Arrested or Charged with Domestic Assault in the First Degree (RSMo § 565.072) in Missouri?

Being charged with Domestic Assault in the First Degree is one of the most serious criminal accusations someone can face in Missouri. The potential consequences include decades in prison, substantial fines, and a permanent felony record that affects every aspect of life.

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Domestic Assault is one of our most common types of cases, so all of our attorneys are very experienced and well-trained in this type of case. We understand the stakes, and we know how to build a strong defense.

What Is Domestic Assault in the First Degree Under Missouri Law?

Under RSMo § 565.072, the statute defines the offense as follows:

“A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term ‘domestic victim’ is defined under section 565.002.”

To convict someone of Domestic Assault in the First Degree, the prosecution must prove beyond a reasonable doubt that the defendant:

• Attempted to kill a domestic victim, OR
• Knowingly caused or attempted to cause serious physical injury to a domestic victim

Either way, the prosecution must prove that the victim falls under Missouri’s definition of a “domestic victim.”

Who is Considered a “Domestic Victim” in Missouri?

Missouri law (RSMo § 565.002) defines specific relationships that qualify someone as a “domestic victim” as a household or family member. These include:

• Spouses or former spouses
• Persons related by blood or marriage
• Persons who are presently residing together or have resided together in the past
• Persons who have a child in common, regardless of whether they have been married or have resided together at any time
• Persons who are presently in a continuing social relationship of a romantic or intimate nature

The domestic relationship is what distinguishes Domestic Assault from regular Assault charges. The same conduct could result in different charges depending on the relationship between the parties involved.

Penalties for Domestic Assault in the First Degree

The penalties for Domestic Assault in the First Degree depend on whether serious physical injury was actually inflicted. Under RSMo § 565.072:

“The offense of domestic assault in the first degree is a Class B Felony unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a Class A Felony.”

Class B Felony (Without Serious Physical Injury)

If the defendant attempted to kill or attempted to cause serious physical injury, but did not actually inflict serious physical injury, the charge is a Class B Felony, which carries:

• 5 to 15 years in prison
• A permanent felony conviction

Class A Felony (With Serious Physical Injury)

If serious physical injury was actually inflicted on the victim, the charge elevates to a Class A Felony, which carries:

• 10 to 30 years or life imprisonment
• Fines as determined by the court
• A permanent felony conviction

Furthermore, under Section 556.061(19) of the Revised Statutes of Missouri, Domestic Assault in the First Degree is defined to be a “dangerous felony.” That means that, under Section 558.019.3 of the Revised Statutes of Missouri, any person committed to the Department of Corrections for this offense must serve at least 85% of the sentence (or until the person has reached 70 years of age and served at least 40% of the sentence) before being eligible for parole or conditional release. And, if the defendant has previously been found guilty of a Class A or Class B Felony or if the offense involved the use of a deadly weapon, then he or she will be ineligible for probation under Section 557.045 of the Revised Statutes of Missouri.

In addition to these criminal penalties, a conviction can result in:

• Loss of firearm ownership rights
• Difficulty finding employment
• Housing restrictions
• Loss of professional licenses
• Immigration consequences
• Loss of custody or visitation rights with children

How Is Domestic Assault in the First Degree Different from Other Domestic Assault Charges?

Missouri recognizes four degrees of Domestic Assault, each with different elements and penalties.

Domestic Assault in the First Degree is the most serious and requires proof of an attempt to kill or knowingly causing or attempting to cause serious physical injury.

Domestic Assault in the Second Degree (RSMo § 565.073) involves knowingly causing physical injury to a domestic victim by any means, including use of a deadly weapon, choking, or strangulation, or recklessly causing serious physical injury. This is a Class D Felony.

Domestic Assault in the Third Degree (RSMo § 565.074) involves attempting to cause physical injury or knowingly causing physical pain or illness to a domestic victim. This is a Class E Felony.

Domestic Assault in the Fourth Degree (RSMo § 565.076) involves attempting to cause or recklessly causing physical injury, placing a domestic victim in apprehension of immediate physical injury, or knowingly causing offensive physical contact. This is typically a Class A misdemeanor, though it can become a Class E Felony for repeat offenders.

What Happens After a Domestic Assault Arrest in Missouri?

Missouri does not have a mandatory arrest law for domestic violence situations. Law enforcement officers can use their discretion when responding to domestic violence calls. However, if there is more than one call to the same location within a 12-hour period, officers must make an arrest, regardless of the circumstances. And generally, law enforcement officers are heavily inclined to make an arrest on any report of domestic violence.

The Right to Remain Silent

If law enforcement arrests someone for Domestic Assault in the First Degree, that person has the right to remain silent and the right to an attorney. It is critical not to answer any questions or speak to police until after contacting an attorney. To invoke these rights, someone can say:

• “I wish to remain silent until my attorney is present”
• “I plead the fifth”
• “I will not answer any questions without speaking to my lawyer first”
• “I invoke my right to remain silent”

Cooperating with officers does not mean answering their questions. Invoke Miranda rights and contact an attorney immediately.

Can the Alleged Victim Drop the Charges?

No. This is one of the most common misconceptions about domestic assault cases. In Missouri, the prosecuting attorney’s office represents the state (or, in municipal cases, the city or county), while the alleged victim is considered a witness to the case.

It is not within the alleged victim’s power to “drop” the charges. The case belongs to the government, and the prosecutor ultimately decides whether to pursue prosecution. Even if the alleged victim approaches the prosecutor directly and requests that charges be dropped, the answer will almost certainly be “no.”

In the jurisdictions in which we practice, prosecuting attorneys’ offices often maintain a strict “no-drop” policy when it comes to domestic assault charges. This means they are unlikely to voluntarily dismiss these charges.

However, this does not mean all hope is lost. The defendant still has rights, including the right to insist that the government prove its case beyond a reasonable doubt.

How Domestic Assault in the First Degree Charges Can Be Dismissed or Defended

While prosecutors in domestic assault cases rarely drop charges voluntarily, there are several ways these cases can be dismissed or result in a not guilty verdict.

Lack of Witnesses at Trial or Preliminary Hearing

Often in Domestic Assault cases, there are just two key witnesses: the alleged victim and the defendant. When the case proceeds to a preliminary hearing or trial, prosecutors rely on these witnesses to make their case.

The Fifth Amendment affords defendants a right against self-incrimination; therefore, in a criminal case, they cannot be compelled to testify. In a Domestic Assault case, this may leave the alleged victim as the prosecutor’s only witness.

However, there are instances when the alleged victim fails to respond to subpoenas or doesn’t show up in court as required. When this happens, we move to dismiss the case for “failure to prosecute.” We inform the court that we were fully prepared to proceed, but the prosecutor does not have a key witness.

In felony cases like Domestic Assault in the First Degree, such a dismissal may occur at the preliminary hearing, which is a hearing where the court must determine whether there is probable cause to believe the defendant committed the offense.

Spousal Privilege

In Missouri, spousal privilege is a legal principle that prohibits the court from compelling a spouse to testify against the other. This means that if the alleged victim is legally married to the defendant and chooses not to testify, the court cannot force them to do so, potentially weakening the case and leading to dismissal.

However, this decision is solely up to the alleged victim, not the defendant, their attorney, the court, or any other party. The alleged victim must willfully assert their right not to testify based on the spousal testimonial privilege.

Effective Cross-Examination of Witnesses

During a preliminary hearing or trial, the prosecutor must present their witnesses, who are subject to cross-examination by the defense attorney. Effective cross-examination can expose inconsistencies or weaknesses in witness testimony, casting doubt on the prosecution’s case.

In some cases, the prosecution’s witnesses may even provide testimony that favors the defendant, potentially resulting in a case dismissal or a verdict of not guilty.

Failure to Meet Burden of Proof

Ultimately, the prosecution carries the burden of proof in a criminal case. Whether before a judge at a preliminary hearing or in front of a jury at trial, the government must prove the defendant’s guilt beyond a reasonable doubt. If the prosecution fails to meet this burden, the case can result in a verdict of not guilty or even a dismissal.

Self-Defense

Missouri law recognizes the right to use force to defend oneself or others from unlawful force. If the defendant reasonably believed they were in danger and used proportional force to protect themselves, self-defense may apply. This is one of the most common defenses in domestic assault cases.

Defense of Others

Similar to self-defense, Missouri law allows someone to use force to protect another person from what they reasonably believe is the use or imminent use of unlawful force.

Lack of Intent

The statute requires that the defendant “knowingly” caused or attempted to cause serious physical injury. If the injury was accidental or the defendant did not have the required intent, this element cannot be proven.

False Accusations

Unfortunately, false accusations occur in domestic situations, particularly during contentious divorces, custody disputes, or when one party seeks leverage in a legal proceeding. Sometimes people call 911 because they just want the police to “break it up” – not to report a crime. An experienced attorney can investigate the accuser’s motives and expose inconsistencies in their story.

Constitutional Violations

If law enforcement violated the defendant’s constitutional rights during the investigation, arrest, or interrogation, certain evidence may be suppressed, potentially weakening the prosecution’s case.

Don’t Wait to Hire a Domestic Assault Defense Attorney

Domestic Assault in the First Degree charges require immediate legal intervention. Here’s why acting quickly matters:

• Bond hearings happen fast – An attorney can argue for lower bond or release conditions at the initial appearance.
• Evidence preservation – Text messages, photos, medical records, and witness statements need to be secured immediately.
• Orders of protection – These can be challenged or modified with proper legal representation.
• Protecting rights – An attorney ensures their client doesn’t make statements that could be used against them.
• Preliminary hearings – In felony cases, the preliminary hearing is an early opportunity to challenge the prosecution’s case and potentially get charges dismissed.

Why Choose Rose Legal Services for Domestic Assault Defense

At Rose Legal Services, we are passionate about helping good people get a second chance. With years of experience, we have helped many individuals who have been charged, arrested, or investigated for crimes in Missouri.

Domestic Assault is one of our most common types of cases, so all of our attorneys are very experienced and well-trained in this type of case. We believe that a criminal defense practice is highly specialized, requiring full-time focus and attention. Therefore, we are one of the very few law firms in Missouri that dedicate our practice exclusively to criminal defense.

These cases are handled by a collaborative team of attorneys and staff who work together at every stage of the process. When additional investigation is necessary, outside investigators are retained as needed.. We each have specialized roles in the process, and we all work together and collaborate. We will all be working together for the best outcome possible.

We pride ourselves on excellent client service and communication. Our Client Care Specialists and File Managers are available to answer questions and provide updates throughout the case. We also send monthly written matter status reports to every active client.

What to Do When Facing Domestic Assault Charges

If law enforcement has arrested or charged someone with Domestic Assault in the First Degree in Missouri:

1. Exercise your right to remain silent – Do not speak to police or investigators without an attorney present. Use the phrases listed above to invoke your Miranda rights.
2. Do not contact the alleged victim – This can lead to additional charges and will be used against you in court.
3. Seek medical attention if needed – Regardless of your role in a domestic violence altercation, you are entitled to medical treatment. If you sustained injuries, visit a doctor.
4. Document everything – Preserve text messages, emails, photos, medical records, or any evidence that supports your version of events.
5. Contact an experienced criminal defense attorney immediately – The sooner legal counsel is involved, the better the chances of achieving a favorable outcome.

Domestic Assault in the First Degree charges are serious, but a charge is not a conviction. With experienced legal representation, you have options and defenses available.

Don’t face these charges alone. Contact Rose Legal Services today for a consultation. Let us put our experience and dedication to work for you.

Your defense starts with a conversation.