Highly Skilled Assault Attorneys in Jefferson County, MO, Defending Your Rights
In many US states, assault and battery are two different crimes. However, that’s not the case in Missouri. Here, they’re most often considered as one and the same. If you have had one or both of these charges brought against you, know that the possibility is that you’ll be tried on assault charges.
If you have been arrested and charged for assault in Jefferson County, MO, you need competent assault and battery attorneys like Grafe & Batchelor Attorneys at Law. Grafe & Batchelor are skilled criminal defense lawyers in Jefferson County, MO. With over 30 years of experience between us, we’re capable of defending your case and motivated to see you get more favorable outcomes.
If you need the help of assault lawyers in Festus, MO, today, Call Grafe & Batchelor at 636-933-9151 to schedule a free consultation and discuss your case.
Types of Assault in Jefferson County, MO
Currently, there are four types of assault statutes in Missouri. These are:
Fourth Degree Assault
If you threaten an individual and they fear they will sustain immediate injuries through your actions (directly or indirectly), you could be charged with Assault in the Fourth Degree.
There are also other conditions that qualify for this charge. These include:
- Intentionally placing your hands on the victim in a manner designed to be provocative, intimidating, offensive, or annoying
- Recklessly causing illness or injury to the victim or making an effort to do that through your actions
- Causing physical injury using your firearm negligently
- Acting carelessly and putting others in danger of serious harm or death
- Intentionally placing your hands on a disabled person in a manner that’s threatening to them or designed to provoke them
Anyone accused of Fourth Degree Assault is likely to be charged with a misdemeanor. This is usually a Class C misdemeanor, but can be upgraded to a Class A misdemeanor if the victim in question is a “special victim” such as an emergency worker or the elderly.
Third Degree Assault
People who knowingly or intentionally cause other people physical harm or injury are typically charged with Assault in the Third Degree. This is usually prosecuted as a Class E felony. However, if this attack or injury is inflicted on a “special victim,” this will be upgraded to a Class D felony charge.
Second Degree Assault
This category specifically addresses the element of passion in an assault case. You will be charged with second-degree assault if you do one or more of the following:
- Attempting to kill or cause physical injury to someone in a fit of passion. The same applies to knowingly inflicting physical injury on someone while under the influence of sudden passion. This is often synonymous with voluntary manslaughter minus the element of the death
- Attempting to cause or intentionally inflicting physical injury on someone else using a deadly instrument or weapon
- Causing physical harm to another person through the reckless discharge of a firearm
- Recklessly inflicting physical injury on another person
- Acting with criminal negligence while under the influence of drugs or alcohol, and hurting someone else in the process
This is usually prosecuted as a Class D felony, but it can be upgraded to a Class B felony if there’s a “special victim” involved.
First Degree Assault
This category involves knowingly causing or attempting to cause someone else severe injury. It’s also the category for people who commit the crime of attempted murder. This is a Class B felony, but again, it could be upgraded to Class A felony if there’s a “special victim” involved.
What is a “Special Victim” in Missouri?
In Missouri, there’s a category of residents who are considered “special victims.” This designation is largely determined by age, job role, and physical abilities. Examples of special victims in Missouri include:
- All law enforcement agents– including corrections and probation officers
- Elderly and senior citizens
- People with disabilities
- Emergency workers
- Vulnerable residents
- Construction workers on the highway
- Mass transit employees
- Cable employees
- Utility workers
What are the Penalties for Assault in Festus, Missouri?
If the prosecution files a Class A or B felony charge against you, you could be looking at spending a minimum of 5 years or up to 30 years in jail if convicted.
People charged and convicted with Class D felony may end up spending up to 7 years behind bars and/or a maximum fine of $10,000. Class E felony charges can earn up to 4 years in jail and/or up to a $10,000 fine.
Class A misdemeanor charges can earn up to 1 year in jail and/or a max of $2,000 in fines. Class C misdemeanors can earn a 15-day jail term and/or a max of $750 in fines.
How Can Grafe & Batchelor Help?
As skilled lawyers in Festus, MO, we are eager to fight for you. We have experience with assault cases, and we want to use that experience to help you.
Don’t waste any more time. Call Grafe & Batchelor today at 636-933-9151 to schedule a free consultation and discuss your case.