Arrested or Charged with Assault in the Second Degree (RSMo § 565.052) in Missouri?

Being charged with Assault in the Second Degree in Missouri is serious. This is a felony offense that can result in prison time, significant fines, and a criminal record that affects employment, housing, and personal relationships for years to come.

If someone has been arrested or charged with Assault in the Second Degree under RSMo § 565.052, understanding the charges, potential penalties, and available defenses is critical. At Rose Legal Services, we dedicate our practice exclusively to criminal defense, and we have extensive experience representing clients facing assault charges throughout Missouri.

What is Assault in the Second Degree in Missouri?

Under Missouri Revised Statutes § 565.052, a person commits the offense of Assault in the Second Degree if they:

• “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”; or
• “Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument”; or
• “Recklessly causes serious physical injury to another person”; or
• “Recklessly causes physical injury to another person by means of discharge of a firearm.”

Each of these subsections describes a different way someone can be charged with Assault in the Second Degree. The specific facts of the case determine which subsection applies.

Penalties for Assault in the Second Degree

Assault in the Second Degree is classified as a Class D Felony under Missouri law. According to the Missouri criminal classification system, a Class D Felony carries a potential sentence of up to seven years in prison or a special term of imprisonment of up to one year in county jail.

However, if the victim is a “special victim” as defined under RSMo § 565.002, the offense is elevated to a Class B felony. Special victims include:

• Law enforcement officers
• Emergency personnel
• Employees of correctional facilities, jails, or detention centers
• Probation and parole officers
• Elderly persons (60 years or older)
• People with disabilities
• Vulnerable persons
• Highway workers in a work zone
• Utility workers
• Healthcare workers

A Class B felony carries a potential sentence of five to 15 years in prison. There is no option for a special term of imprisonment in county jail for Class B felonies.

Beyond imprisonment, a conviction for Assault in the Second Degree can result in:

• Fines of up to $10,000
• Probation with strict conditions
• A permanent felony criminal record
• Loss of certain civil rights, including firearm possession
• Difficulty finding employment or housing
• Immigration consequences for non-citizens

Defenses to Assault in the Second Degree Charges

If someone has been charged with Assault in the Second Degree, several defenses may be available depending on the circumstances of the case.

Self-Defense

Missouri law allows individuals to use physical force to defend themselves or others from what they reasonably believe to be the use or imminent use of unlawful force. This defense is codified in RSMo § 563.031.

To successfully claim self-defense, the defendant must show that:

• They reasonably believed that force was necessary to defend themselves or another person
• The force used was proportional to the threat faced
• They were not the initial aggressor (or had withdrawn from the encounter if they were)

Self-defense is an affirmative defense, meaning the defendant must present evidence supporting it. Once presented, the burden shifts to the prosecution to disprove self-defense beyond a reasonable doubt.

Defense of Others

Similar to self-defense, Missouri law permits the use of force to protect another person from unlawful force under RSMo § 563.031. The same principles apply: the belief in the necessity of force must be reasonable, and the force used must be proportional.

Lack of Intent or Recklessness

For charges under subdivisions (2) and (3) of § 565.052, the prosecution must prove that the defendant acted knowingly or recklessly. If the injury was truly accidental and did not result from reckless behavior, this may serve as a defense.

Mistaken Identity

In some cases, the wrong person is accused of the assault. Witness misidentification, poor lighting, or lack of physical evidence linking the defendant to the crime can all support a mistaken identity defense.

Insufficient Evidence

The prosecution must prove every element of the offense beyond a reasonable doubt. If there is insufficient evidence to establish that the defendant committed the alleged act, or that the required mental state existed, the charges may be reduced or dismissed.

Constitutional Violations

If law enforcement violated the defendant’s constitutional rights during the investigation, arrest, or interrogation, evidence obtained as a result may be suppressed. This can significantly weaken the prosecution’s case.

What to Do After Being Charged with Assault in the Second Degree

If someone has been arrested or charged with Assault in the Second Degree in Missouri, here’s what they should do:

1. Remain silent and request an attorney immediately. Anything said to law enforcement can be used against them in court. Exercising the right to remain silent and requesting an attorney are constitutionally protected rights.
2. Do not discuss the case with anyone except an attorney. This includes friends, family, and especially on social media. Statements made to others can be used as evidence.
3. Preserve any evidence that supports the defense. This may include text messages, emails, photos, videos, or witness contact information.
4. Do not contact the alleged victim. Contact with the victim can result in additional charges, such as witness tampering or violation of a protective order if one has been issued.
5. Consult with an experienced criminal defense attorney as soon as possible. The sooner an attorney is involved, the better the chances of achieving a favorable outcome.

How Rose Legal Services Can Help

At Rose Legal Services, we have extensive experience defending clients against assault charges in Missouri. We understand that people make mistakes and that sometimes, people are wrongfully accused. Our approach is never to judge—our mission is to provide the strongest possible defense for every client we represent.

When someone works with our firm, they benefit from:

• Attorneys who focus solely on criminal defense
• A team approach that brings multiple perspectives to the case
• Thorough investigation of the allegations and evidence
• Strategic defense planning tailored to the specific circumstances
• Clear communication throughout the legal process

We know the prosecutors and judges in Missouri courts. We understand how these cases are handled and what it takes to defend against assault charges effectively.

Assault in the Second Degree Charges Require Immediate Action

Assault in the Second Degree is a serious felony charge in Missouri. A conviction can result in years in prison and lifelong consequences. But being charged is not the same as being convicted.

If someone has been arrested or charged with Assault in the Second Degree under RSMo § 565.052, they need experienced legal representation immediately. At Rose Legal Services, we are here to help good people get a second chance.

Your defense starts with a conversation.