domestic violence is one of the most stigmatized and daunting crimes to be accused of. Domestic assault is characterized by physical abuse, emotional abuse, threats and other forms of harassment between people who are or have been in a particular kind of relationship such as a close familiar relationship, social relationship, or romantic relationship. A Domestic violence involves A conviction can lead to loss of certain rights and prison Facing this charge is overwhelming, you need help.
If you are being charged with domestic Assualt ,you need the great legal representation to ensure your rights are protected and that everything possible will be done to avoid a conviction. Don't wait any longer, contact us today to schedule a confidential consultation as soon as possible and you'll gain peace of mind with your legal matters.
DOMESTIC ASSAULT LAWS IN missouri
Domestic violence is characterized by physical abuse, emotional abuse, threats and other forms of harassment between people who are or have been in a particular kind of relationship such as a close familiar relationship, social relationship, or romantic relationship.
The state of Missouri has enacted domestic violence laws which protect spouses, children, intimate partners, household members, and family members from harm from their loved ones.
In Missouri, domestic violence laws criminalize acts of violence against a current or former spouse, a family member, a person with whom a person lives or previously lived, persons with whom a person is or has been in romantic relationship, and a person with who a person has a child. Acts of domestic violence include (but not limited to): verbal abuse, assault, battery, coercion, kidnapping, elder abuse, harassment, sexual assault, unlawful imprisonment, stalking, and child abuse.
DOMESTIC VIOLENCE IN THE FIRST DEGREE
Missouri laws categorize domestic violence in different levels or degrees for penalty purposes. A person commits domestic assault in the first degree if he or she knowingly attempts to kill or actually kills, or knowingly attempts to cause or actually causes serious physical injury to a domestic victim. First degree domestic assault is considered a Class A felony if the offender has a prior conviction for the same crime or causes death or serious physical injury to the victim. Otherwise, it's considered a Class B felony. A Class A felony is punishable by imprisonment for a period ranging from 10 years to 30 years, or a life sentence while a Class B felony is punishable by imprisonment for a period ranging from 5 to 15 years.
DOMESTIC VIOLENCE IN THE SECOND DEGREE
A person is guilty of domestic assault in the second degree if he or she causes or attempts to cause serious physical injury to a domestic victim using any means, which includes use of a deadly weapon, a dangerous instrument, or by choking or strangulation. This degree also applies to circumstances whereby an offender recklessly causes serious physical injury to the victim by means of a deadly weapon or dangerous instrument. This is a Class C felony punishable by imprisonment for up to 7 years and a fine of up to $5,000.
DOMESTIC VIOLENCE IN THE THIRD DEGREE
A third degree domestic assault occurs if the offender attempts to cause physical injury on a domestic victim or knowingly causes physical injury or illness to the victim. This degree can also be applied to the following circumstances:
- When an offender places the victim in apprehension of immediate physical injury.
- When an offender recklessly engages in conduct which creates a risk of death or serious physical injury to the victim.
- When an offender knowingly touches the victim in a manner that can be reasonably deemed offensive.
- When an offender negligently injures the victim by means of a deadly weapon.
- When an offender knowingly isolates the victim by unreasonably restricting their ability to access others, communication or transportation.
Domestic assault in the third degree is a Class A misdemeanor punishable by imprisonment for up to one year and a fine of up to $1,000. However, if the offender has three or more prior convictions for third degree domestic assault, the crime is elevated to a Class D felony, which carries a prison sentence not exceeding four years and a fine of up to $5,000.
Apart from criminal penalties, domestic violence in Missouri may attract civil penalties whereby an offender many be required to reimburse the victim any expenses resulting from the offense. Persons found guilty of domestic violence in Missouri may also lose certain rights such as owning a firearm.
EXPERIENCED domestic violence defense attorneys
If you are facing criminal charges for domestic violence in Missouri, it's best to consult a criminal defense lawyer in Missouri immediately. Domestic violence convictions stay on your record permanently and can be detrimental to your life in many ways. An experienced criminal defense attorney in Missouri will evaluate the facts of your case, help you mount the best defense possible, and protect your rights at such a crucial time.No tags for this post.