What is 4th Degree Assault in Missouri?
In the state of Missouri, assault is a serious criminal offense that can result in severe penalties, including fines and imprisonment. There are several degrees of assault, each with its own set of penalties and circumstances. In this article, we will focus on 4th degree assault in Missouri, its definition, penalties, and the legal process.
Definition of 4th Degree Assault in Missouri
4th degree assault is a class A misdemeanor in Missouri, which means it is considered a less serious offense compared to higher degrees of assault. According to Missouri Revised Statutes §562.041, 4th degree assault is defined as:
- "A person commits the offense of fourth-degree assault if, with intent to cause physical injury to another person, he causes such physical injury to such person."
In simpler terms, 4th degree assault occurs when someone intentionally causes physical harm to another person. This can include physical contact, such as hitting, pushing, or kicking, that results in physical injury.
Penalties for 4th Degree Assault in Missouri
The penalties for 4th degree assault in Missouri are as follows:
- Fine: Up to $1,000
- Imprisonment: Up to 1 year
- Probation: Up to 1 year
It’s important to note that these penalties can increase if the victim is a minor, elderly, or disabled, or if the assault is committed in the presence of a child.
Circumstances that can lead to 4th Degree Assault Charges
The following circumstances can lead to 4th degree assault charges in Missouri:
- Physical contact: Any physical contact that results in physical injury, such as hitting, pushing, or kicking.
- Intent to cause harm: The accused must have intended to cause physical harm to the victim.
- Physical injury: The victim must have suffered physical injury as a result of the assault.
Examples of 4th Degree Assault
Here are some examples of 4th degree assault in Missouri:
- A person punches another person in the face, causing a black eye.
- A person pushes another person, causing them to fall and injure their ankle.
- A person kicks another person, causing them to suffer a bruised ribcage.
Legal Process for 4th Degree Assault in Missouri
The legal process for 4th degree assault in Missouri typically involves the following steps:
- Arrest: The accused is arrested and taken into custody.
- Charging: The accused is charged with 4th degree assault.
- Arraignment: The accused appears in court and is informed of the charges against them.
- Pre-trial: The accused may have the opportunity to negotiate a plea bargain or go to trial.
- Trial: The case is presented to a jury, and the accused is found guilty or not guilty.
- Sentencing: If found guilty, the accused is sentenced according to the penalties outlined above.
Defenses to 4th Degree Assault in Missouri
There are several defenses that can be used to defend against 4th degree assault charges in Missouri, including:
- Self-defense: The accused acted in self-defense to protect themselves from harm.
- Defense of others: The accused acted to protect someone else from harm.
- Accident: The physical contact was accidental and not intentional.
- Lack of intent: The accused did not intend to cause physical harm to the victim.
Conclusion
4th degree assault is a serious criminal offense in Missouri that can result in severe penalties. It is important to understand the definition, penalties, and legal process involved in 4th degree assault charges. If you have been charged with 4th degree assault, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal process and defend your rights.
Table: Penalties for 4th Degree Assault in Missouri
| Penalty | Maximum Sentence |
|---|---|
| Fine | $1,000 |
| Imprisonment | 1 year |
| Probation | 1 year |
Bullets: Circumstances that can lead to 4th Degree Assault Charges
• Physical contact
• Intent to cause harm
• Physical injury
• Minor, elderly, or disabled victim
• Assault committed in the presence of a child
