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Domestic assault in Missouri is a serious crime that is divided into four different levels. Each level has specific conditions to consider with specific penalties and severity.
Domestic Assault 4th Degree
Under Missouri law, the term 'domestic assault' is defined as the intentional act of causing serious bodily injury to another person or killing any member of your family. This is the most serious case where the offender intentionally causes bodily harm or kills a domestic victim - and is known as '4th degree domestic assault'.
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Going through a domestic assault case is a painful process. However, if you retain an experienced domestic assault criminal defense attorney, you will be able to protect your rights in court. The attorneys at the Missouri DWI and Criminal Justice Center have years of experience and can help you with a domestic assault case.
Under Missouri Revised Statute § 565.076, it is considered fourth degree domestic assault if a person recklessly or in any way engages in or causes bodily pain, serious bodily injury
However, if the person has a prior record of domestic assault, regardless of whether they have been convicted of this case, or charged with any other domestic violence case under state law, federal law, or military law, it will be considered a Class E felony . .
In Missouri, a Class E felony is punishable by up to four years in prison and a fine of $10,000 or more.
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The term ``domestic victim'' in Missouri Revised Statutes § 565.076 is defined under section (6) of Missouri Revised Statutes § 565.002, which provides that
Dealing with domestic crime charges is a difficult process that causes emotional, physical and financial hardship. However, working with an experienced attorney can help you find a way to protect your rights and reputation in court. The Missouri DWI and Criminal Justice Center has skilled and reliable attorneys who can help you navigate the legal process.
Missouri has some of the most comprehensive assault laws. There are four laws for cases of domestic violence.
Under Missouri Revised Statute § 565.072, first degree assault is defined as the intentional infliction of bodily harm or murder on a domestic victim. If the victim is seriously injured, it is considered a Class A felony. Otherwise, it will be charged as a class B felony.
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Any second degree assault will be considered a Class C felony. The penalty is 3 years in prison to 10 years in prison with a fine of $10,000 or more.
3rd Degree Assault is charged as a Class D Felony with a minimum sentence of seven to ten years in prison and a fine of up to $10,000.
Under Missouri law, fourth-degree domestic assault is a felony if a person intentionally or knowingly causes bodily harm, physical injury, or threat to a domestic victim in a manner that endangers the victim's life.
In general, assault cases are taken very seriously in the Missouri court system. You will need a good defense strategy to fight for your rights in court. The skilled attorneys at the Missouri DWI and Criminal Law Center have years of experience in Missouri domestic law and can help you protect your reputation. Feel free to book a consultation call with us.
Domestic Violence Assault\
Because a fourth-degree domestic felony is considered a Class A misdemeanor, the punishment can and can be severe - but not limited to a minimum of 10 years to a maximum of 30 years in prison.
Missouri laws and court systems are strict and quick to act against domestic assaults. If you are charged with any type of assault, including 4th degree domestic assault, the penalties can be as severe as possible. Moreover, you will be about to lose your face and reputation in the society.
It is best to immediately consult with a skilled attorney experienced in Missouri household law. Your attorney will help you understand your legal options, the seriousness of your case, and the next steps you can take to protect your rights in court.
At the Missouri DWI and Criminal Law Center, we have a team of attorneys experienced in domestic assault laws who have helped many clients protect their rights. To help you with your case, please contact us.
Essex County Domestic Violence Lawyer
If you have been drinking, use our "Blood Alcohol Content (BAC) Calculator" to estimate your blood alcohol content (BAC) before driving, but please remember that the information provided is only an estimate and cannot be wrong. Domestic violence charges, or "domestic violence" charges under Texas law, are some of the most emotional and personal criminal charges a person can face. These are also some of the most serious charges a person can face, and a guilty plea can have numerous negative consequences that can last a lifetime.
In addition to the fines, jail time, and probation on the table, pleading guilty to a domestic violence charge can result in the loss of your right to own a firearm, negatively affect a child custody case, and lead to the denial or revocation of a professional license or security clearance.
Navigating the landscape of a domestic violence charge without a criminal defense attorney is not an option. Contact Denton County Criminal Attorney Flint Schneider today and let's fight it together.
When you are charged with domestic violence, you don't need just any criminal defense attorney. You need a trial attorney who knows the Denton County courts. And that lawyer is Flint Schneider.
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In Denton County, more domestic violence cases go to trial than any other type of case. This is because the case is often a "he said, she said" situation. There may be evidence that one party was injured and not the other, and regardless of who started the conflict, the police and district attorneys jump to conclusions and place the blame squarely at the feet of the injured person. Sometimes in these situations there is no middle ground for a plea deal; The DA wants a harsh sentence and we want the charges to be dropped. In this case, testing is necessary.
But that doesn't mean the case goes to trial. Often the mere threat of a lawsuit and a desire to delay the trial is enough to get the charges dismissed or reduced. Sometimes this involves my clients taking a short anger management course or pleading to a lesser offense like a Class C ticket. Other times my client does nothing and discharges unconditionally. And when we have to go to the test - we win.
Many people think that if the person who called the police drops the charges against them, no case will be filed. That's wrong. Once the police are called, a report is made and evidence is collected and sent to the district attorney's office. At that time, the DA's office reviews the evidence and decides whether to file domestic violence charges. Often the DA has an affidavit of non-prosecution of the alleged victim in the case and wants to drop the charges. They will file a case anyway. If you have been charged with a domestic violence crime, you should consult an experienced Denton County assault attorney right away.
In most cases, you can obtain an affidavit of non-prosecution by speaking with a victim assistance coordinator at the district attorney's office, or you can get one from an attorney. Keep in mind that filing a non-prosecution statement does not mean that the charges will be dropped, the law requires the charges to be dropped, or that the government cannot prosecute. An affidavit of non-prosecution has no legally binding effect on the police or district attorney's office. It is not always wise to submit one of these. Consulting a criminal defense attorney before doing anything on your own will yield the best results. Call Flint today and he will take the time to talk with you about your options and what is best for you or your loved one.
Tricky To Prosecute, Missouri's Domestic Violence Cases Often Lead To Probation, Fines
Outcome: Client agreed to probation and pleaded guilty to the felony charge. Client never complained to probation after pleading. 5 years later, the client was arrested for an open warrant for a probation violation. Although the client believed that prison was his only option, attorney Flint Schneider was able to get the client back on probation with a fresh start.
Ruling: After a pretrial investigation, attorney Flint Schneider presented evidence to the Denton District Attorney's office that the complaining witness lied to gain an advantage in a custody battle.
The result: After presenting mitigating evidence to the plaintiff, attorney Flint Schneider was able to dismiss the case in exchange for his client taking a parenting class.
Outcome: Client accused of assaulting girlfriend in hospital room. During cross-examination of the complaining witness, attorney Flint Schneider was able to discredit and show the witness
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