CAN I BE CHARGED WITH ASSAULT IN MISSOURI FOR A FIGHT IF THE OTHER PERSON STARTED IT?

When Self-Defense Turns Into an Arrest
Imagine this: you’re out with friends in Kansas City when someone shoves you, throws the first punch, and suddenly it’s chaos. You try to defend yourself — but when the police show up, you’re the one in handcuffs.
It’s a story that happens far too often. Even if you didn’t start the fight, Missouri law allows you to be charged with assault depending on what the officers see, what witnesses say, and how the evidence is presented.
So yes — you can be charged, even if you were only defending yourself. But that doesn’t mean you’re guilty. At KC Defense Counsel we want you to understand why these charges happen and how an experienced Kansas City criminal defense lawyer can protect your rights.
UNDERSTANDING MISSOURI’S ASSAULT LAWS
Missouri divides assault into several degrees, depending on the circumstances and severity of injuries. Under Mo RS 565.050–565.076, assault can range from a Class A misdemeanor to a Class B felony, with penalties including jail time, fines, and a permanent criminal record.
1st Degree Assault: Serious physical injury or intent to kill — up to 15 years in prison.
2nd Degree Assault: Attempting to cause serious injury — up to 7 years.
3rd & 4th Degree Assault: Physical contact or minor injury — up to 1 year in jail and fines.
But when it comes to fights or scuffles, the line between self-defense and assault isn’t always clear-cut.
WHEN SELF-DEFENSE APPLIES UNDER MISSOURI STATE LAWS
Missouri law recognizes your right to defend yourself when faced with a threat of harm — as long as your response is reasonable and proportionate. You’re legally allowed to use physical force if:
- You reasonably believe it’s necessary to protect yourself or someone else, and
- You don’t use more force than needed to stop the threat.
This is known as “Justifiable Use of Force.” In other words, if someone throws a punch at you, you have the right to defend yourself — but you can’t keep hitting them after the threat is over.
Why You Might Still Be Charged: So why do police sometimes arrest the wrong person? Because law enforcement usually responds after the fight is over — when the scene is confusing, people are hurt, and stories conflict. Officers make split-second decisions based on what they see and hear, often with limited information.
You might be charged if:
- The other person’s injuries look worse than yours.
- Witnesses (or friends of the other person) give biased statements.
- You admit to hitting someone, even if it was in self-defense.
- The officer misunderstands who started the altercation.
That’s why it’s crucial to stay calm, remain silent, and contact a lawyer immediately.
WHAT TO DO IF YOU’RE CHARGED WITH ASSAULT AFTER A FIGHT
If you’ve been arrested or charged with assault after a fight you didn’t start, follow these steps:
- Don’t Talk to Police Without a Lawyer: Even simple statements like “I was just defending myself” can be twisted into an admission of guilt. Politely say:
“I want to speak with my attorney before answering any questions.”
- Document Everything: Write down what happened while it’s fresh in your mind — who was there, what was said, and what led to the fight. Save photos of any injuries and the location.
- Collect Witness Information: Anyone who saw the fight or knows the context (like ongoing harassment or threats) could be key to your defense. Your attorney can contact them later.
- Contact a Kansas City Criminal Defense Lawyer Immediately: The sooner your lawyer gets involved, the sooner they can:
- Review police reports and 911 recordings
- Track down neutral witnesses or surveillance footage
- Build your case for self-defense
Building a Self-Defense Case: A strong self-defense argument requires showing that you were not the aggressor and that your response was reasonable. Your attorney may argue:
- You had a legitimate fear of harm.
- The other person initiated physical contact.
- You stopped using force once the threat ended.
- There’s evidence (video, witnesses, injuries) supporting your account.
When these facts are clearly presented, many Kansas City prosecutors will reduce or dismiss charges — especially if you have no criminal record.
The Stakes Are Higher Than You Think: Even a misdemeanor assault charge can:
- Stay on your record permanently.
- Affect job opportunities and housing applications.
- Result in probation, fines, or jail time.
- Limit your right to own or carry firearms.
That’s why it’s vital to fight the charge aggressively and establish from day one that you acted in self-defense.
HOW CAN AN EXPERIENCED KANSAS CITY DEFENSE ATTORNEY HELP?
At KC Defense Counsel, our affordable Kansas City assault defense lawyers have handled countless cases involving bar fights, domestic disputes, and self-defense claims.
We know how prosecutors think, how evidence is weighed, and how to expose weaknesses in the state’s case.
Our team will:
- Analyze every detail of your incident.
- Gather witness statements and surveillance footage.
- File motions to dismiss when evidence shows you acted lawfully.
- Stand by you in court from start to finish.
You don’t have to face assault charges alone — especially when you were only protecting yourself.
CALL KC DEFENSE COUNSEL FOR A FREE CASE EVALUATION
Getting charged with assault in the state of Missouri after a fight you didn’t start feels unfair — and often, it is. But Missouri law gives you the right to defend yourself — and with the right lawyer, you can make sure that right is protected.
A criminal conviction can change your life forever — but the right lawyer can change your future. The experienced attorneys at KC Defense Counsel are dedicated to defending clients across Kansas City and throughout Missouri. We handle every case with skill, preparation, and an unrelenting focus on results. Whether you’ve been arrested for assault, theft, drug crimes, or DWI, we know how to fight back and protect your record.
Don’t face the system alone — Missouri’s criminal laws are complex, and prosecutors will use every tool against you. KC Defense Counsel provides aggressive defense backed by real courtroom experience and a deep understanding of Missouri law. Call our Kansas City criminal defense team today to schedule your free consultation and learn how we can help safeguard your future.
If you’ve been charged with assault in Kansas City or anywhere in Missouri, contact KC Defense Counsel immediately. Our team of skilled Kansas City criminal defense lawyers knows how to fight false or unfair assault accusations and build a powerful case for self-defense.
Call KC Defense Counsel today for a free, confidential case evaluation and take the first step toward clearing your name.
Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland, Drexel, Fairview, Ferrelview, Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview, Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill, Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy, Warrensberg, Weatherby Lake, and Weston.
Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.
Contact our experienced Kansas City criminal defense lawyers near me in Missouri and let us help begin building your defense. Let us help.
Disclaimer: This page is for informational purposes only and does not create an attorney-client relationship. Always consult qualified counsel regarding your unique situation.










Recent Comments