Assault, second degree, penalty
Second degree assault covers four situations: trying to kill or badly hurt someone in the heat of the moment after something upsetting happened; hurting someone with a deadly weapon; recklessly causing serious injury to someone; or recklessly shooting and injuring someone. This is normally a class D felony, but if the victim is considered a "special victim" under Missouri law, it becomes a more serious class B felony. If someone claims they acted in the heat of the moment, it is their job to bring that up in court.
Classifications stated in the statute. Actual outcomes vary.
565.052. , second degree, . — 1. A person commits the of assault in the second degree if he or she:
(1) Attempts to kill or causes or attempts to cause to another person under the influence of arising out of ; or
(2) Attempts to cause or knowingly causes to another person by means of a or ; or
(3) causes serious physical injury to another person; or
(4) Recklessly causes physical injury to another person by means of of a firearm.
2. The shall have the of influence of sudden passion arising from adequate cause under (1) of 1 of this section.
3. The offense of assault in the second degree is a , unless the victim of such assault is a , as the term "special victim" is defined under section 565.002, in which case it is a .
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Source & history notes
(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, S.B. 602, A.L. 1993 S.B. 180, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491) Transferred 2014; formerly 565.060; Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.