St. Louis Domestic Violence Attorneys

Penalties for domestic violence charges will differ according to the charge and your prior criminal record. As misdemeanors or felonies, you can expect large fines and lengthy terms of imprisonment. Multiple offenses, serious injury, and the use of weapons or firearms will also heighten these punishments.

In addition to the severe criminal consequences, domestic violence convictions will subject you to widespread scrutiny from a society that has become increasingly opposed to such behavior. Having a domestic violence charge on your record can impact your life beyond the criminal penalties handed down by the court.

Given the severity of these crimes, crafting a sound defense strategy and executing the plan during the negotiation or trial is of the utmost importance. With more than 100 criminal jury trials under our belt and unparalleled knowledge of criminal law and the prosecution's tactics, you can trust our domestic violence attorneys in St. Louis to deliver the skilled representation you require.

We know that domestic violence cases are immersed in emotion, strained relationships, and personal matters, and we know that wrongful accusations, misinterpretations, and other factors can lead to these serious allegations. As such, we do our best to extract the facts, convincingly present your case, and fight as aggressively as necessary on your behalf.

Degrees of Domestic Assault in Missouri

Fourth-Degree Domestic Assault

Even as the least serious accusation of domestic assault, you will face a Class A misdemeanor charge. If you are found guilty, you could have to pay up to $2,000 in fines and/or spend up to a year in jail. Even this “lesser” punishment could seriously disrupt your life. The state can win a conviction for domestic assault in the fourth degree if they can prove you targeted a domestic victim and:

• Tried to injure them;
• Acted recklessly in a way that resulted in injury, pain, or illness for the victim;
• Acted recklessly in a way that put them at risk of injury;
• Put them in harm’s way;
• Made unwanted physical contact, even if the contact was not in itself injurious; or
• Attempted to or succeeded in isolating the victim from in-person or virtual communications or transportation.

Fourth-degree domestic assault is the only type that is considered a misdemeanor and, if the accused has previously committed assault, the charge will be enhanced to a Class E felony.

Third-Degree Domestic Assault

A Class E felony, domestic assault in the third degree can come with a prison sentence of up to four years. This is not to mention the fact your record will show you are a violent felon, which could be a barrier to getting a job, renting an apartment, and accessing other essential services.

Domestic assault in the third degree includes:

• Attempts to physically injure a domestic victim
• Knowingly causing a domestic victim pain or illness

Notably, third-degree domestic assault charges usually only apply in situations where the victim was not injured. Higher charges can be made when a domestic victim suffered due to an attack.

Second-Degree Domestic Assault

In instances where the accused knowingly or recklessly causes injury, they may face a Class D felony charge. There is no “mandatory minimum” prison sentence someone must face after being convicted, but you could face up to seven years in state prison. An important thing to note about domestic assault in the second degree is the statute’s specificity regarding the severity of the situation. If any injury is recklessly caused, it must be serious; otherwise, the defendant cannot be charged at this level.

First-Degree Domestic Assault

Similar to the above charges, a conviction for domestic assault in the first degree requires the state to prove the defendant:

• Attempted to kill a domestic victim; or
• Attempted to cause serious physical injury.

The law specifies only that a defendant must attempt a vicious or deadly attack. This leaves a dangerous gap where a prosecutor may try to argue the injury you threatened may have been a “serious” one to try to win a conviction at the highest level. If the victim is uninjured, the defendant will face Class B felony charges; if the attack succeeds, the charge will be a Class A felony. Class B felonies are punishable by five to 15 years in prison; Class A felonies could result in a life sentence.

To set up a free case evaluation or to speak with a qualified attorney from our firm, contact The Hammer Law Firm, LLC as soon as possible.