Assault and aggravated assault are two different crimes in Missouri. Both involve harming or threatening to harm another person, but the level of harm and intent can change how the law treats the offense.
Understanding the difference is important because each charge carries different penalties and legal consequences. Being informed can help you prepare a suitable defense against the charges you are facing.
Assault in Missouri
Missouri law separates assault into four degrees, but first-degree is the most serious. Fourth-degree assault is usually a misdemeanor. Third-degree assault often includes causing physical pain or injury or placing someone in fear of immediate harm. For example, punching someone in a fight or threatening to hit them could lead to a third-degree assault charge.
Second-degree assault usually involves more serious injuries or using a dangerous instrument. If someone recklessly causes serious physical injury, such as breaking a bone, the charge may rise to the second degree. First-degree assault is the most serious and often includes trying to kill or seriously harm another person. This charge usually involves premeditation or extreme recklessness.
Aggravated assault in Missouri
The term “aggravated assault” does not appear as its own charge in Missouri law. Instead, it usually refers to certain forms of first-degree or second-degree assault that involve serious injury or the use of deadly weapons. When someone causes serious harm with a weapon or attacks a protected person, such as a police officer, the law considers the assault aggravated.
Aggravated assault often results in felony charges. These charges carry longer prison sentences and can affect many rights, including the right to own a firearm. Courts may also consider the intent behind the act and the amount of harm caused.
The difference between assault and aggravated assault in Missouri depends on how much harm the act caused and how dangerous the situation was. The more serious the injury and the more violent the action, the more likely the court is to consider it aggravated. Understanding how Missouri classifies these crimes can help you recognize how serious the consequences can become when violence escalates.