If you’ve been arrested after a confrontation — especially one involving a firearm — your entire case can turn on how Missouri law defines force and deadly force, and whether what you did fits inside (or outside) Missouri’s self-defense statutes.

A lot of people try to research the “penal code” on their own and quickly run into a problem: self-defense is not one simple rule. It’s a layered set of definitions, exceptions, and fact-specific standards that prosecutors use to argue you crossed the line.

If you have been charged with assault with deadly force in the state of Missouri, call KC Defense Counsel immediately. Even if you are claiming self-defense, there is a right way and a wrong way to approach your case. Give us a call today and schedule a free and confidential case evaluation with one of our experienced Missouri criminal defense attorneys.

WHAT IS CONSIDERED “DEADLY FORCE” IN THE STATE OF MISSOURI?

Under Missouri’s justification chapter, “deadly force” is defined as physical force used with the purpose of causing, or with knowledge that it creates a substantial risk of causing, death or serious physical injury. ?

That matters because a huge number of cases boil down to one question:

Was this non-deadly force… or deadly force?

If the State frames your conduct as deadly force, you’re immediately in a higher-stakes legal lane — think felony-level exposure and far less tolerance for “close calls.”

HOW MPC (Missouri Penal Code) 3.01 FITS IN

MPC 3.01 is widely cited because it draws a clear line between “force” and “deadly force,” and it specifically treats the purposeful display/production of a weapon as a “threat” of deadly force in certain circumstances, often analyzed differently than actually firing or striking. ?

Missouri’s statutory definition is conceptually similar in that it focuses on intent/purpose and substantial risk but the real world outcome depends on how police reports, witness statements, video, and charging decisions characterize what happened. ?

MISSOURI’S SELF-DEFENSE RULE

Missouri’s core self-defense statute says a person may use physical force against another when and to the extent they reasonably believe it’s necessary to defend themselves (or a third person) from what they reasonably believe is the use or imminent use of unlawful force by the other person, subject to statutory limitations. ?

Three phrases do most of the work in court:

Reasonably believes (not what you felt, but what a factfinder may consider reasonable under the circumstances)
Necessary (were there realistic alternatives?)
Imminent unlawful force (not vague fear, not future possibilities—imminence matters)

Even when the defense is legally available, prosecutors often attack it by claiming:

you were the initial aggressor,

the threat wasn’t imminent,

the force wasn’t necessary,

or your belief wasn’t reasonable under the facts. ?

MISSOURI’S “STAND YOUR GROUND” LAW

Missouri’s statute includes key language about no duty to retreat in certain places (including from a dwelling, residence, or vehicle under specified conditions). ?

But here’s the practical danger: “no duty to retreat” doesn’t mean “no legal risk.” It doesn’t automatically make your decisions reasonable. It doesn’t stop you from being arrested. And it doesn’t prevent the State from charging you and forcing you to litigate self-defense the hard way, through motions, hearings, discovery, and trial.

USE OF A FIREARM MAKES EVERYTHING WORSE

In the real world, gun cases often escalate because the State treats certain behaviors as a serious threat, even when no shots are fired.

That’s where the MPC concept is useful: it emphasizes that threatening deadly force (like producing a weapon to create fear) can be treated as deadly-force conduct depending on the context and purpose. ?

Missouri doesn’t use MPC 3.01 as controlling law, but Missouri prosecutors and juries still react strongly to:

brandishing allegations,
“I thought he had a weapon” claims,
“warning” displays that witnesses interpret as threats,
and any movement that looks like you were about to shoot.

In addition, Missouri has separate weapons offenses that can be charged alongside assault-related offenses, including unlawful use of weapons. ?

Translation: even if your intent wasn’t to hurt anyone, the State may charge you based on how your conduct looked, what others reported, and whether your actions fit a listed weapons offense.

IS IT POSSIBLE TO PROVE SELF-DEFENSE?

In Missouri practice, defendants generally have the burden of injecting the issue of justification into the case; once that’s done, the State must defeat the defense under the applicable standard (and how that plays out depends heavily on the charge, instructions, and procedural posture). Missouri appellate courts describe this “injecting the issue” concept in self-defense cases. ?

This is exactly why “I was defending myself” is not enough.

A strong defense requires:

identifying the correct statute(s),
fitting your facts to each required element,
anticipating the State’s counter-arguments,
and preserving the record so the issue is properly presented to the court and jury.

HIRE AN EXPERIENCED KANSAS CITY CRIMINAL DEFENSE LAWYER NEAR ME

Use-of-force cases are won and lost in the details—details most people don’t realize matter until it’s too late:

Charging Decisions: Were you charged with assault, armed criminal action, unlawful use of weapons, or a combination?

Narrative Control: Which witness statements made it into the probable cause narrative? What does the video show before the key moment?

Forensics and Distances: Trajectory, positions, lighting, and timing often change the “reasonableness” analysis.

Pretrial Strategy: Some cases are best attacked through motions and evidentiary hearings; others need a trial-ready posture from day one.

Jury Instructions: In self-defense cases, the exact language the jury receives can decide the verdict.

If you’re facing accusations involving force or a weapon in Kansas City, you need a defense team that knows Missouri’s justification statutes, weapons statutes, and how prosecutors actually build these cases, not just what the code says on paper. ?

CALL KC DEFENSE COUNSEL AND LET US BEGIN BUILDING YOUR DEFENSE

Self-defense is one of the most misunderstood areas of criminal law because it feels intuitive, until you see how the State litigates it. Missouri law uses precise definitions for deadly force, and Missouri self-defense claims rise or fall on reasonableness, necessity, and imminence under the facts. ?

If you’ve been arrested or are under investigation in Missouri, don’t leave your future to a police report summary or a witness’s interpretation of what they “thought” you meant. Call an experienced Missouri criminal defense lawyer, and let us evaluate the evidence, identify defenses, and start building the strongest path forward as early as possible.

Don’t face the Missouri justice system alone. Call KC Defense Counsel today.

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 traffic 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.