Last Updated on September 15, 2022 by admin
Introduction
You might be surprised to know that, in Missouri, assault cases are one of the most charged victim-related crimes. When it comes to assault, there are basically 4 different levels; starting from a misdemeanor all the way to a Class A felony.
When you are thinking about getting an assault charge, there are a lot of reasons behind that. The state of Missouri has a solid interest in prosecuting assault to the fullest degree possible. In case any special victim is involved, or the injuries are serious, the charges can also be much more serious.
Here, in this article, we will only talk about the 4th degree of assault in Missouri. But before jumping into the main topic, let’s understand the assault charges.
Where Do Assault Charges Come From?
Different types of instances can lead to an assault charge in Missouri. In most cases. Some of the summon charges are the result of physical altercations, which include striking that too without or with a weapon or an immediate threat to strike or hurt an individual without or with any type of weapon.
At the same time, often, an assault does not include any immediate physical acts toward someone else.
Often various levels of assault charges are used by prosecutors in order to mold the conduct they might be thinking to be dangerous or intimidating to another individual even when an individual was not directly threatened or stricken in a usual manner.
In case you are charged with any type of assault charge in Missouri. You must opt for an assault defense attorney.
What Is The Law In Missouri For 4th Degree Assault?
Now, as you have understood the basics of an assault charge, we will start with the main topic, assault 4th degree missouri.
Assault 4th degree missouri is the least serious type of assault charge. Still, the conviction under Missouri law could bring serious and harsh consequences. When it comes to proving a 4th degree assault, there are plenty of ways to proove that.
Here are the instances when an individual is considered to be committing the offense of assault in the 4th degree.
- The individual causes physical injury to another individual with criminal negligence by means of a firearm.
- The individual attempts to cause or recklessly causes any type of physical pain, physical injury, or illness to the other person.
- Purposely the individual puts another individual in the worry of immediate physical injury.
- The individual is recklessly involved in conduct that produces a substantial risk of death or any type of serious physical injury to another individual.
- The individual attempts to cause or knowingly causes physical contact with an individual with a disability that would be considered provocative or offensive to a reasonable person or who does not have a disability.
- The individual knowingly causes any type of physical contact with another individual, knowing that the other individual will regard the contact as provocative or offensive.
Usually, 4th degree assault is a class c misdemeanor. However, in case the victim is a special victim, it becomes a class A misdemeanor.
Under Missouri Law, What Is A “Special Victim?”
Now, we will have a look at the conditions when a special victim is considered.
- A law enforcement officer has been assaulted in fulfilling their duties or responsibilities as a direct result of those official duties.
- An individual with a disability.
- An elderly person.
- A vulnerable person.
- Any volunteer or paid firefighter, emergency personnel, hospital, emergency room or trauma center patient, or any emergency medical technician, assaulted in the performance of their official duties or as a completely direct result of those types of official duties.
- A highway worker in a work zone or construction zone as the terms “highway worker,” “work zone,” and “construction zone” is defined under the particular Missouri Law.
- Any correction officer or jailer of the state or one of the state’s political subdivisions assaulted in the performance of their official duties as a direct result of those types of official duties.
- Any cable worker, that means an employee of any cable operator, any individual employed under contract is defined under Missouri law when they are performing their duties.
- Any utility worker who is an employee of a utility, which offers heat, water, electricity, steam, gas, sewer services, or telecommunication services, whether they are municipally, cooperatively, or privately owned, when they are performing their job duties.
To Conclude
We believe after going through this article you have developed a basic understanding about the 4th degree assault in Missouri. It is always best to get help from legal professionals. In case you have any doubt, we are always here to help you.
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