Assault

Assault Attorney In Kansas City

Are You Facing Assault Charges?

Don’t face assault charges alone. Assault is a serious crime in all states – so take your defense seriously. More than likely, the officers will question you about the circumstances of the situation to trap you into making an incriminating statement. In the stress that comes with an arrest, you might say something that the prosecutor could use against you in court. So, don’t say anything until you’ve spoken to an experienced criminal defense attorney. Our expert criminal defense team will spare no effort to track down every piece of evidence that might help your case, whether that be dismissal of the charges, a favorable verdict at trial, or, at least, a significant reduction in charges and sentencing.

Don’t wait. Contact one of our compassionate criminal defense lawyers today by visiting us online or calling us at816-221-6006.

Contact Troppito Miller Griffin, LLC to schedule a consultation with a lawyer today. 816-221-6006

Defining Assault in Missouri

In Missouri, assault is defined as an intentional act that causes another person to fear imminent harm. The threat of harm is enough for an assault charge, even if no physical contact occurs. Missouri distinguishes between first- and second-degree assault, with the primary difference being the level of harm caused or the presence of a deadly weapon. In first-degree assault, the defendant causes serious physical injury to the victim or uses a dangerous weapon with the intent to harm. Second-degree assault may involve less severe injury or threats of harm without the use of a weapon.

In addition to the severity of the injury, Missouri law also considers the intent behind the assault. If the defendant acted with malicious intent, the charges may be escalated. However, if the defendant was acting in self-defense or did not intend to cause fear or harm, they may have a legal defense. The penalties for a conviction vary significantly depending on the charge, which is why it’s important to grasp the full scope of the laws surrounding assault in the state.

Assault vs. Similar Terms

Many people confuse the terms "assault," "battery," and "battery assault," but these words have specific legal meanings. Assault does not require physical contact—only the intentional act of causing fear of harm. Battery, on the other hand, involves actual physical contact with the victim. In simple terms, assault is the act of threatening harm, while battery is the act of inflicting harm. An individual may face assault charges without ever touching the other person, as long as the victim feels threatened by their actions.

The confusion between assault and battery can also extend to the concept of "battery assault." In legal terms, assault refers to the fear of imminent harm, while battery refers to the infliction of that harm. The penalties for each can differ, and the specific charge brought against a defendant will depend on the nature of the act. In cases involving both assault and battery, defending each charge separately could result in a reduction of penalties, depending on the circumstances.

Defending an Assault

Defending an assault charge requires a solid strategy, and the most common defense is self-defense. Still, self-defense claims must be reasonable—if the defendant used excessive force beyond what was necessary to protect themselves, the defense could fail. In such cases, a detailed examination of the threat posed to the defendant and the response they made is essential to establishing a legitimate defense.

Another common defense involves lack of intent. In Missouri, assault charges require proof that the defendant intentionally caused the victim to fear harm. If the defendant did not act with this intent—perhaps due to a misunderstanding or an accidental action—they may be able to argue that no assault took place. Additionally, the defense might focus on undermining the victim’s credibility by presenting conflicting statements or evidence that challenges the victim’s version of events.

How Good Are My Chances of Winning?

Your chances depend on:

• Strong evidence: Clear, compelling evidence like video footage, photographs, or credible witnesses can make a significant difference.
• Credible witnesses: Multiple witnesses supporting your account or contradicting the victim’s testimony can weaken the prosecution’s case.
• Skilled legal representation: A well-prepared, experienced attorney can navigate the legal system, challenge evidence, and present a strong defense.
• Lack of physical evidence: If the prosecution cannot provide physical evidence supporting the assault, the case becomes harder to prove.
• Self-defense claims: Proving that you acted in self-defense can lead to an acquittal or reduced charges.

How Long Do Assault Cases Take?

A few months, with extra time added if the events are unclear, one party had intention to murder, or if the case goes to court. For straightforward cases involving minor injuries or clear evidence, the process may take just a few months. This includes time for preliminary hearings, potential plea deals, and possibly a trial. However, more serious assault cases, especially those involving significant injury or the use of a weapon, can take much longer to resolve.

If the case goes to trial, it can take several months or even over a year to reach a verdict. This process involves gathering evidence, interviewing witnesses, and preparing legal arguments. Trials also face delays due to scheduling conflicts or pretrial motions. However, many assault cases are resolved before trial through plea negotiations, which can shorten the timeline. If new evidence arises or if there are complex legal issues, the process may be delayed further.

Other FAQs

What Are The Penalties For Assault In Missouri?

Penalties for assault in Missouri depend on the degree of the charge. First-degree assault is a felony and can result in up to 30 years in prison. Second-degree assault is a class D felony, which carries a prison sentence of up to 7 years, including fines, restitution, and probation.

Can An Assault Charge Be Dropped?

An assault charge can be dropped if the prosecutor determines there is insufficient evidence or if the victim decides not to press charges. However, since the state files criminal charges, the decision to drop the case ultimately lies with the prosecutor.

Can I File A Civil Suit For Assault?

Yes, victims of assault can file a civil lawsuit to seek damages. This lawsuit can address medical expenses, lost wages, pain and suffering, and emotional distress. A successful civil case may result in compensation for the victim, separate from any criminal penalties imposed.

Can A Victim Drop Charges For Assault?

Although a victim can request that the charges be dropped, it is up to the prosecutor to decide whether to proceed with the case. The decision to move forward with criminal charges is made by the state, not the individual.

What Evidence Is Needed To Prove Assault?

To prove assault, the prosecution must show that the defendant intentionally caused the victim to fear imminent harm. Evidence may include witness statements, medical records, photographs of injuries, or video footage. If self-defense is claimed, the defendant must demonstrate that their actions were reasonable and necessary to protect themselves from harm.

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