How Missouri’s Criminal Law Handles Assault with a Deadly Weapon

In Missouri, the law takes assault with a deadly weapon very seriously. This crime is defined as attempting to cause physical harm to another person using a weapon capable of causing serious injury or death. Understanding how Missouri’s criminal law addresses this issue is essential for both potential offenders and victims.

Missouri law differentiates between various levels of assault, with the most severe charges being classified as felonies. The specific classification of assault with a deadly weapon largely depends on the circumstances surrounding the act, as well as the intent of the individual involved.

Under Missouri Revised Statutes, specifically Section 565.050, second-degree assault includes knowingly causing physical injury to another person by means of a deadly weapon. This offense is typically charged as a Class B felony. If convicted, individuals could face up to 15 years in prison and substantial fines.

First-degree assault, on the other hand, is reserved for more serious incidents and is classified as a Class A felony. This charge is applicable if the perpetrator attempts to cause or knowingly causes serious physical injury using a deadly weapon or dangerous instrument. The penalties for first-degree assault can be severe, with the possibility of a life sentence in prison.

It's essential to understand the difference between 'assault' and 'attempted assault.' In Missouri, attempted assault with a deadly weapon can also lead to severe consequences, as the law imposes penalties for the mere intention to commit assault. If someone is found guilty of attempting to commit this crime, it can still result in significant legal repercussions.

Defenses against charges of assault with a deadly weapon can include self-defense, defense of others, or lack of intent. If a defendant can prove that they acted out of fear for their safety or the safety of another, they may be able to avoid criminal liability. However, these defenses require compelling evidence and legal expertise.

Victims of assault with a deadly weapon in Missouri have the right to pursue both criminal charges and civil remedies. They may seek personal injury compensation through civil lawsuits if they suffer from physical or emotional damages due to the attack. This civil action can result in financial restitution, covering medical expenses, lost wages, and pain and suffering.

In conclusion, Missouri’s criminal law treats assault with a deadly weapon as a serious offense, reflecting the gravity of the crime. Understanding the classifications and potential defenses can help individuals navigate these complex legal waters. Whether facing charges or seeking justice as a victim, consulting with an experienced attorney is crucial to comprehending and effectively addressing assault with a deadly weapon under Missouri law.