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Assault

Arrested for Assault?

Assault - First Degree

Assault in the First Degree, which is a class B felony, is committed when a person attempts to kill or knowingly causes or attempts to cause serious physical injury to another person. However, it is a class A felony if in the course thereof the person inflicts serious physical injury on the victim, or if the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002.

Assault - Second Degree

Assault in the Second Degree, which is a class D felony; however, it is a class B felony if the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002.

A person commits the offense of assault in the second degree if he or she:

(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

(3) Recklessly causes serious physical injury to another person; or

(4) Recklessly causes physical injury to another person by means of discharge of a firearm.

Assault - Third Degree

Assault in the Third Degree, which is a class E felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class D felony.

A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person.

Assault - Fourth Degree

Assault in the Fourth Degree is a class A misdemeanor, except where it is a violation of the provisions of subdivision (3) or (6) of subsection 1 of RSMo 565.056 in which case it is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.

A person commits the offense of assault in the fourth degree if:

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

(2) With criminal negligence the person causes physical injury to another person by means of a firearm;

(3) The person purposely places another person in apprehension of immediate physical injury;

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

(5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

(6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

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