In Missouri, the criminal charge of assault can have serious consequences that could include prison time. It is important that you consult with a criminal defense attorney immediately if you are charged with this type of crime. Criminal lawyer Justin Summary of The Summary Law Firm has represented clients charged with all of the degrees of assault listed below. If you need a criminal attorney with experience defending assault charges contact The Summary Law Firm today!
As many criminal defense lawyers are aware, the varying degrees of assault charges can carry a wide range of punishment all the way from an A felony (punishment up to 30 years in the department of corrections) down to an A misdemeanor (punishment up to 1 year in the county jail). The degrees of assault start with the first (1st) degree, which is the most serious, and go down to the third (3rd) degree, which is the least serious of the assault charges.
Assault in the First Degree
An assault in the first (1st) degree charge is one that alleges that a person was attempting to kill or knowingly causing (or attempting to cause) a serious physical injury to another person.
Assault in the Second Degree
An assault in the second (2nd) degree charge can be similar to an assault in the first (1st) degree charge but is mitigated somewhat by the fact that the accused was acting out of a "sudden passion". Some other common ways assault in the second (2nd) degree charges can be brought are when a person:
- attempts to cause or knowingly causes physical injury to another person by using a deadly weapon.
- recklessly causes serious physical injury to another person.
- operates a motor vehicle while intoxicated and negligently causes physical injury to another person.
- recklessly causes physical injury to another person by means of discharging a firearm
Assault in the Third Degree
Assault in the third (3rd) degree charges are proper when someone is accused of attempting to cause (or recklessly causing) physical injury to another person. Some other instances where an assault in the third (3rd) degree charge is proper to include when a person:
- acts with criminal negligence and causes physical injury to another person by using a deadly weapon.
- purposely places another person in apprehension of immediate physical injury.
- recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person.
- knowingly causes physical contact with another person knowing the other person would regard the contact as offensive.
If you or a loved one have been charged with an assault crime you need a criminal attorney familiar with Missouri assault laws. Contact St. Louis defense attorney Justin Summary today for your free case evaluation.
Domestic Assault and Assault on a Law Enforcement Officer
One final type of assault charge is an assault of a law enforcement officer. These assaults include not only law enforcement officers but also corrections officers, emergency personnel, highway workers and probation, and parole officers. The degrees of these types of assaults are also similar to guidelines mentioned above. Regardless of which category of assault you are charged with you need an experienced criminal lawyer to defend you. If you are charged with the crime of assault in the Greater St. Louis Missouri area, The Summary Law Firm has the knowledge you need in your corner. Contact St. Louis criminal lawyer Justin Summary today for your free consultation!