Aggravated Assault

Is Aggravated Assault Always a Felony in Missouri?

Assault charges vary widely in severity. A bar fight that results in a black eye carries different legal consequences than an attack with a deadly weapon. 

But when does assault cross the line into “aggravated” assault? And more importantly, is aggravated assault a felony?

While many states classify aggravated assault as a felony, the definition of what makes an assault “aggravated” varies significantly across jurisdictions. 

What Makes an Assault “Aggravated”?

Aggravated assault involves circumstances that elevate a simple assault to a more serious offense.

Common aggravating factors include:

  • Use of a deadly weapon (gun, knife, or any object capable of causing serious harm)
  • Intent to commit a serious crime (such as robbery or sexual assault)
  • Severity of injury caused to the victim
  • Victim’s status (law enforcement officer, healthcare worker, teacher, elderly person, or child)
  • Location where the assault occurred (school, hospital, or government building)

The presence of one or more of these factors can transform a misdemeanor assault into a felony charge in many states.

Missouri’s Approach

Here’s where it gets interesting: There is no “aggravated assault” in Missouri. 

Instead, Missouri law classifies assault offenses by degree—First, Second, Third, and Fourth Degree Assault. The classification depends on factors like intent, injury severity, and whether a weapon was used.

Assault in the First Degree 

A person commits this offense when they attempt to kill or knowingly cause serious physical injury to another person. This is a Class B felony, or a Class A felony if serious physical injury occurs or the victim is a “special victim” (law enforcement officer, emergency personnel, elderly person, vulnerable person, or highway worker).

Assault in the Second Degree 

This involves attempting to cause or knowingly causing physical injury with a deadly weapon, recklessly causing serious physical injury, or acting under sudden passion. This is a Class D felony, or a Class B felony if the victim is a special victim.

Assault in the Third Degree 

This occurs when someone knowingly causes physical injury to another person. This is a Class E felony, or a Class D felony if the victim is a special victim.

Assault in the Fourth Degree 

This covers attempts to cause or recklessly cause physical injury, placing someone in apprehension of immediate physical injury, or making offensive physical contact. This is typically a Class A misdemeanor, though some variations are Class C misdemeanors.

When Assault Becomes a Felony

In Missouri and most other states, several factors push an assault charge from misdemeanor to felony territory.

  • Deadly Weapons

Using a gun, knife, bat, or any object capable of causing serious harm elevates the charge. Even if no serious injury occurs, the presence of a deadly weapon demonstrates an intent to cause significant harm.

  • Serious Physical Injury

The severity of the victim’s injuries matters. Broken bones, permanent disfigurement, loss of bodily function, or injuries requiring extensive medical treatment typically result in felony charges.

  • Intent to Kill

Attempting to kill another person—even if unsuccessful—results in the most serious assault charges. The prosecution must prove intent, which can come from the nature of the attack, statements made, or the weapon used.

  • Special Victim Status

Assaulting certain categories of victims automatically enhances charges. Law enforcement officers, emergency responders, teachers, healthcare workers, elderly individuals, and children receive special protection under the law. 

  • Domestic Violence Context

Many jurisdictions treat domestic violence assaults more seriously than other assaults. Repeat domestic violence offenses often escalate from misdemeanors to felonies, even without the typical aggravating factors.

Penalties for Felony Assault in Missouri

Felony assault convictions carry serious consequences that extend far beyond prison time.

Prison Sentences

  • Class A felonies: 10 to 30 years or life imprisonment
  • Class B felonies: 5 to 15 years in prison
  • Class C felonies: 3 to 10 years in prison
  • Class D felonies: Up to 7 years in prison
  • Class E felonies: Up to 4 years in prison

Additional Consequences

  • Permanent criminal record: Felony convictions remain on your record permanently unless expunged, which is difficult for violent crimes.
  • Loss of gun rights: Federal law prohibits felons from owning or possessing firearms.
  • Employment barriers: Many employers refuse to hire individuals with violent felony convictions.
  • Housing difficulties: Landlords often reject applicants with felony records.
  • Professional licensing: Doctors, lawyers, teachers, and other licensed professionals may lose their licenses.
  • Immigration consequences: Non-citizens face deportation for violent felony convictions.

Defending Against Felony Assault Charges

Felony assault charges don’t always result in felony convictions. Several defense strategies can reduce charges or result in an acquittal.

  • Self-Defense

If you reasonably believed you were in danger and used proportional force to defend yourself, self-defense can be a complete defense to assault charges.

  • Defense of Others

Similar to self-defense, you can use reasonable force to protect another person from harm. This defense applies when you reasonably believed someone else faced imminent danger.

  • Lack of Intent

Many assault charges require proof of specific intent. If the injury was accidental or you didn’t intend to cause harm, the prosecution may not be able to prove their case.

  • Insufficient Evidence

The prosecution must prove every element of the offense beyond a reasonable doubt. Challenging witness credibility, questioning physical evidence, or highlighting inconsistencies in the prosecution’s case can create reasonable doubt.

  • Mistaken Identity

In chaotic situations—bar fights, crowds, or poorly lit areas—victims and witnesses sometimes identify the wrong person. 

The Importance of Legal Representation

Felony assault charges require immediate legal attention. The difference between felony and misdemeanor charges can mean years in prison versus probation or jail time.

An experienced criminal defense attorney can:

  • Evaluate the strength of the prosecution’s case
  • Identify defenses and mitigation strategies
  • Negotiate with prosecutors for reduced charges
  • Challenge evidence and witness testimony
  • Present your side of the story effectively

Many felony assault cases get resolved through plea agreements that reduce charges to misdemeanors or result in more lenient sentences. 

Rose Legal Services handles assault cases throughout Missouri and can evaluate your specific situation.

The Bottom Line

So, is aggravated assault always a felony? In most jurisdictions, yes. 

But the terminology varies by state. What matters more than the label is understanding the specific charges you’re facing and the potential consequences.

In Missouri, while there’s no specific “aggravated assault” charge, First and Second Degree Assault charges serve the same function and carry felony penalties. 

If you’re accused of any form of felony or aggravated assault, you need a defense strategy built on experience, negotiation skill, and a deep understanding of Missouri’s criminal justice system.