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DOMESTIC ASSAULT

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Domestic Assault Charges in Missouri

Domestic assault charges are some of the most common and most misunderstood criminal cases in Missouri. They are also some of the most dangerous to underestimate.

These cases often arise from arguments, emotional situations, or chaotic domestic incidents. Arrests frequently occur without witnesses, without injuries, and even when the alleged victim does not want charges pursued.

Once law enforcement becomes involved, the case belongs to the state, not the people involved.

565.072. Domestic Assault, First Degree:

1. A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term “domestic victim” is defined under section 565.002.

2. The offense of domestic assault in the first degree is a class B felony (not less than five years and not to exceed fifteen years) unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a class A felony (not less than ten years and not to exceed thirty years, or life imprisonment).

Defense Experience Matters in Domestic Assault Cases

Domestic assault cases move fast and trigger immediate consequences that extend far beyond the criminal charge.

Attorney Thomas Kissell has handled thousands of criminal cases across Missouri, including domestic assault allegations ranging from misdemeanor offenses to serious felony charges. His experience includes defending cases involving:

  • Arrests based solely on allegations
  • Competing narratives with no physical evidence
  • Mandatory arrest policies
  • Orders of protection filed alongside criminal charges
  • Cases where alleged victims later recant

How a domestic assault case is handled at the beginning often determines whether it escalates or can be contained.

 

Why Early Legal Representation Is Critical

Domestic assault cases frequently trigger multiple proceedings at the same time.

A single allegation can result in:

  • Arrest and incarceration
  • Criminal charges
  • Temporary orders of protection
  • Firearm restrictions
  • Removal from the home
  • Employment consequences

Waiting to see how things play out is often a costly mistake. Early legal representation is critical to protecting rights and limiting damage.

Bond in Domestic Assault Cases Is Not Automatic

Bond is one of the most misunderstood and most dangerous stages of a domestic assault case.

In Missouri, bond conditions in domestic assault cases cannot be modified without proper notice to the alleged victim. This means release from custody is often far more complicated than people expect.

If you are arrested:

  • The court cannot simply modify bond conditions immediately
  • The alleged victim must receive notice and an opportunity to be heard
  • If the alleged victim does not support release or cannot be reached, the court often cannot act

The Seven Day Hold Reality

In many domestic assault cases, if the alleged victim does not support immediate release, the accused is often held for up to seven days.

This happens because:

  • Notice to the alleged victim is required
  • Hearings cannot always be scheduled quickly
  • Courts are cautious about modifying no-contact or release conditions

Unless a bond is posted, release is often delayed by days, not hours.

Five Figure Bonds Are Common

To avoid extended detention during the notice period, courts frequently set cash or surety bonds, often in the five-figure range.

This means:

  • Posting bond may be the only way to secure release
  • Failure to post bond can result in extended jail time
  • Bond conditions almost always include strict no-contact provisions

Bond decisions are often made before a full investigation occurs.

 

Missouri Domestic Assault Laws

Domestic assault offenses are governed by Chapter 565 of the Missouri Revised Statutes.

Domestic assault charges apply when the alleged victim is a:

  • Spouse or former spouse
  • Family or household member
  • Person with whom the accused shares a child
  • Person in a current or former intimate relationship

The degree of the charge depends on the alleged conduct, level of injury, and whether weapons are alleged.

Domestic Assault in the Fourth Degree RSMo 565.076

Domestic Assault in the Fourth Degree is the most commonly charged domestic assault offense.

A person may be charged if the state alleges that he or she:

  • Attempted to cause physical injury
  • Recklessly caused physical injury
  • Knowingly placed another person in apprehension of immediate physical injury
  • Engaged in offensive physical contact

Penalties

  • Class A misdemeanor in most cases
  • Jail time is possible
  • Probation is common
  • Mandatory programs are frequently ordered

Domestic Assault in the Third Degree RSMo 565.074

  • Domestic Assault in the Third Degree involves more serious allegations than fourth degree.

    The state may allege that the accused:

    • Knowingly caused physical injury
    • Recklessly caused serious physical injury
    • Attempted to cause physical injury using a deadly weapon

Penalties

  • Felony offense
  • Prison exposure
  • Longer probation terms
  • Permanent criminal record
  • Domestic Assault in the Second Degree RSMo 565.073

    • Domestic Assault in the Second Degree involves allegations of serious harm or dangerous conduct. Common allegations include:
      • Knowingly causing serious physical injury
      • Causing injury by means of a deadly weapon
      • Conduct creating a substantial risk of death
  • Penalties

    • Serious felony charge
    • Substantial prison exposure
    • Enhanced sentencing possibilities
  • Domestic Assault in the First Degree RSMo 565.072

    • Domestic Assault in the First Degree is the most serious domestic assault charge under Missouri law. It typically involves allegations that the accused:
      • Knowingly caused serious physical injury
      • Acted with extreme indifference to human life
      • Used a deadly weapon in a manner likely to cause death
  • Penalties

    •High-level felony
    •Lengthy prison sentences
    •Lifetime collateral consequences

    Orders of Protection Commonly Follow Domestic Assault Arrests

    In many domestic assault cases, an order of protection is filed immediately after the arrest.

    This can result in:

    • No-contact orders
    • Removal from the home
    • Firearm surrender requirements
    • New criminal exposure for any violation

    The criminal case and the order of protection case usually proceed at the same time.

    Firearm Rights and Domestic Assault Charges

    Domestic assault charges frequently impact firearm rights.

    Depending on the charge and outcome:

    • Firearms may be required to be surrendered
    • Possession may become a criminal offense
    • Federal restrictions may apply

    Firearm issues must be addressed early and carefully.

     

    Why Domestic Assault Cases Are Often More Complex Than They Appear

    Domestic assault cases frequently involve:

    • Conflicting stories
    • Emotional or intoxicated statements
    • No independent witnesses
    • Minor or disputed injuries
    • Allegations made during relationship conflict
    • Later recantations that do not stop prosecution

    An arrest is not proof. The state must still prove guilt beyond a reasonable doubt.

    How Domestic Assault Cases Are Defended

    There is no one-size-fits-all defense. Effective representation requires early action and careful analysis.

    Defense strategies may include:

    • Challenging credibility and inconsistencies
    • Examining medical and photographic evidence
    • Attacking intent and mental state
    • Highlighting lack of corroboration
    • Suppressing improper statements
    • Preventing charge escalation

    Preparation matters.

    What To Do If You Are Arrested or Accused of Domestic Assault

    If you are accused or arrested:

    • Do not speak to law enforcement without an attorney
    • Do not attempt to explain or minimize the situation
    • Do not contact the alleged victim
    • Do not assume bond will be quick or easy
    • Contact an experienced defense attorney immediately

    Early mistakes in domestic assault cases are often irreversible.

     

    Confidential Consultation for Domestic Assault Defense

    Attorney Thomas Kissell of Kissell Law Group defends individuals facing domestic assault charges across Missouri.

    If you have been arrested, are being held on bond, or believe charges may be coming, time matters.

    Initial consultations are absolutely free.
    All consultations are confidential and judgment-free.

    Contact Kissell Law Group today to protect your rights.

    Need Any Help?

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