Domestic Violence Penalties in Missouri

Missouri prosecutes domestic violence under four separate domestic assault statutes — §§ 565.072 through 565.076, RSMo — that apply when the alleged victim is a “domestic victim” as defined under § 455.010 and § 565.002.¹

Domestic Assault in the First Degree (§ 565.072)

Conduct: Attempting to kill a domestic victim, knowingly causing serious physical injury, or attempting to cause serious physical injury.²

Classification and Sentence:

Circumstance	Classification	Sentence Range
Attempt to kill or attempt SPI — no SPI inflicted	Class B Felony	5–15 years
Serious physical injury actually inflicted	Class A Felony	10–30 years or Life

Dangerous Felony — 85% Mandatory Minimum: Domestic assault in the first degree is a dangerous felony under § 556.061(19), RSMo.³ Under § 558.019, RSMo, 85% of the sentence must be served before any parole eligibility — no exceptions, no credits, no early release. A 15-year sentence means a minimum of 12 years and 9 months in prison before parole is even possible.

Domestic Assault in the Second Degree (§ 565.073)

Conduct: Knowingly causing physical injury to a domestic victim — including by choking or strangulation — recklessly causing serious physical injury, or recklessly causing physical injury with a deadly weapon.⁴

The strangulation provision is particularly significant: an allegation of hands around the throat, even without visible injury or bruising, supports a Class D Felony charge under § 565.073.

Classification: Class D Felony — up to 7 years in prison.⁴

Under SB 888 (2026), Class D felonies now carry a mandatory minimum of 25% of the sentence served before parole eligibility.⁵

Domestic Assault in the Third Degree (§ 565.074)

Conduct: Attempting to cause physical injury to a domestic victim, or knowingly causing physical pain or illness.⁶

An attempt — without actual contact or injury — is sufficient for this charge. This is a lower threshold than general assault in the third degree, which requires that physical injury actually be caused.

Classification: Class E Felony — up to 4 years in prison.⁶

Under SB 888 (2026), Class E felonies carry a mandatory minimum of 25% served before parole eligibility.⁵

Domestic Assault in the Fourth Degree (§ 565.076)

Conduct: Recklessly causing physical pain or injury, causing injury through criminal negligence with a firearm, purposely placing a domestic victim in apprehension of immediate physical injury, recklessly creating a substantial risk of death or serious injury, causing offensive physical contact, or isolating a domestic victim by restricting access to persons, telecommunications, or transportation.⁷

The isolation subsection — the sixth form of fourth-degree domestic assault — requires no physical contact and no threat. Controlling or restricting a domestic partner’s communications or movement is a Class A Misdemeanor offense.

Classification:

Circumstance	Classification	Sentence Range
No prior DV or assault conviction	Class A Misdemeanor	Up to 1 year
Any prior DV or assault conviction (automatic)	Class E Felony	Up to 4 years

Summary — All Four Degrees

Offense	Statute	Classification	Range	Dangerous Felony?	2026 Parole Min.
DA 1st — attempt/SPI	§ 565.072	Class B Felony	5–15 years	YES — 85%	85%
DA 1st — SPI inflicted	§ 565.072	Class A Felony	10–30 yrs / Life	YES — 85%	85%
DA 2nd	§ 565.073	Class D Felony	Up to 7 years	No	25%
DA 3rd	§ 565.074	Class E Felony	Up to 4 years	No	25%
DA 4th (no prior)	§ 565.076	Class A Misd	Up to 1 year	No	N/A
DA 4th (with prior)	§ 565.076	Class E Felony	Up to 4 years	No	25%

Collateral Penalties — The Consequences Beyond the Sentence

Federal Firearms Prohibition — Applies to All Degrees

Under 18 U.S.C. § 922(g)(9), any conviction for a “misdemeanor crime of domestic violence” permanently prohibits firearm possession under federal law.⁸ Under 18 U.S.C. § 922(g)(1), any felony conviction — including domestic assault in the first, second, or third degree — also carries a lifetime federal firearms prohibition.⁸

This means:

• A first-offense fourth-degree domestic assault misdemeanor conviction triggers the lifetime federal firearms ban
• A domestic assault felony conviction at any level also triggers the lifetime federal ban
• The ban covers ownership, possession in any form, purchasing, and access
• The ban is not removed by completing probation, paying fines, or successfully completing any program
• A Missouri expungement does not eliminate the federal prohibition — federal law governs federal rights

For clients who own firearms, hold a concealed carry permit, hunt, work in law enforcement or security, or serve in the military, this consequence can be more significant than the criminal sentence itself.

Permanent No-Expungement Bar — Applies to All Degrees

All domestic assault offenses — at every degree, misdemeanor or felony — are permanently ineligible for expungement under § 610.140(2), RSMo.⁹ This applies equally to:

• A first-offense Class A Misdemeanor conviction
• A Class E Felony conviction
• A Class D Felony conviction
• A Class B or Class A Felony conviction

There is no waiting period. There is no petition process. There is no judge who can expunge a domestic assault conviction in Missouri. The record is permanent.

Protection Orders

A full order of protection under Chapter 455, RSMo can be issued following an arrest for domestic assault — restricting housing, contact with the alleged victim and shared children, and custody arrangements.¹⁰ Violation of a protection order is separately chargeable:

Violation	Classification
First violation	Class A Misdemeanor
Second violation	Class E Felony
Violation + physical assault	Class D Felony
Violation + prior DV conviction	Class D Felony

Prior Assault Offender Enhancement

Missouri’s prior and persistent assault offender statute (§ 565.079) provides for enhanced sentencing when the defendant has qualifying prior assault convictions.¹¹

A prior assault offender — one qualifying conviction within 5 years — faces a sentence range one class level higher. A persistent assault offender — two or more qualifying convictions within 10 years — faces a range two class levels higher. The enhancement eliminates SIS and SES availability and imposes a minimum 6-month incarceration requirement before probation or parole eligibility.¹¹

Custody and Family Court

Missouri courts consider domestic violence as a factor in determining the best interests of the child in custody proceedings.¹² A domestic assault conviction — at any level — carries substantial weight in family court and can significantly alter custody and visitation arrangements. Even a pending charge, without a conviction, can be raised in family court proceedings.

Batterer Intervention Program

Courts may require completion of a certified batterer intervention program as a condition of any probation or supervised release under § 595.320, RSMo.¹³ These programs typically run 26 to 52 weeks and require active participation and completion — failing to complete the program can result in probation revocation.

Employment and Professional Licensing

Domestic assault convictions appear on background checks and can disqualify applicants from positions in healthcare, education, law enforcement, military service, government employment, and any profession requiring a license. Many employers have categorical disqualification policies for domestic violence convictions.

Immigration Consequences

For non-citizens, a domestic violence conviction can trigger removal proceedings, visa cancellation, denial of naturalization, and bars to reentry under federal immigration law, which specifically designates domestic violence as a deportable offense.

Facing Domestic Violence Charges in Missouri?

Rose Legal Services defends domestic assault charges at every level — from first-offense misdemeanors through Class A dangerous felonies — in St. Louis County (21st Circuit), St. Louis City (22nd Circuit), St. Charles County (11th Circuit), and Jefferson County (23rd Circuit). Our attorneys handle the criminal charge, protection order proceedings, and collateral consequences simultaneously.

Flat-fee pricing. Flexible payment plans. Free consultations available 24/7. Call Rose Legal Services — the defense starts with a conversation.

References

1. § 565.002, RSMo; § 455.010, RSMo [Domestic victim — definition and broad relationship categories].
2. § 565.072, RSMo [Domestic assault in the first degree — elements].
3. § 556.061(19), RSMo; § 558.019, RSMo [Dangerous felony — 85% mandatory minimum, domestic assault 1st included].
4. § 565.073, RSMo [Domestic assault in the second degree — strangulation, Class D Felony].
5. SB 888 (2026); § 558.019, RSMo [Class D and E felonies — 25% mandatory minimum before parole].
6. § 565.074, RSMo [Domestic assault in the third degree — attempt or pain/illness, Class E Felony].
7. § 565.076, RSMo [Domestic assault in the fourth degree — six subsections, isolation, Class A Misdemeanor / Class E Felony with prior].
8. 18 U.S.C. § 922(g)(1), (g)(9) [Federal firearms prohibition — felony conviction and misdemeanor domestic violence conviction, permanent].
9. § 610.140(2), RSMo [Domestic assault — all degrees permanently ineligible for expungement].
10. § 455.040, RSMo; § 455.085, RSMo [Orders of protection — ex parte, full order, violation penalties].
11. § 565.079, RSMo [Prior and persistent assault offender — enhancement, SIS/SES elimination, 6-month incarceration minimum].
12. § 452.375, RSMo [Best interests of the child — domestic violence as factor in custody determination].
13. § 595.320, RSMo [Batterer intervention program — court-ordered condition of probation].