Assault in the fourth degree
This law covers lower-level assaults. A person commits this crime by trying to hurt someone, accidentally hurting them through careless actions, making someone fear they are about to be hurt, creating a serious risk of death or injury, or making unwanted physical contact that a reasonable person would find offensive — especially toward a person with a disability. Most violations are a Class A misdemeanor. But if the offense is only about making someone fear injury or making offensive contact, it is a lesser Class C misdemeanor — unless the victim is a "special victim" (like a child, elderly person, or law enforcement officer), in which case it goes back up to a Class A misdemeanor.
Classifications stated in the statute. Actual outcomes vary.
565.056. in the fourth degree. — 1. A person commits the of assault in the fourth degree if:
(1) The person attempts to cause or causes , physical pain, or illness to another person;
(2) With the person causes physical injury to another person by means of a firearm;
(3) The person purposely places another person in of immediate physical injury;
(4) The person recklessly engages in conduct which creates a substantial risk of death or to another person;
(5) The person causes or attempts to cause physical contact with a person with a , 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.
2. Except as provided in 3 of this section, assault in the fourth degree is a .
3. Violation of the of (3) or (6) of subsection 1 of this section is a unless the victim is a , as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.
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Source & history notes
(L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.