Your Complete Guide Domestic Violence Gun Charges
A simple argument in your own home can get out of hand quickly, and while grabbing a firearm may have felt like the right thing to do at the time, it can come back and threaten your future if someone you argued with chooses to press charges.
A domestic violence charge is always serious, but when a firearm becomes involved your liberty is seriously at risk. Read on to learn everything you need to know so you can be prepared for your case.
What Domestic Violence Gun Charges Are There in Missouri?
Domestic violence charges are similar by definition with a firearm as they are without. A domestic violence gun charge is defined as “domestic violence with a deadly weapon”. You do not need to use the gun on someone to be charged with this, you simply need to have threatened the other person sufficiently that they believed they were at risk. Of course, if you do cause harm with a firearm – even if it’s not through firing it, the charge will be even more serious.
Firearms can also be a part of a domestic violence charge if they are used as part of a “reckless” act. Recklessness is the term used to define acts that aren’t necessarily done with the intent to harm another person, but are reckless enough that they have the possibility of doing so. This may involve:
- Shooting a gun near someone during a domestic dispute
- Pointing a gun at someone during a domestic dispute when they don’t know it is unloaded or the safety is on
Missouri domestic violence charges with a firearm are as follows:
- First Degree: an attempt to kill or cause serious physical injury with use of a deadly weapon is a class B felony, or a class A felony for a repeat offender.
- Second Degree: an attempt to cause or causes serious physical injury with a deadly weapon is a class C felony.
- Third Degree: an attempt to cause or knowingly causes physical injury with a deadly weapon is a class E felony.
- Fourth Degree: an attempt to cause or causing injury through reckless behavior with a firearm is a class A misdemeanor. However, be aware that the use of the deadly weapon will in many cases make it a third-degree charge.
Will I Get My Gun Rights Taken Away if I’m Charged?
Yes, if your domestic violence charge is a felony – even one in which there was no firearm involved – your right to a firearm will be taken away. It’s against federal law for someone who has been found guilty of a domestic violence crime to own a firearm, however, in Missouri, if it was a misdemeanor charge you can continue to buy and possess firearms and ammunition.
What Should I Do If I Believe I’ll Be Charged for Domestic Violence with a Firearm?
If you lose your temper and pick up a firearm during a domestic dispute, a bad argument can have the consequences of years in prison. You can’t leave your fate up to chance – contact an experienced domestic violence criminal defense lawyer to assess your case and start taking action today.
Here at Combs Law Group, we dedicate ourselves to fighting domestic violence cases that involve guns just like yours and will fight aggressively to ensure your charges are minimized or even dismissed. Contact us today for a free case evaluation so we can start working on your case as soon as possible.