Can You Be Charged With Assault if You Were Hit First in Missouri?

Getting arrested for assault after someone else threw the first punch feels fundamentally unfair, but it happens regularly. Law enforcement officers responding to fights, domestic disputes, or altercations often can’t determine who started the conflict, and in many cases, they arrest everyone involved and let prosecutors sort it out later. Being hit first doesn’t automatically shield someone from assault charges.

Missouri law does recognize the right to self-defense, but that protection functions as a legal defense raised during the case, not as immunity from arrest or prosecution. Whether someone can successfully claim self-defense depends on who was the initial aggressor, whether the force used in response was proportional to the threat, and what the person reasonably believed at the time. Understanding these distinctions can mean the difference between a conviction and an acquittal.

Missouri’s Self-Defense Law (RSMo § 563.031)

Missouri recognizes the right to use physical force to protect oneself or others under RSMo § 563.031. The statute provides:

“A person may… use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person…”

The critical elements are what the person reasonably believed at the time and whether the force used was necessary to defend against unlawful force. Courts don’t evaluate self-defense claims based on what actually happened in hindsight but on what a reasonable person would have believed in that moment.

The Initial Aggressor Rule

Missouri law bars people who started the conflict from claiming self-defense. According to RSMo § 563.031(2)(1), the right to use physical force does not apply if:

“The actor was the initial aggressor…”

This means if someone provoked the fight, threw the first punch, or initiated the confrontation, they generally cannot claim self-defense for what happened next. But the statute includes an important exception. Even initial aggressors can regain the right to self-defense if they:

• Clearly withdrew from the encounter
• Communicated that withdrawal to the other person
• The other person continued or renewed the use of unlawful force

For example, if someone starts a fight but then backs away, says they’re done, and tries to leave, but the other person keeps attacking, the initial aggressor may be justified in using force to defend themselves at that point.

Proportional Force: Why “They Hit Me First” Isn’t Always Enough

Missouri’s self-defense statute doesn’t give blanket authorization to use any amount of force just because someone was hit first. The law specifically limits justified force to what’s necessary.

The phrase “to the extent…necessary” means the force used must be limited to what’s needed to stop the threat. Courts evaluate whether the amount of force used was more than what a reasonable person would have believed was necessary under the circumstances.

Examples where force may exceed what’s “necessary”:

• Someone shoves another person, and the response is to hit them with a weapon.
• Someone slaps another person, and the response is to keep striking after the slap stops.
• Someone makes a verbal threat without taking physical action, and the response is physical violence.

Whether force was “necessary” depends on what a reasonable person in that situation would have believed was needed to defend against the threat. Responses that go beyond stopping the immediate threat can result in assault convictions even when the other person started the confrontation.

Deadly Force and Serious Physical Injury

Missouri law allows the use of deadly force in more limited circumstances. According to RSMo § 563.031(2), deadly force is justified only when a person reasonably believes it’s necessary to protect against:

• Death
• Serious physical injury
• Any forcible felony

“Serious physical injury” is defined in RSMo § 556.061 as injury that creates a substantial risk of death or causes serious disfigurement or protracted loss or impairment of any bodily function.

This means using deadly force in response to minor physical altercations typically won’t be justified, even if the other person hit first.

Missouri’s Stand Your Ground Law

Missouri does not require people to retreat before using force in self-defense, provided they’re in a place where they have a legal right to be. According to RSMo § 563.031(3), a person has no duty to retreat from:

• A dwelling, residence, or vehicle they lawfully occupy
• Private property they own or lease
• Any other location where they have a legal right to be

This “stand your ground” provision means someone doesn’t have to try to run away or leave before defending themselves. However, this doesn’t mean any use of force is justified – all the other requirements for lawful self-defense still apply.

Why People Still Get Arrested After Being Hit First

Several factors explain why arrests happen even when someone was defending themselves:

Law Enforcement Can’t Always Determine Who Started It

Officers arriving after a fight has occurred face conflicting stories, no witnesses, or situations where both parties have injuries. In these cases, police often arrest everyone involved and let prosecutors and courts resolve the dispute.

Mandatory Arrest Policies

Missouri law requires arrest in certain situations. Under RSMo § 455.085, officers must arrest when they have probable cause to believe domestic violence occurred, regardless of who may have been acting in self-defense. The statute also addresses situations where both parties claim to have been assaulted, instructing officers to identify and arrest the “primary physical aggressor” rather than both parties.

Visible Injuries Create Probable Cause

When both people have injuries, officers may have probable cause to believe both committed assault. Self-defense claims are sorted out later in the legal process.

Excessive Force Concerns

Even if someone was hit first, officers may arrest them if the response appears disproportionate to the initial attack.

Self-Defense Is Raised During the Case, Not at the Scene

The most important thing to understand is that self-defense is a legal defense presented during criminal proceedings, not something that prevents arrest. Once charges are filed, the defendant bears the burden of presenting some evidence supporting self-defense. The prosecution must then prove beyond a reasonable doubt that the force used was not justified.

This process typically involves:

• Witness testimony about who was the aggressor
• Medical records documenting injuries
• Photos or video evidence of the confrontation
• Expert testimony about proportionality and reasonableness
• Character evidence about both parties

What to Do If You’re Charged With Assault After Defending Yourself

If arrested for assault after being hit first:

1. Do not make statements to police without an attorney present
2. Do not discuss the incident with anyone except your lawyer
3. Preserve all evidence including photos of injuries, text messages, witness contact information, and surveillance footage
4. Contact an experienced criminal defense attorney immediately
5. Follow your attorney’s advice about raising self-defense claims

How Our St. Louis Assault Attorneys Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys regularly handle assault cases involving self-defense claims and understand how to present these defenses effectively in Missouri courts.

When working with us, clients benefit from:

• Experienced criminal defense attorneys who know Missouri’s self-defense laws thoroughly
• A team approach with attorneys and support staff. When a case calls for additional investigation or expertise, we engage trusted investigators and expert witnesses as needed.
• Thorough investigation of witness accounts, injuries, and circumstances surrounding the incident
• Strategic defense planning that addresses both the assault charges and self-defense justification
• Clear communication through dedicated Client Care Specialists

We’ve represented many individuals charged with assault after defending themselves, and we understand that these cases require careful investigation and strong advocacy to present the full context of what happened.

Contact us today for a confidential consultation.

Your defense starts with a conversation.