Domestic Assault Lawyer in Columbia, MO

The State of Missouri considers any act of violence or pattern of physical abuse to be domestic assault. Domestic assault can be a misdemeanor or felony offense, imposing extensive prison time and hefty fines if convicted. Domestic assault charges only apply between persons who share a special relationship, which must be established before a prosecutor will press charges.

If you have recently been charged with domestic assault, you may find yourself utterly perplexed. At Landon Miller Law, our Columbia, MO, domestic assault lawyer takes his role of helping people at their lowest very seriously. The moment you realize that you have landed on the wrong side of the law is the moment you need to speak with an attorney.

Examples of Domestic Assault

Any of the following behaviors will constitute a domestic assault charge in Missouri:

• Slapping, hitting, punching, strangling, kicking, or biting
• Threatening to physically abuse or causing someone to fear physical harm
• Injuring another person using a deadly or dangerous weapon
• Touching someone in an offensive or provocative manner
• Engaging in behavior that places the victim at risk of serious bodily injury or death

Your Relationship with the Victim

Domestic assault charges in Missouri may be filed between household members, family members, or individuals who are:

• Married
• Formerly married
• Related by blood or marriage
• Household members
• Former household members
• Dating or in a romantic relationship
• Former romantic partners
• Parents to the same child

Felony versus Misdemeanor Domestic Assault Charges

Felony domestic assault charges will be pressed if the victim alleges that you attempted to cause serious injury or kill them in the commission of the act. In most circumstances, domestic assault is a felony charge, but it may be charged as a misdemeanor in less severe cases.

Domestic Assault in the First Degree

You may be charged with first-degree domestic assault if there is evidence that you knowingly caused or attempted to cause the victim serious physical injury. If convicted, you may be sentenced to anywhere from five to fifteen years in jail (a class B felony). If you did inflict serious physical harm on the victim, the charge is enhanced to a class A felony, punishable by 10 to 30 years in prison.

Domestic Assault in the Second Degree

Recklessly causing physical injury or choking, strangulating, or using a deadly weapon to harm the victim will be charged as second-degree domestic assault. It is classified as a class D felony, punishable by up to seven years in prison.

Domestic Assault in the Third Degree

Attempting to cause physical injury or knowingly causing the victim physical pain or illness is considered domestic assault in the third degree. A class E felony, if convicted, you could be sentenced to up to four years in jail and fined $10,000.

Domestic Assault in the Fourth Degree

The least severe domestic assault charge, fourth-degree domestic assault, applies in circumstances in which an offensive touching occurs, when the victim is placed in fear of harm, if the perpetrator recklessly causes the victim harm, or if the perpetrator cuts the victim off from all outside means of communication. A conviction comes with a maximum of one year in jail and a potential $2,000 fine.

Persistent Counsel in a Time of Distress

An accusation of domestic violence or domestic assault can come out of nowhere, leaving you fearful of what comes next. At Landon Miller Law, our founding attorney has experience in investigating such matters to discern the legitimacy of the charges against you. He will sit down with you to discuss the specifics of the charges and provide an overview of the court process.

Moreover, Attorney Miller will keep you informed every step of the way, discussing how your case is progressing. He will negotiate with the prosecutor to fight for reduced charges and, in turn, a more lenient sentence. If you are looking for the best defense money can buy, look no further than Landon Miller Law.

Speak with Our Columbia, MO, Domestic Assault Attorney Now

If you have been accused of domestic assault, you understandably may be afraid of what the future holds. Even a domestic assault charge comes with serious consequences, which is why seeking counsel immediately is essential to safeguarding your rights. At Landon Miller Law, our Columbia, MO, domestic assault attorney has represented hundreds of clients, helping them achieve a favorable outcome. To get started, contact us online or by phone at (573) 658-1919 to arrange your consultation.

Frequently Asked Questions:

What is considered domestic assault in Missouri?

In Missouri, domestic assault is any act of assault committed against a “domestic victim.” Missouri defines domestic assault as assault against a household or family member, including spouses, former spouses, relatives (including in-laws), persons who currently or previously lived together, persons in a romantic or intimate relationship, or persons who have a child together even if they have never lived together or been married. 

Will I be arrested even if the alleged victim doesn’t want to press charges?

Yes , and this surprises many people. Missouri law requires officers to arrest the primary aggressor when they observe signs of physical injury or property damage, even if the alleged victim does not wish to press charges. Furthermore, many prosecutor offices have implemented “no-drop” policies in domestic violence cases, meaning the prosecutor will not dismiss a domestic violence case against the alleged abuser even if the alleged victim requests it, based on the belief that victims continue to be intimidated during the criminal process. This means the case moves forward with or without the victim’s cooperation , which is exactly why having an attorney immediately is so critical.

What if I was falsely accused of domestic assault?

False accusations in domestic assault cases are more common than most people realize, often arising from contentious divorces, child custody battles, or relationship conflicts. Even when suspects are cleared, their name can be tarnished , and cases of false accusation are extremely hard for the court. An experienced defense attorney will investigate the accuser’s motivation, look for inconsistencies in their statements, review the 911 call and police report, gather witness testimony, and build a case around the truth. Being innocent is not enough on its own , you need someone who knows how to prove it.

 What if I was acting in self-defense during the incident?

Self-defense is a legitimate and frequently used defense in domestic assault cases in Missouri. Depending on the facts, a lawyer may pursue self-defense, false accusation, lack of intent, or insufficient evidence , and even in clear-cut cases, they can negotiate for reduced charges or diversion programs. The key is documenting your injuries, identifying witnesses, and having an attorney who knows how to present that defense compellingly to prosecutors and, if necessary, a jury.

What defenses are available in a domestic assault case?

Every case is unique, but common and effective defense strategies in Missouri domestic assault cases include: self-defense or defense of others, false allegations motivated by a custody dispute or personal conflict, lack of intent or accidental injury, insufficient or conflicting evidence, inconsistencies in the alleged victim’s account, improper police procedures or constitutional violations in how evidence was obtained, and challenging the credibility of witnesses. A defense attorney’s job is to conduct a thorough investigation , reviewing police reports, examining whether the victim has a motivation to fabricate or exaggerate, comparing differing versions of events, and assessing the reliability of witnesses , to help you tell your side of the story.