Violent Crimes

Shane and Erica represent people charged with violent crimes, including:

• Assault

• Manslaughter

• Murder

Assault Charges in Missouri

Under Missouri law, assault charges are divided into four (4) degrees:

First-Degree Assault under RSMo. § 565.050

https://revisor.mo.gov/main/OneSection.aspx?section=565.050&bid=29279&hl=

In Missouri, a person commits the offense of assault in the first degree by attempting to kill or knowingly causing or attempting to cause serious physical injury to another person. See RSMo. §565.050

First-degree assault is a Class B felony, which carries 5 to 15 years in prison (see below for increased penalty if crime was against a “special victim”).

Second-Degree Assault under RSMo. § 565.052

https://revisor.mo.gov/main/OneSection.aspx?section=565.052

In Missouri, a person commits the offense of second-degree assault by:

1. Attempting to kill or knowingly causing or attempting to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or
2. Attempting to cause or knowingly causing physical injury to another person by means of a deadly weapon or dangerous instrument; or
3. Recklessly causing serious physical injury to another person; or
4. Recklessly causing physical injury to another person by means of a discharge of a firearm.

Second-degree assault is a Class D felony, which carries up to 7 years in prison (see below for increased penalty if crime was against a “special victim”).

Third-Degree Assault under § 565.054

https://revisor.mo.gov/main/OneSection.aspx?section=565.054&bid=29282

In Missouri, a person commits the offense of assault in the third degree by knowingly causing physical injury to another person.

Third-degree assault is a Class E felony, which carries up to 4 years in prison (see below for increased penalty if crime was against a “special victim”).

Fourth-Degree Assault under § 565.056

https://revisor.mo.gov/main/OneSection.aspx?section=565.056

In Missouri, a person commits fourth-degree assault if:

1. The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;
2. With criminal negligence the person causes physical injury to another person by means of a firearm;
3. The person purposely places another person in apprehension of immediate physical injury;
4. The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;
5. The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or
6. The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

Fourth-degree assault is a class C misdemeanor, which can result in up to 15 days in jail and a fine of up to $700 (see below for increased penalty if crime was against a “special victim”).

Enhanced Penalties For Assault Against A “Special Victim”

When an assault is committed against the following “special victims” the penalties can be enhanced:

• Law enforcement officer;
• Emergency personnel;
• Probation and parole officers;
• Elderly person;
• Disabled person; and
• Other specified special victims.

Assault against a special victim raises the class of a criminal charge as follows:

• First-degree assault to a Class A felony
• Second-degree assault to a Class B felony
• Third-degree assault to a Class D felony
• Fourth-degree assault to a Class A misdemeanor

Missouri Manslaughter Charges

Voluntary Manslaughter under RSMo. §565.023

https://revisor.mo.gov/main/OneSection.aspx?section=565.023

In Missouri, a person commits the offense of voluntary manslaughter by:

1. Causing the death of another person under circumstances that would constitute murder in the second degree, except that he or she caused the death under the influence of sudden passion arising from adequate cause; or
2. Knowingly assisting another in the commission of self-murder.

Voluntary manslaughter is a class B felony, which carries 5 to 15 years in prison.

Involuntary Manslaughter First Degree under RSMo. §565.024

https://revisor.mo.gov/main/OneSection.aspx?section=565.024

In Missouri, a person commits the offense of involuntary manslaughter in the first degree by recklessly causing the death of another person. Involuntary manslaughter first degree is based on reckless behavior, which means the killing was unintentional.

Involuntary manslaughter first degree is a class C felony (3 to 10 years in prison) unless the victim is intentionally targeted as a law enforcement officer or because the victim is targeting for being a relative within the second degree of consanguinity or affinity to a law enforcement office, in which case it is a class B felony (5 to 15 years in prison).

Involuntary Manslaughter Second Degree under RSMo. §565.027

https://revisor.mo.gov/main/OneSection.aspx?section=565.027&bid=34705&hl=

In Missouri, a person commits the offense of involuntary manslaughter in the second degree by acting with criminal negligence to cause the death of any person. Involuntary manslaughter second degree is based on negligent behavior, which means the killing was unintentional.

Involuntary manslaughter second degree is a class E felony (up to 4 years in prison) unless the victim is intentionally targeted as a law enforcement officer or because the victim is targeted for being a relative within the second degree of consanguinity or affinity to a law enforcement office, in which case it is a class D felony (up to 7 years in prison).

Vehicular Manslaughter

In Missouri, for a person to be convicted of vehicular manslaughter, the state must prove two things:

1. That the person contributed to the accident; and
2. That the person’s driving behavior was criminally negligent.

Missouri Murder Charges

First-Degree Murder under RSMo. §565.020

https://revisor.mo.gov/main/OneSection.aspx?section=565.020

In Missouri, a person commits the offense of murder in the first degree by knowingly causing the death of another person after deliberation upon the matter.

If a person is 18 years or older at the time of the murder, the punishment shall either be death or imprisonment for life without eligibility for probation or parole. Under these circumstances, the only possibility of release is by act of the governor.

If a person had not yet reached age 18 at the time of the murder, the person shall be sentenced to a term of life without eligibility for probation or parole, life imprisonment with eligibility for parole, or 30 to 40 years imprisonment. In assessing which of these punishments to give an offender who had not turned 18 prior to the offense, there are specific factors that the court considers that can be found at RSMo. §565.033.

Second-Degree Murder under RSMo. §565.021

https://revisor.mo.gov/main/OneSection.aspx?section=565.021

In Missouri, a person commits the offense of murder in the second degree by:

1. Knowingly causing the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
2. Committing or attempting to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
   This second way of committing second-degree murder is also referred to as felony murder.

Murder in the second degree is a class A felony, which carries 10 to 30 years or life in prison. The punishment shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter.