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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.
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).
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:
How a domestic assault case is handled at the beginning often determines whether it escalates or can be contained.
Domestic assault cases frequently trigger multiple proceedings at the same time.
A single allegation can result in:
Waiting to see how things play out is often a costly mistake. Early legal representation is critical to protecting rights and limiting damage.
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:
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:
Unless a bond is posted, release is often delayed by days, not hours.
To avoid extended detention during the notice period, courts frequently set cash or surety bonds, often in the five-figure range.
This means:
Bond decisions are often made before a full investigation occurs.
Domestic assault offenses are governed by Chapter 565 of the Missouri Revised Statutes.
Domestic assault charges apply when the alleged victim is a:
The degree of the charge depends on the alleged conduct, level of injury, and whether weapons are alleged.
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:
Domestic Assault in the Third Degree involves more serious allegations than fourth degree.
The state may allege that the accused:
•High-level felony
•Lengthy prison sentences
•Lifetime collateral consequences
In many domestic assault cases, an order of protection is filed immediately after the arrest.
This can result in:
The criminal case and the order of protection case usually proceed at the same time.
Domestic assault charges frequently impact firearm rights.
Depending on the charge and outcome:
Firearm issues must be addressed early and carefully.
Domestic assault cases frequently involve:
An arrest is not proof. The state must still prove guilt beyond a reasonable doubt.
There is no one-size-fits-all defense. Effective representation requires early action and careful analysis.
Defense strategies may include:
Preparation matters.
If you are accused or arrested:
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.
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