DOMESTIC ASSAULT

In Missouri, domestic violence laws criminalize violence against spouses, family members and persons with whom the offender is or has been in a romantic relationship. The consequences of a conviction for even a minor violent criminal charge can lead to serious consequences that include jail and a permanent criminal record.

“Domestic victim” is defined as a household or family member which can include: a current or former spouse, a family member by blood or marriage, a person with whom the offender lives with or previously had lived with , a person whom the offender has a romantic relationship with and any child who is a member of the household or family.

Domestic assault cases also commonly involve multiple charges of various degrees of assault arising out of the same transaction or episode. Defendants frequently contend that the multiple charges are barred by double jeopardy principles or the rule of multiplicity (charging a single crime as multiple crimes). However, separate assaults can arise from a single set of facts each time the defendant forms an intent to attack the victim. If the defendant has an opportunity to reconsider his actions, distinct assaults separated by time are separate crimes. Similarly, if the assaults are based on different acts or a separate mens rea is newly formed, the conduct can give rise to an additional crime. Miller v. State, 478 S.W.3d 530 (Mo. Ct. App. E.D. 2015)

565.072. Domestic Assault, First Degree:

1. 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.

2. The offense of domestic assault in the first degree is a class B felony (not less than five years and not to exceed fifteen years) unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a class A felony (not less than ten years and not to exceed thirty years, or life imprisonment).

565.073. Domestic Assault, Second Degree:

1. A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term “domestic victim” is defined under section 565.002, and he or she:

(1) Knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or

(2) Recklessly causes serious physical injury to such domestic victim; or

(3) Recklessly causes physical injury to such domestic victim by means of any deadly weapon.

2. The offense of domestic assault in the second degree is a class D felony (a term of years not to exceed seven years).

565.074. Domestic Assault, Third Degree:

1. A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term “domestic victim” is defined under section 565.002.

2. The offense of domestic assault in the third degree is a class E felony (a term of years not to exceed four years).

565.076. Domestic Assault, Fourth Degree:

1. A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term “domestic victim” is defined under section 565.002, and:

(1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

(2) With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

(3) The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

(4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

(5) The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or

(6) The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

2. The offense of domestic assault in the fourth degree is a class A misdemeanor (a term not to exceed one year), but in other cases can be a class E felony (a term of years not to exceed four years). The offenses described in this subsection may be against the same domestic victim or against different domestic victims.