A Criminal Defense Lawyer Helping People Accused of Assault & Battery from St. Charles to Hannibal
Assault and battery charges can come with very serious penalties. Do not make the mistake of assuming that an assault case will be a simple misdemeanor that carries no jail time. Assault and battery can be charged as felonies, and when they are, a defendant faces the possibility of years in prison. For this reason, it is important to hire an experienced Missouri defense lawyer when you are facing any type of assault or battery charges. Learn more about the difference between assault and battery, the difference between misdemeanor and felony assault cases, and the potential consequences of an assault conviction under Missouri law.
The Difference Between Assault and Battery
Assault is the act of placing someone in imminent fear of physical harm. Battery is the act of actually harming someone. When someone makes a fist and lunges at another person, they have committed assault. If their fist makes contact, they have committed battery. Unlike some other states, Missouri’s criminal code does not distinguish between assault and battery. Battery cases are instead charged under existing assault statutes. (In most cases, a person who was actually harmed was also placed in imminent fear of harm, so assault charges usually cover both actions.)
Missouri has many different classifications of assault to cover a wide range of circumstances. There are three classifications of felony charges and one misdemeanor classification. These charges carry a wide range of sentences, so it is important to understand the difference.
Misdemeanor Assault Versus Felony Assault
The law considers some cases of assault to be especially serious. If the defendant used a deadly weapon or was committing another felony (like robbery), these will lead to much more serious assault charges. These conditions are known as “aggravating circumstances.” (You have probably heard of “aggravated assault,” and this is what it means). Aggravating circumstances lead to much longer prison terms. In the most serious cases, an aggravated assault charge can lead to a prison sentence of up to thirty years. This is why it is so important to hire a defense lawyer as soon as possible.
It is also an aggravating factor when the alleged victim is a “special victim,” as defined by the law. Special victims are:
- Law enforcement officers
- First responders and emergency personnel (including emergency room workers)
- Probation and parole officers
- The elderly
- Any person with a disability
- A “vulnerable person”
- Jailers and corrections officers
- Highway workers in construction zones
- Utility workers (including cable workers)
- Public transit employees who are on duty
If the prosecution charges the defendant with an assault on a special victim, it is up to the state to prove that the alleged victim qualifies for one of the categories listed above. If there is a conviction for assault on a special victim, the defendant will face a longer sentence because of this aggravating circumstance.
Missouri Assault Classifications
Missouri has classified assault into four categories, depending on the severity of the defendant’s actions:
- First-degree assault is an attempt to kill or knowingly cause or attempt serious physical injury to another person.
- Second-degree assault is an attempt to cause (or actually causing) serious physical injury:
- under the influence of a sudden adequate passion, or
- recklessly, or
- recklessly by discharging a firearm.
- Third-degree assault is to knowingly cause physical injury to another person.
- Fourth-degree assault is how Missouri law classifies misdemeanor assault cases. Fourth-degree assault can involve
- recklessly causing another person physical injury, pain, or illness.
- negligence with a firearm.
- purposely putting another person in fear that they will suffer an immediate physical injury.
- recklessly creating a substantial risk of death or serious physical injury.
- attempted or actual contact with a person with a disability (which would be considered offensive or provocative to someone without a disability).
- physical contact with another person that is known to be considered offensive or provocative to the victim.
The differences between these classifications may seem subtle. The slightest word or action can change a case from one degree of assault to another. Though the difference can be minute, a more serious charge can mean the difference between probation, jail time, or years in prison.
The Potential Consequences of an Assault Conviction in Missouri
The penalties for an assault conviction have huge sentencing ranges. The most minor misdemeanor cases can result in a maximum of fifteen days in the county jail (plus a fine of up to $750). The most serious cases of first-degree assault can be charged as Class A felonies. This subjects the defendant to up to thirty years in prison. There is much room to negotiate within this range, so be sure to consult a defense attorney before considering any plea offer from a prosecutor.
Prison and jail terms are not the only consequences of an assault conviction. If an assault is designated as domestic violence under federal law, a conviction will result in the permanent revocation of your gun ownership rights. (Domestic violence is an act committed against certain family members, romantic partners, or former family members or partners.) A felony assault conviction can also make it more difficult to secure employment and housing in the future. Be sure to consult with your defense lawyer about all the potential consequences of a conviction before you agree to a plea agreement or face the risk of a conviction at trial.
Call Us Today to Speak to a Lincoln & Ralls County Criminal Defense Lawyer
When you face criminal charges, you are subjected to the full force of the government. Police and prosecutors work together with the single goal of convicting you. They do not have to respect your constitutional rights unless you require them to do so. For these reasons, it is absolutely imperative that you hire a criminal defense lawyer to fight on your side in any criminal matter. You don’t have to face the full power of the government on your own. Attorney Chris Lozano is an experienced Bowling Green defense lawyer who knows how to handle all types of assault cases. We serve clients in Warren, Lincoln, St. Louis, Ralls, Marion, St. Charles and Pike Counties. Call today to schedule a free case evaluation.