Chesterfield Assault Defense Attorney

Facing Assault Charges & Unsure What Comes Next

If you or someone you care about has been arrested for assault in Chesterfield, MO, you are probably worried about what will happen in court and how this will affect your future. You may be looking at a citation or charging document and trying to make sense of legal terms you have never seen before. In this situation, having a calm, experienced guide can make a real difference.

At The Hammer Law Firm, LLC, we focus our practice on criminal defense, including a wide range of assault and related violent offenses. Our role is to step in, explain what you are facing, and help you make informed decisions instead of reacting out of fear. From the first call, we work to answer your questions and give you a clearer picture of what to expect.

Our criminal defense attorneys bring more than 60 years of combined experience to each case. We have served as prosecutors in Missouri courts, and we have spent many years defending people accused of crimes. That background gives us a detailed understanding of how assault cases are built, charged, and negotiated in the courts that serve Chesterfield residents.

If you or a loved one is facing an assault charge in the Chesterfield area, we encourage you to reach out to our team at (314) 334-3807 for a confidential consultation.

What is Assault in Missouri?

In many states, "assault" refers to the threat of violence, while "battery" refers to the physical act. However, Missouri law simplifies this by categorizing most acts of physical harm or the threat of harm under the umbrella of assault.

Under Missouri Revised Statutes, assault occurs when a person purposely, knowingly, or recklessly causes physical injury to another person, or places them in apprehension of immediate physical injury. Missouri divides these offenses into four degrees, ranging from Class A misdemeanors to Class A felonies.

• First-Degree Assault: Attempting to kill or knowingly causing serious physical injury.
• Second-Degree Assault: Causing serious injury under "sudden passion" or through the use of a deadly weapon.
• Third-Degree Assault: Knowingly causing physical injury.
• Fourth-Degree Assault: Recklessly causing physical injury or making someone fear for their safety.

Criminal Penalties for Assault

The consequences of an assault conviction in Missouri are severe and depend heavily on the "degree" of the charge and the status of the victim (e.g., if the victim is a law enforcement officer or a special victim).

• 1st Degree
  • Class A or B Felony
  • Imprisonment between 5 and 30 years (or life)
  • Fines of $10,000+
• 2nd Degree
  • Class D Felony
  • Up to 7 years of imprisonment
  • Fines of up to $10,000
• 3rd Degree
  • Class E Felony
  • Up to 4 years of prison
  • $10,000 in fines
• 4th Degree
  • Class A Misdemeanor
  • Up to 1 year in jail
  • $2,000 in fines

Beyond the statutory penalties, a felony conviction in Chesterfield means you lose your right to possess a firearm and your right to vote while incarcerated or on parole.

Legal Defenses to Assault Charges

A charge is not a conviction. At The Hammer Law Firm, LLC, we perform a deep dive into the evidence, police reports, and witness testimonies to build a robust defense strategy. Common defenses include:

Self-Defense or Defense of Others

Missouri follows "Stand Your Ground" principles. If you reasonably believed that force was necessary to protect yourself or someone else from the imminent use of unlawful force, you may be justified in your actions.

Lack of Intent

Assault charges often require a specific state of mind (knowingly or recklessly). If the injury was the result of a pure accident without negligence, the prosecution may struggle to prove the elements of the crime.

Consent

In certain situations, such as a mutually agreed-upon sporting event or physical activity, "consent" can be a valid defense against a charge of Fourth-Degree Assault.

Violation of Constitutional Rights

If the Chesterfield police obtained evidence through an illegal search or failed to read you your Miranda rights during a custodial interrogation, we may be able to suppress that evidence, leading to a reduction or dismissal of charges.

Assault FAQs

Is a Fourth-Degree Assault a felony?

No, Fourth-Degree Assault is typically a Class A misdemeanor in Missouri. However, if it is committed against a "special victim" (like a first responder or elderly person), it can be elevated.

What is a "Special Victim" in Missouri?

Missouri law enhances penalties if the assault is committed against law enforcement, emergency personnel, highway workers, or elderly/vulnerable individuals.

Can an assault charge be dropped if the victim doesn't want to press charges?

Not necessarily. In Missouri, the State (the prosecutor) brings the charges, not the victim. Even if the victim signs an "affidavit of non-prosecution," the prosecutor can still move forward if they believe they have enough evidence.

Will I go to jail for a first-time assault charge?

It depends on the severity. While first-time misdemeanor offenders may receive probation or fines, felony-level assault often carries a high risk of prison time.

Why Choose Our Team

When you search for an assault lawyer Chesterfield residents can turn to, you are not just looking for any attorney. You need a team that understands Missouri criminal law, knows the local courts, and takes your situation personally. Our firm is built around those priorities. We limit our work to criminal defense, so our time is spent handling cases like yours.

Our attorneys have more than six decades of combined criminal defense experience. Over the years, we have seen a wide range of assault allegations, from bar fights and neighbor disputes to serious felony charges and domestic assault cases. That experience helps us evaluate the strength of the allegations, identify legal issues, and talk honestly with you about potential risks and options.

Both of our attorneys are former prosecutors. This means we have stood on the other side of the courtroom and understand how police reports, witness statements, and charging decisions are made. We know how prosecutors in St. Louis County often view different types of assault allegations and what factors can influence plea discussions, sentencing recommendations, or trial strategy. We use that insight to anticipate how the state may approach your case and to prepare accordingly.

Our commitment to criminal law extends beyond the courtroom. Mark Hammer and Nicole Chiravollatti serve as adjunct professors at Saint Louis University School of Law. Our work in legal education keeps us engaged with developments in Missouri criminal law and helps us communicate complex concepts in clear language. In addition, Mark Hammer serves as a Lead Panel Attorney for the Eastern District of Missouri's Criminal Justice Act Program, a role that reflects trust from the court system in handling serious criminal cases.

Just as important as credentials is how we treat our clients. We emphasize one-on-one attention and accessibility. When you work with our firm, you can expect direct communication with our attorneys, regular updates, and honest answers to your questions. We know this is a stressful time, and our goal is to ensure you do not feel left in the dark about your assault case.

Call (314) 334-3807 to speak with our team today.