than many people imagine. These false claims are made for a variety of reasons.

A resentful teenager, for example, may falsely claim that a stepparent has committed domestic assault. In a divorce, a false domestic assault claim may be made as an attempt to influence the court’s decisions about alimony and child custody.

In a domestic assault case, it may be hard to distinguish the truth from the lies. Your lawyer will try to uncover the truth, but a fake domestic assault claim is like any other fabricated claim, and in a criminal trial, what is and is not true will be decided by a judge and jury.

How Will Your Attorney Defend You?

A Missouri domestic assault defense attorney should represent you and advocate on your behalf if you face a domestic assault charge. After examining the details of your case, your attorney will develop an aggressive and effective defense strategy.

If the charge against you cannot be dismissed, and if the evidence against you is convincing, your attorney may negotiate for reduced or alternative sentencing. However, if you are not guilty, you should insist on your right to a jury trial.

At a domestic assault trial, your attorney will explain to the jurors exactly what happened and why they should find you not guilty. But how can you find a criminal defense attorney with the experience, skills, and tenacity to prevail on your behalf?

Take Your Domestic Assault Case to Loraine Law Center

If you face a domestic assault charge in Jefferson City, Kansas City, or elsewhere in Missouri, you should be represented and advised by a lawyer who has built a reputation for legal excellence – a criminal defense lawyer at Loraine Law Center.

Our team of former prosecutors knows how to find the truth and bring your criminal domestic assault case to its best possible outcome. Attorneys Kyle Loraine and Spencer Smith bring their backgrounds, experience, and record of success to every case and every client.

If you’re charged with domestic assault in Missouri, currently or in the future, call Loraine Law Center as quickly as possible – at 573-284-3048 in Jefferson City or 816-720-7634 in Kansas City – to schedule a no-cost, thirty-minute evaluation of your case with no obligation.