Assault 2nd Degree Missouri - What does the phrase "assault and battery" mean? Violent attacks? Everyone knows that attacking someone with your body or an object is considered assault and battery. You've probably heard this term used in your favorite cop show. What you may not know is that assault and battery covers a lot more than that, and acts that seem violent can count.
Historically, assault is any intentional act that causes another person to fear physical harm. Verbally threatening someone, threatening someone with a weapon, making threatening gestures, or unsuccessfully attempting to kill someone are all examples of assault under this historical definition. To repeat, historically, assault is the act of putting someone in fear of bodily harm, not the act of physically harming someone.
Assault 2nd Degree Missouri
While assault was, and still is in some jurisdictions, an act of threatening violence, assault was considered an actual act of causing injury. Hitting a person, assaulting someone with a weapon, or inappropriately touching a person are all examples of battery under the historical definition. Battery is sometimes referred to as "full assault" because battery completes the threat made during the assault.
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The state of Missouri does not have separate statutes for assault and battery, instead both have varying degrees of fatality charges. Threats of physical violence are included under the charge of fourth-degree assault. Fourth-degree, third-degree, second-degree, and first-degree assault charges include actual violence and negligence causing bodily injury.
Although Missouri does not recognize aggravated assault as a separate crime, some jurisdictions define aggravated assault as a more serious form of assault and battery. Although laws vary, aggravated assault usually covers assault with a deadly weapon. In some jurisdictions, aggravated assault also includes assault against a "special victim."
In Missouri, the penalties for many assault charges are increased when the assault is committed against a "special victim." The list of people considered "special victims" in Missouri is extensive and is provided below.
Sudden passion is a factor considered in determining the degree of assault. For example, in Missouri, attempting to kill someone under the influence of sudden passion is second-degree assault rather than first-degree assault. A person commits a crime under the influence of sudden passion when he commits the crime, without intention, due to circumstances that create intense, disturbing emotions. The most commonly used example of a crime committed under the influence of sudden passion is a husband who assaults his wife or his wife's lover when he unexpectedly discovers their relationship.
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There are four degrees of aggravated assault in Missouri. Fourth-degree assault can be a Class C misdemeanor or a Class A misdemeanor. Third-degree assault can be a Class E felony or a Class D felony. Second-degree assault can be a Class D felony or a Class B felony. First-degree assault, the most serious level of assault, can be a Class B or Class A felony.
A fourth-degree assault charge that qualifies as a Class C misdemeanor will be upgraded to a Class A misdemeanor if the assault involves a "special victim."
If a third-degree assault charge includes a "special victim," it can be prosecuted as a Class D felony.
KC Road attorneys offer free advice to people charged with assault and battery. Call 816-425-2420 or visit our contact page to learn how a KC road attorney can help you with your Missouri assault charge.
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