Can You Be Charged With Assault for Defending Yourself in St. Louis?

In Missouri, the law recognizes the right to defend oneself. But that does not mean someone won’t be charged with assault, yes, even if they were hit first.

Whether the actions were legally justified depends on the specific circumstances, the amount of force used in response, and what the person reasonably believed at the time of the incident.

Missouri Law on Self-Defense (RSMo. 563.031)

Missouri law allows people to use force, including deadly force, in limited situations if they reasonably believe it is necessary to protect themselves or others. This is codified in Missouri Revised Statutes § 563.031.

According to the statute:

“A person may… use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person…” (§ 563.031.1)

This means that, legally, what matters is what the person believed at the time, not just what actually happened. But there are limits.

Justification Is a Defense, Not a Shield from Charges

Here’s what many people don’t realize: even if the use of force was justified, a person can still be arrested and charged. Why? Because justification (self-defense) is a legal defense, not a guarantee that charges won’t be filed.

Law enforcement officers usually aren’t on the scene when the incident happens. If both people involved have visible injuries or conflicting stories, the police may choose to arrest both parties and let the court process sort it out. In many cases, it will be up to the defense attorney to raise self-defense at the appropriate time during the criminal proceedings.

Who Started It? Understanding the “Initial Aggressor” Rule

One of the most important concepts in Missouri self-defense law is the idea of the “initial aggressor.” Missouri law says that the right to use physical force does not apply if:

“The actor was the initial aggressor…” (§ 563.031.1(1))

But there are exceptions. Even if the person was the initial aggressor, the use of force may still be justifiable if:

• They clearly withdrew from the encounter and made that clear to the other person, and
• The other person continued to use or threaten to use unlawful force.

In that case, the use of force after the other person re-engages may still be considered lawful.

Proportional Force Matters

Another key part of Missouri law is proportionality. Just because someone shoved someone else does not mean that person is legally allowed to punch them in the face, or worse. The law requires that any force used in response must be proportional to the threat.

For example:

• If someone slaps another person and that person responds by pulling out a weapon, the response may not be viewed as proportional.
• If someone lunges with a knife and significant force is used to stop them, that response may be justified under § 563.031.2.

Whether the response was proportional will depend on the facts and how a prosecutor, or judge, or jury, interprets those facts.

Missouri’s “No Duty to Retreat” Rule

Missouri does not require people to retreat before using force, provided that they are in a place where they have a legal right to be.

Specifically, § 563.031.3 says a person does not have to retreat from:

• A dwelling, residence, or vehicle they lawfully occupy
• Private property they own or lease
• Any other location where they have a legal right to be

This is often referred to as Missouri’s version of the “Stand Your Ground” law. But that doesn’t mean anything goes. A person must still meet all the other requirements of lawful self-defense—particularly that their belief in the need for force was reasonable under the circumstances.

Why a Person Might Still Be Charged With Assault

Even if someone hit first, here are some common reasons an individual might still face an assault charge in Missouri:

1. Conflicting Stories

If the other person denies being the aggressor and there are no witnesses or video footage, law enforcement may decide to file charges against both parties, or only against the person who responded.

2. Escalation of Force

If the response is viewed as excessive, prosecutors may argue that the individual went beyond what was necessary to defend themselves. This is especially likely if injuries were severe or a weapon was used.

3. Retaliation After the Threat Has Passed

If the initial attack ended and a response came later—after the person walked away or stopped—the law may view that response as retaliation rather than self-defense.

4. Misunderstanding of the Situation

Sometimes, a perceived threat is mistaken for an actual one. If it turns out the other person’s actions did not justify the use of force, prosecutors may challenge whether the belief in the threat was truly reasonable.

Self-Defense is a Legal Issue—Not Just a Moral One

Many people believe that if they were defending themselves, they should be automatically cleared of wrongdoing. But the legal system doesn’t work that way. Self-defense is a legal justification that must be raised and proven during the legal process.

In Missouri, the burden of raising the issue of self-defense falls on the defendant. Once the defense presents some evidence that their actions were justified under § 563.031, the burden shifts to the prosecution to prove, beyond a reasonable doubt, that the force used was not justified.

This is a complicated legal issue that requires careful analysis and advocacy.

What to Do If You’re Facing Assault Charges After a Self-Defense Situation

If you were charged with assault in Missouri, even though someone else hit you first, you are not alone. These types of cases are more common than you might think, and the outcomes often depend on what happens after the incident.

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys regularly handle assault charges and are well-versed in Missouri’s self-defense laws. Whether it’s a Misdemeanor or a more serious felony-level charge, we work closely as a team to help people move forward.

We know the prosecutors and judges in St. Louis-area courts. We understand how these cases are handled and what it takes to assert a self-defense claim effectively and persuasively.

Don’t Assume the Law Protects Automatically

Being in the right morally doesn’t mean you’re in the clear legally. Missouri’s self-defense laws are favorable in many respects, but they are also nuanced. A single misstep, misunderstanding, or poor explanation can lead to serious criminal consequences.

If you’ve been charged with assault and believe you were acting in self-defense, speak to a criminal defense attorney as soon as possible. Our team at Rose Legal Services is here to help good people get a second chance, because being charged is not the same as being found guilty.

Your defense starts with a conversation.