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
Related Missouri laws
Assault in the third degree
RSMo 565.054
Assault, first degree, penalty
RSMo 565.050
Assault in the fourth degree
RSMo 565.056
Special victims
RSMo 565.058
Death penalty, if held unconstitutional, resentencing procedure
RSMo 565.040
Supreme court to review all death sentences, procedure
RSMo 565.035
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.