Aggravated Assault in Missouri: Penalties, Defenses, and What to Expect

Assault charges in Missouri can range from misdemeanors to serious felonies, depending on the circumstances. The most severe type is aggravated assault, which carries substantial prison time if convicted.

If you’re facing aggravated assault charges, you likely have questions about the law, the potential consequences, and how to defend yourself. At Rose Legal Services, we help defend people accused of serious crimes, including assault. Let’s examine what aggravated assault means in Missouri and what you need to know.

How Does Missouri Define Aggravated Assault?

Missouri has several degrees of assault charges. Aggravated assault generally refers to Assault 1st Degree under Section 565.050 RSMo.

A person commits Assault 1st Degree if they attempt to kill or knowingly cause or attempt to cause serious physical injury to another person.

“Serious physical injury” means injury that creates a substantial risk of death, causes serious disfigurement, or protracted loss or impairment of the function of any body part. Examples could include injuries like:

  • Broken bones
  • Severe lacerations requiring extensive suturing
  • Injuries requiring surgery
  • Traumatic brain injuries
  • Internal organ damage

Assault 1st Degree is a class B felony. However, it becomes a class A felony if:

  1. The victim suffers serious physical injury, or
  2. The victim is a “special victim” such as a law enforcement officer, emergency personnel, elderly person, person with a disability, or highway worker in a construction or work zone

As a class B felony, Assault 1st Degree carries 5 to 15 years in prison. If charged as a class A felony, the range increases to 10 to 30 years or life. Assault 1st Degree is also classified as a “dangerous felony” under Missouri law, which means that any person convicted of the offense must serve at least 85% of any sentence, pursuant to Section 558.019.3, RSMo. unless such person is 70 years of age.

Other assault crimes like Assault 2nd Degree (Section 565.052 RSMo) may also be considered “aggravated” assault in some contexts. Assault 2nd Degree occurs when a person attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause.

Assault 2nd Degree can also be proven if a person attempted to cause or knowingly caused physical injury to another person by means of a deadly weapon or dangerous instrument, recklessly caused serious physical injury to another person, or recklessly caused physical injury to another person by means of discharge of a firearm. It is a class D felony unless the victim is a special victim, in which case it’s a class B felony.

How Are Aggravated Assault Cases Proven?

To convict someone of Assault 1st Degree, prosecutors must prove beyond a reasonable doubt that the defendant:

  1. Attempted to kill or knowingly caused or attempted to cause serious physical injury to another person, and
  2. Did so purposely (not by accident or mistake)

This requires evidence of the defendant’s actions and mental state. Common types of evidence in assault cases include:

  • Victim and witness testimony about what occurred
  • Statements made by the defendant before, during, or after the alleged assault
  • Medical records documenting the extent of the victim’s injuries
  • Photographs of injuries
  • Recordings from surveillance cameras or cell phones
  • Forensic evidence like DNA or fingerprints connecting the defendant to the crime
  • Testimony from medical experts about the severity of injuries
  • Evidence of prior conflicts or “bad blood” between the defendant and alleged victim

In some cases, self-defense or defense of others may justify the use of force and negate the mental state required for assault. Under Section 563.031 RSMo, a person can use physical force when they reasonably believe it is necessary to defend themselves or another against the imminent use of unlawful force.

However, self-defense law in Missouri is nuanced. It requires the force used to be reasonable and proportional to the threat faced. The defendant also must not have been the initial aggressor, unless he or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force, or he or she is a law enforcement officer, or the aggressor is justified by state law. Likewise the defendant cannot have been attempting to commit, committing, or escaping after the commission of a forcible felony. An experienced assault attorney can assess whether self-defense may apply in your case.

Are There Possible Defenses to Aggravated Assault Charges?

Yes, several potential defenses may be available in an aggravated assault case, depending on the facts, such as:

  • Innocence/mistaken identity – The defendant did not commit the acts alleged and has been wrongly accused. This defense focuses on undermining eyewitness identifications and other evidence connecting the defendant to the crime.
  • Lack of intent – The defendant did not act purposely and lacked the required mental state for the offense. For instance, they were acting recklessly or negligently rather than intentionally.
  • Self-defense/defense of others – As discussed above, the defendant reasonably used force to defend himself or another. The defendant may argue the alleged victim was the true aggressor.
  • Consent – The alleged victim consented to the acts that caused their injury, such as during a sporting event or mutual combat. Consent can negate an assault charge.
  • Insanity or diminished capacity – The defendant had a mental disease or defect that prevented them from appreciating the nature, quality, or wrongfulness of their conduct.

Your lawyer will carefully review the evidence and circumstances to identify the most viable defenses in your case. Even if a complete defense is not available, mitigating factors may be used to argue for reduced charges or sentencing.

We’re Here to Protect Your Rights and Freedom

Aggravated assault is one of the most severe charges you can face short of homicide. With the threat of decades behind bars, it’s critical to have an experienced defense attorney in your corner.

At Rose Legal Services, assault cases are one of the most common types of cases we handle across Missouri. Our team knows what it takes to defend against even the toughest charges.

Don’t face these serious allegations alone. Contact Rose Legal Services today for a confidential case review. Let us put our decades of experience and advocacy to work to protect your rights and secure your future. Your freedom is our top priority.

Author Bio

Scott Rose, an experienced criminal defense lawyer and founder of Rose Legal Services, has been practicing law for over 20 years. He is dedicated to representing clients facing criminal charges and providing legal representation on various cases, including DWI, misdemeanor, and felony cases.

After graduating from the University of Virginia School of Law, he gained valuable experience working for a United States Senator and as a Judicial Law Clerk for the Chief Judge of a United States District Court. Throughout his legal career, W. Scott Rose has committed to providing high-quality legal representation to his clients, earning him a spot in the National Top 100 Trial Lawyers.

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