A conviction of domestic violence attracts consequences. If you face an accusation of domestic violence, an understanding of the charges can help you with the defense. Below is an overview of domestic violence charges in Missouri.

The Charges Can Include Nonviolent Actions

You don't have to be violent for the authorities to charge you with domestic violence. For example, the authorities can charge you with domestic violence if:

 

• You isolate a family member from other family members. An example is if you deny a paralyzed sibling access to a telephone that they can use to stay in touch with other family members.
• You stalk a family member. Examples are if you regularly log into a sibling's social media accounts, call them all the time, or follow them around.
• You abuse a family member emotionally. Examples are if you call your spouse names or interfere with their relationship with the children.

 

Thus, you shouldn't assume that domestic violence only occurs if you are physically violent toward someone.

The Victims Can Include Non-Family Members

Secondly, you should know that the victim doesn't have to be a family member for your actions to constitute domestic violence. For example, in Missouri, you are guilty of domestic violence if you commit abuse or violence against:

 

• Former spouses
• People you live with or have lived with in the past, such as roommates
• People you date or have dated in the past
• Anyone with whom you have a child

 

Thus, you could receive domestic violence charges even if the victim of your alleged crime is not a family member. The authorities will scrutinize your relationship with the person and determine the right charges.

The Intent Matters

Domestic violence is an intentional crime. If the authorities charge you with domestic violence, the court will examine whether you intended to commit the act or omission, and not whether you intended to cause harm. 


For example, an accidental discharge of a firearm is not domestic violence, even if the bullet hits someone. However, if you knowingly discharge a firearm and hit someone, you may be guilty of domestic violence even if you never intended to hit anyone.

There Are Four Classes of Domestic Violence

 Most states classify domestic assault into different categories. Missouri has classified domestic assault into four degrees

 

1. First Degree

 

The first degree is the most serious class of domestic violence. Domestic assault in the first degree includes:

 

• An attempt to kill a domestic victim
• An attempt to cause serious injury to a domestic victim
• Causing serious injury to a domestic victim

 

A conviction of domestic violence in the first degree can attract many years behind bars - you can even get life imprisonment.

 

2. Second Degree

 

Domestic violence in the second degree is mainly about actual (not an attempt at) physical injury. The charges apply irrespective of the instrument you used to cause the injury, even if it's your bare hands. This class of domestic violence includes both intentional and reckless acts.

 

3. Third Degree

 

Domestic violence in the third degree involves an attempt to cause physical injury to a domestic victim. Actual physical injuries that are relatively minor can also trigger the charge.

 

4. Fourth Degree

 

Lastly, domestic violence in the fourth degree involves physical (minor) and non-physical injuries. For example, you may face the charge if you isolate a domestic victim from other family members or if you threaten to harm a domestic victim.



If you face domestic violence charges, always remember that you are innocent until the court proves you guilty. David Naumann & Associates has experienced, dedicated, and compassionate associates.



Contact us for a consultation about your criminal charges so that we can determine the best defenses for your case.