Domestic Assault in the Third Degree in Missouri
Third-Degree Domestic Assault in Missouri Is a Misdemeanor — But the Fallout Is Real
A conviction can trigger protective orders, affect custody arrangements, and create a criminal record that's hard to leave behind.
Domestic assault in the third degree is a Class E Felony in Missouri, up to 4 years in prison. While it is the second-lowest level of domestic assault, it is still a felony, and a conviction carries a permanent no-expungement bar and a federal firearms prohibition that lasts a lifetime.
What Is Domestic Assault in the Third Degree?
Under RSMo § 565.074, a person commits domestic assault in the third degree when they commit either of the following acts against a domestic victim:
- Attempt to cause physical injury to a domestic victim, OR
- Knowingly cause physical pain or illness to a domestic victim¹
This charge covers two categories of conduct. The first targets attempted harm — the attempt itself is sufficient, even if no physical contact was made and no injury resulted. The second targets intentional infliction of physical pain or illness — contact that causes pain, even without a visible injury.
Third-Degree Domestic Assault May Be the Lowest Felony-Level Charge — But It Still Demands a Real Defense
How Third-Degree Domestic Assault Differs from Other Degrees
The threshold for third-degree domestic assault is notably lower than general assault in the third degree (§ 565.054), which requires that physical injury actually be caused. Under § 565.074, an attempt to cause physical injury — without any contact or injury resulting — is sufficient for the charge.¹
This creates a practical reality: a domestic argument that escalates to a swing that misses, a shove attempt that is blocked, or any conduct directed at causing injury that does not connect can be charged as a Class E Felony under § 565.074. The attempt — not the result — is the offense.
Compared to the other domestic assault degrees:
| Offense | Key Conduct | Classification |
|---|---|---|
| Domestic Assault 1st (§ 565.072) | Attempts to kill or causes/attempts serious physical injury | Class B/A Felony |
| Domestic Assault 2nd (§ 565.073) | Knowingly causes physical injury (including strangulation) | Class D Felony |
| Domestic Assault 3rd (§ 565.074) | Attempts to cause physical injury OR knowingly causes pain/illness | Class E Felony |
| Domestic Assault 4th (§ 565.076) | Recklessly causes pain, places in apprehension, offensive contact, isolation | Class A Misd |
Who is a “Domestic Victim”?
The domestic assault statutes apply when the alleged victim falls within the categories defined under § 565.002 and § 455.010, RSMo:²
- Current or former spouses
- Persons related by blood or marriage
- Current or former cohabitants
- Persons who share a child with the defendant, regardless of relationship history
- Persons in a current or former dating or intimate relationship
- Children of household or family members in any above category
If the alleged victim qualifies as a domestic victim, the conduct is charged under § 565.074 rather than general assault. The domestic assault designation carries additional collateral consequences — particularly the permanent no-expungement rule and the federal firearms prohibition — that do not apply to general assault convictions at the same class level.
Classification and Penalties
Domestic assault in the third degree is a Class E Felony under RSMo § 565.074 — up to 4 years in prison and a fine up to $10,000.¹ ³
Under SB 888, signed by Governor Kehoe in April 2026, Class E felony convictions now carry a mandatory minimum of 25% of the sentence served before parole eligibility.⁴ A sentence of 4 years (the maximum) means a minimum of 1 year before any parole consideration.
Third-degree domestic assault is not a dangerous felony — it does not carry the 85% mandatory minimum that applies to first-degree domestic assault. However, with a prior domestic violence or assault conviction, the prior assault offender enhancement under § 565.079 can elevate the effective sentencing range.¹
| Classification | Sentence Range | 2026 Parole Minimum |
|---|---|---|
| Class E Felony (base) | Up to 4 years | 25% |
| Enhanced (prior assault offender) | Class D range — up to 7 years | 25% |
Collateral Consequences of a Third-Degree Domestic Assault Conviction
A Class E Felony conviction for domestic assault in the third degree carries consequences that outlast the sentence by decades.
Federal Firearms Prohibition — Permanent
A conviction under § 565.074 is a felony, triggering a lifetime prohibition on firearm possession under 18 U.S.C. § 922(g)(1).⁵ This covers ownership, possession, and any access to firearms — permanently. For clients who hunt, hold a concealed carry permit, work in law enforcement or security, or serve in the military, this consequence may be more damaging than the criminal sentence itself.
No Expungement — Ever
Domestic assault at any degree — including the third degree — is permanently ineligible for expungement under § 610.140(2), RSMo.⁶ This conviction will appear on every background check, every employer query, every housing screening, and every professional licensing board inquiry for the rest of the defendant’s life. There is no waiting period, no petition process, and no court that can seal this record.
Protection Orders
A full order of protection under Chapter 455, RSMo can restrict housing, contact with the victim and children, and custody arrangements — taking effect before the criminal case is resolved. Violation of a protection order is itself a criminal offense.⁷
Batterer Intervention
Courts may require completion of a certified batterer intervention program as a condition of probation under § 595.320, RSMo.⁸
Custody and Family Court
A domestic assault conviction at any level is a significant factor in Missouri family court custody proceedings. Missouri courts consider domestic violence when making best-interest determinations, and a felony conviction carries substantial weight even in cases where the underlying conduct was at the lower end of the domestic assault spectrum.
Employment and Immigration
A felony conviction disqualifies applicants from many licensed and regulated positions, appears permanently on background checks, and — for non-citizens — can trigger removal proceedings under federal immigration law, which specifically identifies domestic violence as a deportable offense.
Defense Strategies for Third-Degree Domestic Assault
Challenging the Attempt Element
The first subsection of § 565.074 requires an attempt to cause physical injury — not reckless conduct, not accidental contact, but a deliberate attempt. Defense attorneys challenge whether the evidence establishes the intent to cause injury as opposed to conduct that was accidental, reflexive, or reckless. The distinction between attempt (knowingly directed at causing injury) and reckless conduct (creating a risk without intending the result) is the line between the third and fourth degree.
Challenging the “Knowingly Causes Pain” Element
The second subsection requires that the defendant knowingly caused physical pain or illness. Physical pain is defined broadly — it includes any physical pain, however minor. But “knowingly” requires that the defendant was aware that the conduct would cause pain. Defense attorneys challenge the mental state element in cases where the contact was ambiguous or where the defendant did not intend to cause pain.
Self-Defense
Missouri’s self-defense law under § 563.031 applies equally in domestic situations.⁹ A person who responds to an aggressor — including a domestic partner — with proportionate force has a complete legal defense. Defense attorneys investigate the full sequence of events, who initiated contact, and whether the defendant’s conduct was defensive rather than offensive.
Challenging the Domestic Victim Relationship
Not every relationship triggers the domestic assault statutes. Defense attorneys examine whether the alleged victim’s relationship to the defendant actually falls within the statutory categories under § 455.010 and § 565.002. If the relationship does not qualify, the appropriate charge is general assault in the third degree — a Class E Felony at the same level, but without the domestic assault collateral consequences including the permanent no-expungement bar.
Negotiating to a Non-DV Disposition
When a complete defense is not viable, negotiating a resolution to a general assault or peace disturbance charge can eliminate the permanent no-expungement bar and preserve firearm rights. The collateral consequence difference between a domestic assault third-degree conviction and a general assault fourth-degree misdemeanor conviction is enormous and should inform every negotiation decision in these cases.
SIS — Keeping the Record Clean
A Suspended Imposition of Sentence (SIS) — where the court withholds entry of the conviction upon successful completion of probation — is available for eligible domestic assault third-degree cases. An SIS does not trigger the expungement bar (because no conviction was entered) and does not trigger the felony firearms prohibition (for the same reason). Experienced defense attorneys know when to pursue SIS and how to present the case for it.
Charged with Domestic Assault in the Third Degree in Missouri?
Rose Legal Services defends domestic assault charges in St. Louis County (21st Circuit), St. Louis City (22nd Circuit), St. Charles County (11th Circuit), and Jefferson County (23rd Circuit).
Flat-fee pricing. Flexible payment plans. Free consultations available 24/7. Call Rose Legal Services.
References
- § 565.074, RSMo [Domestic assault in the third degree — attempt to cause PI or knowingly cause pain/illness; Class E Felony].
- § 565.002, RSMo; § 455.010, RSMo [Domestic victim — definition and broad categories].
- § 558.011, RSMo [Class E Felony — up to 4 years, fine up to $10,000].
- SB 888 (2026); § 558.019, RSMo [Class E — 25% minimum before parole eligibility].
- 18 U.S.C. § 922(g)(1) [Federal firearms prohibition — felony conviction, permanent lifetime ban].
- § 610.140(2), RSMo [Domestic assault third degree — permanently ineligible for expungement].
- § 455.085, RSMo [Violation of protection order — Class A Misdemeanor / Class E Felony].
- § 595.320, RSMo [Batterer intervention program — court-ordered condition of probation].
- § 563.031, RSMo [Self-defense — castle doctrine and stand-your-ground apply in domestic situations].