Will I Go to Jail for First-Time Assault? Missouri Penalties Explained

Assault charges in Missouri can result in jail time, even for first-time offenders. However, the likelihood of actually serving time depends on several factors, including the specific degree of assault charged, the circumstances of the case, criminal history, and the quality of legal representation.

Missouri takes assault charges seriously, and the penalties vary significantly based on the severity of the offense. Understanding these differences is crucial for anyone facing assault charges, as the range of punishment goes from 15 days in jail for a misdemeanor to life imprisonment for the most serious felony assault charges.

Missouri’s Assault Classifications

Missouri law divides assault into four distinct degrees, each with different elements and penalties. The degree charged depends on the specific actions involved and the extent of any injuries caused.

Assault in the Fourth Degree

Assault in the Fourth Degree is the least severe assault charge in Missouri. Under RSMo § 565.056, a person commits this offense if the following is true:

“(1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person; (2) With criminal negligence the person causes physical injury to another person by means of a firearm; (3) The person purposely places another person in apprehension of immediate physical injury; (4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person; (5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or (6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.”

Penalties for Assault in the Fourth Degree:

• Generally a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,000
• Violations under subdivisions (3) or (6) are Class C misdemeanors, punishable by up to 15 days in jail and fines up to $700
• If the victim is a “special victim,” violations under subdivisions (3) or (6) become Class A misdemeanors

Assault in the Third Degree

Assault in the Third Degree represents a significant step up in severity. According to RSMo § 565.054, “A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person.”

Penalties for Assault in the Third Degree:

• Class E felony, punishable by up to 4 years in prison
• If the victim is a special victim, it becomes a Class D felony with up to 7 years in prison

Assault in the Second Degree

Assault in the Second Degree involves more serious circumstances. Under RSMo § 565.052, a person commits this offense if they:

“(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or (2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or (3) Recklessly causes serious physical injury to another person; or (4) Recklessly causes physical injury to another person by means of discharge of a firearm.”

Penalties for Assault in the Second Degree:

• Class D felony, punishable by up to 7 years in prison
• If the victim is a special victim, it becomes a Class B felony with a range of punishment of 5 to 15 years in prison

Assault in the First Degree

Assault in the First Degree is the most serious assault charge. RSMo § 565.050 states that “A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.”

Penalties for Assault in the First Degree:

• Class B felony, punishable by 5 to 15 years in prison
• If serious physical injury is inflicted or the victim is a special victim, it becomes a Class A felony punishable by 10 to 30 years or life imprisonment

Factors That Influence Whether First-Time Offenders Go to Jail

While Missouri assault statutes allow for jail time in all assault cases, several factors influence whether a first-time offender will actually serve time:

Severity of the Offense

Misdemeanor assault charges (Fourth Degree) are less likely to result in jail time for first-time offenders, especially if the circumstances are minor. However, felony assault charges carry a much higher likelihood of imprisonment.

Circumstances of the Case

Courts consider the specific facts surrounding the assault, including whether weapons were used, the extent of injuries, and whether the incident was provoked or unprovoked.

Victim Impact

The severity of the victim’s injuries and their personal circumstances can significantly influence sentencing decisions.

Defendant’s Background

While this focuses on first-time offenders, courts still consider factors like employment history, community ties, and willingness to seek counseling or anger management.

Quality of Legal Representation

An experienced criminal defense attorney can often negotiate plea agreements that reduce charges or secure alternative sentences like probation, community service, or court-supervised programs.

Potential Alternatives to Jail Time

Even when assault charges carry the possibility of jail time, first-time offenders may have alternatives available:

Probation

With the right legal representation, first-time assault offenders may receive a sentence of probation instead of jail time, particularly for misdemeanor charges. Probation typically includes conditions like avoiding further trouble with the law, completing community service, or attending counseling.

Suspended Imposition of Sentence (SIS)

Missouri law allows for a Suspended Imposition of Sentence in some cases. Under an SIS, if the defendant successfully completes probation, the case is removed from their public record and is not considered a conviction.

Deferred Prosecution

Some jurisdictions offer diversion programs that allow first-time offenders to avoid conviction by completing specific requirements like anger management classes, community service, or restitution.

Plea Agreements

Experienced attorneys may be able to negotiate plea agreements that reduce charges from felonies to misdemeanors or from higher degrees of assault to lower degrees, significantly reducing potential jail time.

Special Victim Considerations

Missouri law provides enhanced penalties when assault victims are “special victims.” This includes law enforcement officers, elderly persons, disabled persons, and other protected classes. Assaulting a special victim can elevate the degree of the charge and increase potential penalties significantly.

Long-Term Consequences Beyond Jail Time

Even when first-time assault offenders avoid jail time, convictions carry long-term consequences:

• Difficulty finding employment due to background checks
• Loss of professional licenses
• Restrictions on gun ownership rights
• Challenges in housing applications
• Impact on child custody proceedings
• Immigration consequences for non-citizens

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Assault charges are one of our  most common type of cases, so all of our attorneys are very experienced and well-trained in defending these charges.

We understand that first-time offenders often have the best chance of avoiding jail time, but only with proper legal representation. Our team approach means that multiple attorneys and staff members work together for the best outcome possible for each client.

When defending against assault charges, we:

• Thoroughly investigate the circumstances surrounding the allegations
• Challenge the prosecution’s evidence and witness testimony
• Explore all available defenses, including self-defense, defense of others, and lack of intent
• Negotiate with prosecutors for reduced charges or alternative sentencing
• Prepare strong trial defenses when cases cannot be resolved favorably through plea agreements

We have extensive experience in Missouri courts and are familiar with prosecutors and judges in the area. This familiarity allows us to better assess case strengths and weaknesses and develop effective defense strategies.

The Importance of Acting Quickly

If someone has been charged with assault in Missouri, time is critical. The sooner an experienced attorney becomes involved, the better the chances of achieving a favorable outcome. Early intervention allows attorneys to:

• Preserve important evidence that might support the defense
• Interview witnesses while their memories are fresh
• Begin plea negotiations before prosecutors become entrenched in their positions
• Prepare comprehensive mitigation packages that highlight the defendant’s positive qualities

Don’t Face Assault Charges Alone

Can someone go to jail for assault in Missouri? Absolutely. Will a first-time offender necessarily serve jail time? Not always, especially with proper legal representation.

At Rose Legal Services, we are passionate about helping good people get a second chance. We believe that everyone deserves strong legal representation, regardless of the charges they face.

Contact Rose Legal Services today to discuss the specific circumstances of the assault charges. We offer confidential consultations where we can explain the charges, discuss potential outcomes, and outline how we can help achieve the best possible result.

Your defense starts with a conversation.