A Missouri assault charge is no joke. You need to know what to do and what to expect. This article explains it all.
What Is Missouri Assault?
Assault in Missouri is the physical act of injuring or attempting to injure another person. It does not have to be physical, but can also be verbal threats.
There are four degrees of assault:
- First degree: Attempting to kill or injure someone.
- Second degree: Injuring a person with a weapon or in the heat of an immediate altercation.
- Third degree: Intentionally injuring a person physically.
- Fourth degree: Threateningly touching a person in an offensive way.
These are the different penalties each of them holds. Some are misdemeanors. Others are
felonies. Yelling or threatening will even get you arrested. It does not have to cause injury. It is a matter of what the law interprets your actions as. Consult an experienced traffic defense lawyer in Kansas City today.
What Happens Next After You’re Charged?
Now that you’ve been charged with assault, the legal process has begun. Here’s what you’ll go through:
1. Arrest or Summons
You’re arrested by the police or they give you a court summons. You must appear in court.
2. First Court Appearance (Arraignment)
The judge reads your charges to you. You say guilty or not guilty.
3. Bond and Bail
Bail is set by the court. If you pay it, you’re free until your case goes on. If you cannot afford to post bail, you may be imprisoned until your court date.
4. Pre-Trial Hearings
Both sides have information. Your lawyer will try to have charges lessened or dropped. This stage is most critical. The right motion or argument can turn the case around.
5. Trial or Plea Bargain
You can go to trial or come to a plea agreement. A plea agreement can minimize your sentence. Your lawyer will talk to you about your choices and recommend.
6. Sentencing
The judge sentences you if you’re found guilty. That’s where jail, a fine, or probation are options. Sentencing is different but depends on the charge and facts of your case.
Why You Need a Criminal Defense Attorney
You’re not going to be able to properly defend yourself against assault charges. An attorney is experienced at:
- Reading police reports for mistakes
- Challenging circumstantial evidence
- Negotiating reduced charges or dismissal
- Representing you in court
Without a lawyer, you can be punished worse. You might not even know your rights or all of your options. A lawyer will see problems with the case that you will not. A lawyer is familiar with the law and how the law can benefit you.
What a Lawyer Will Do for You
A Missouri assault defense lawyer will:
- Discuss what happened with you
- Tell you what you are charged with
- Identify weaknesses in the case
- Negotiate with the prosecutor
- Represent you in court if you require them to
They can even tell you what to say and what not to say. Talking to police officers without a lawyer can hurt your case. Your lawyer will also interview witnesses, get video, or hire experts. They build a strong defense on all levels.
Common Defenses to Assault Charges
There are several defenses available under law. A few of them are:
- Self-defense: You were protecting yourself or another.
- Defense of property: You were protecting your property or home.
- Consent: The other person consented to the physical contact.
- Lack of intent: You did not mean to cause harm.
- Mistaken identity: They have the wrong person.
Your attorney will select the most appropriate defense depending on the circumstances.
What Are the Potential Penalties?
Penalties differ according to the type of assault charge:
- Misdemeanor (for example, 4th degree): 1 year or less in jail, up to $2,000 in fines
- Felony (for example, 1st or 2nd degree): 5 to 30 years in prison
Judges also take into consideration past offenses, age, and the situation. An attorney might be able to arrange a lesser sentence. Probation is also a possibility with a lesser charge. Anger classes and community service can also be part of the sentencing.
Can Assault Charges Be Dropped?
Yes, but not normally. It is up to the prosecutor, not the victim. An attorney can try:
- Present weak evidence
- Find violations of rights
- Negotiate lesser charges
Charges can occasionally be dismissed or lessened to a misdemeanor. That will have to ride on the facts and prosecution of the case. Dismissal of witnesses or lack of evidence can be in your favor.
What Do You Have to Do Right Now?
What is next is what you are to do if you are charged:
- Be quiet. Don’t defend yourself to cops.
- Request an attorney.
- Don’t speak to the victim.
- Don’t go posting about it online.
- Record what happened while it is still fresh in your mind.
Your actions at the outset can hurt or help your case. Mistakes early on are hard to rectify later. Keep all papers. Hand over to your attorney. Do not skip court appearances.
How Long Will It Take to Resolve?
Depending. Some weeks. Others weeks or months. Trials take the longest amount of time. If you plea bargain, it will probably take less time. Busy courts and complicated cases cause more delays. Your lawyer can provide a better estimate.
Cost of a Missouri Criminal Defense Attorney
There is no set cost. Some lawyers have flat fees. Others charge by the hour. You may pay:
- Misdemeanor cases: $1,000–$3,000
- Felony cases: $5,000–$15,000 or more
Most do accept payment plans. Always ask in advance. Quality legal representation does cost more, but the right lawyer will save you money, time, and liberty in the long run.
FAQs About Missouri Assault Defense
1. Can I be charged with assault if I didn’t touch the person?
Yes. In Missouri, attempting to injure someone or threatening to do so is assault. Physical contact is not always necessary.
2. What if the other person started it?
That might be self-defense. Your lawyer can argue that in court. You have to prove you defended yourself.
3. Do I get to see evidence against me?
Yes. Your lawyer can subpoena all of the evidence. This is a video, witness statement, and police report.
4. Will a charge of assault be on my record?
Yes, except if sealed or expunged. Some cases can be expunged later. Discuss this with your lawyer.
5. What if I fail to appear for my court date?
A warrant can be issued for your arrest. Never miss court. If you cannot appear, notify your lawyer right away.
Final Thoughts
An assault charge in Missouri is frightening, but you don’t have to go through it alone. You can be helped by a good attorney, who will fight for your rights and ensure that you get the best outcome available. Keep your head, know your rights, and act. That’s what makes all the difference.
If you or your friend is charged with assault, seek the help of a seasoned criminal defense lawyer in Kansas City. This is your best hope for a guilty defense and should be pursued early.