4th Degree Domestic Assault Attorney in Kansas City, MO
Each year, thousands of Americans become victims of assault and domestic violence in Missouri. In 2017 alone, 45,558 reported domestic violence incidents in Missouri. Although this number is staggering, all hope is not lost for victims and individuals who have been falsely accused of domestic violence.
There are sound assault and domestic violence laws in place to protect you. If you are facing domestic violence charges in Kansas City, contact KC Defense Counsel to discuss your options.
Domestic Assault Law in MO
In Missouri, domestic violence is a severe criminal offense divided into four categories. Each degree of domestic violence has specific conditions or elements, penalties, and severity.
Under MO law, the term ‘domestic assault means any intentional act of causing grave physical injury or killing a member of your family (domestic victim).
Facing domestic assault charges can be a painful process. However, with the representation of an experienced domestic assault attorney, you can protect your rights in court.
4th-Degree Domestic Assault
Under MO Revised Statute § 565.076, fourth-degree domestic assault occurs when a person recklessly causes physical pain or serious physical injury to a family member by any means.
If a person intentionally causes physical injury or puts a domestic victim in any danger, threatening the victim’s life. It is considered a 4th-degree domestic assault. Actions that can amount to fouth-degree assault include:
- Intentionally causing the victim physical harm;
- Knowingly causing physical contact with the victim, knowing the victim would consider the contact as offensive;
- Knowingly attempting to cause or actually causing the isolation of the victim by substantially and unreasonably limiting or restricting the victim’s access to other persons, transportation, or telecommunication devices for the purpose of isolation;
- Intentionally causing physical injury due to negligent use of a firearm;
- Intentionally attempting to recklessly cause bodily harm, illness, or pain; and
- Recklessly engaging in any act that threatens the life of the victim.
The offense is considered a class A misdemeanor and results in harsh fines and penalties. However, if the accused has a record of domestic assault or is being charged with another domestic assault case under federal, state, or military law, it will be considered a class E felony. In MO, class E felony offenses are punishable by a fine of up to $10,000 and up to four years in prison.
Assault cases are taken very seriously in Kansas City, MO. You would need a solid defense strategy to win your case. Seasoned domestic assault lawyers at KC Defense Counsel have many years of experience in Missouri domestic law and can help protect your rights and reputation.
The Definition of a Domestic Victim
You are probably wondering who is and who isn’t a domestic victim. MO Revised Statute § 565.002 section (6) defines ‘domestic victim’ as any family or household member, including spouses, parents, siblings, and children, who are being physically tortured by any other family member.
Defending Against Domestic Assault in MO
Being arrested and charged with domestic assault does not necessarily or automatically mean you are guilty. In a dispute or fight, the police can arrest the wrong person or fail to get the full story before making the arrest.
As such, you might end up being charged with an offense you did not commit. When that happens, there are several legal defenses that your Kansas City criminal defense attorney can raise to get the charges dropped, reduced, or even result in a not-guilty verdict.
One of the common defenses to domestic assault is self-defence or defense of another person. Self-defense requires proving that you used reasonable force upon the victim to defend yourself or a third party. Your domestic assault attorney will help you prove this, and/or raise other defenses applicable to your case.
Steps You Should Take When Arrested or Charged with Domestic Assault
Facing an accusation of assault in the 4th degree in Missouri can be a stressful experience. It’s important to take immediate and thoughtful actions to protect your rights and build a strong defense.
- Stay Calm and Composed: Maintain your composure and avoid any confrontational behavior.
- Seek Legal Counsel: Contact an experienced criminal defense attorney immediately to guide you through the legal process.
- Understand the Charges: Familiarize yourself with what constitutes 4th-degree assault in Missouri to better understand the specifics of your case. Your domestic assault lawyer will help with this.
- Gather Evidence: Collect any evidence that might support your defense, such as witness statements, video footage, or any relevant documents. Your MO domestic assault attorney will also help with this
- Avoid Discussing the Case: Do not discuss the details of your case with anyone other than your lawyer to prevent any statements from being used against you.
- Attend All Court Appearances: Attend all scheduled court dates to show respect for the legal process and avoid additional penalties.
By following these steps, you can better navigate the complexities of your case and work towards a favorable outcome.
Talk to a Domestic Assault Lawyer Today
Consulting with seasoned criminal defense lawyers is crucial when facing domestic assault charges in Missouri. Experienced attorneys have the knowledge and expertise to navigate the legal complexities of your case, ensuring that your rights are protected every step of the way. They can provide valuable guidance, from understanding the charges against you to developing a strong defense strategy tailored to your specific situation.
If you have been accused of domestic assault, don’t wait to seek professional legal help. Contact KC Defense Counsel today to discuss your case with some of the most dedicated and skilled defense lawyers in the region. Our team is committed to achieving the best possible outcome for you. Take the first step toward protecting your future by scheduling your free consultation today.
