Domestic Violence Lawyer St. Louis, MO

What Are Missouri’s Domestic Assault Laws?

Missouri domestic violence law can be found here. The definitions for “domestic assault” are largely the same as regular Missouri statutes regarding simple assault. There are four degrees of domestic assault in Missouri:

• First-degree domestic assault (RSMo §565.072) — First-degree domestic assault is reserved for “attempting to kill, knowingly causing, or attempting to cause serious physical injury” to a domestic victim. The base penalty for this is a class B felony (5-15 years in prison), but if “serious physical injury” is inflicted the charge can be upgraded to a class A felony (10-30 years, or potentially life imprisonment).


• Second-degree domestic assault (RSMo §565.073) — Second-degree domestic assault occurs when someone:
  • Knowingly causes physical injury to a domestic victim with a deadly weapon, dangerous instrument or by choking or strangulation
  • Recklessly causes serious physical injury to a domestic victim
  • Recklessly causes physical injury to a domestic victim by means of any deadly weapon

  Second-degree domestic assault is a class D felony, punishable by up to seven years in prison and a $10,000 fine.



• Third-degree domestic assault (RSMo §565.074) — Third-degree domestic assault occurs when someone attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim. It is a class E felony, which as mentioned above can mean up to four years in state prison.


• Fourth-degree domestic assault (RSMo §565.076) — Fourth-degree domestic assaults occur when someone:
  • Attempts to cause or recklessly causes physical injury, pain or illness to a domestic victim
  • Causes injury to a domestic victim with a deadly or dangerous weapon through criminal negligence
  • Purposely puts a domestic victim in fear of physical injury
  • Recklessly engages in conduct which creates substantial risk of death or serious physical injury
  • Causes physical contact with a domestic victim knowing they’ll regard the contact as offensive
  • Knowingly attempts to cause or causes isolation of a domestic victim by restricting or limiting access to other people, phones, other electronic devices or transportation

  Fourth-degree domestic assaults are usually classified as a class A misdemeanor (punishable by up to a year in jail and a maximum $2,000 fine). However, if someone has been previously convicted of domestic assault twice before, this charge can be upgraded to a class E felony, which as mentioned above can mean up to a four-year prison sentence.

Those convicted of domestic violence charges also face additional penalties above and beyond a court sentence. Federal law stipulates that anyone convicted of a domestic violence offense, even if it is a misdemeanor, cannot legally possess a firearm. This goes above and beyond Missouri state regulations, which bar gun ownership only if someone is a convicted felon.

What Other Domestic Violence Crimes Are There in St. Louis, Missouri?

Crimes against domestic victims are not just limited to causing or threatening injury. Other crimes that a parent or family member may be accused of include:

• Child abuse, neglect or abandonment (RSMo §568.060, RSMo §568.030, RSMo §568.032) —

  Abuse of a child occurs when someone over the age of 18 causes a child causes physical, sexual or mental injury. Neglect is when someone puts a child in a situation where those injuries can occur. A conviction would result in anywhere from a class D to a class A felony.

  Child abandonment in the first degree occurs when someone, as a parent or guardian, leaves a child under the age of 4 in any place with an intent to abandon them, and in circumstances that are likely to lead to serious injuries or death. Second-degree child abandonment occurs in the same situation with a child less than 8 tears old. They are both class B felonies, or a class A felony if the child dies.



• Endangering the welfare of a child (RSMo §568.045, RSMo §568.050)—

  First-degree endangering the welfare of a child occurs when someone:

  • Knowingly acts in a manner that creates substantial risk to a child’s life, body or health
  • Who is a parent or guardian knowingly engages in sexual misconduct
  • Knowingly encourages, aids or causes a child to engage in any drug crimes
  • Produces, possesses, sells or transports amphetamine or methamphetamine in the presence or residence of a child

  Convictions result in anywhere from a class D to class A felony.

  Second-degree endangering the welfare of a child occurs when someone:

  • With criminal negligence, creates substantial risk to a child’s life, body or health
  • Knowingly encourages, aids or causes a child to engage in any juvenile crimes
  • Who is a parent or guardian fails to reasonably prevent a child from committing a juvenile crime
  • Knowingly encourages, aids or causes a child to enter a room, building or structure that’s considered a public nuisance

  A second-degree conviction can result in a class A misdemeanor or class E felony.



• Parental kidnapping (RSMo §565.153)—

  Parental kidnapping occurs when someone takes, detains, conceals or entices away a child, without good cause, with the intent of depriving another person of their custody rights. Its is a class D or class E felony.



• Other crimes potentially involving “domestic victims” include:
  • Elder abuse
  • Stalking
  • Sex crimes
  • Harassment