Domestic Assault in the First, Second, Third & Fourth Degree

Scrivner Law Firm represents individuals facing allegations of domestic assault throughout Southwest Missouri. Led by attorney and former prosecutor Dayrell L. Scrivner, the firm provides strategic, experienced criminal defense in cases that often involve emotional allegations, complex family dynamics, and serious legal consequences. Before opening his defense practice, Mr. Scrivner served for nearly two decades as a county prosecutor. That experience gives him valuable insight into how domestic assault cases are investigated, charged, and prosecuted in Missouri courts. He understands how law enforcement gathers evidence, how prosecutors evaluate risk, and how to expose weaknesses in the State’s case.

Domestic assault charges in Missouri can turn a family argument or misunderstanding into a life-changing criminal case. In many situations, the police arrive within minutes of a 911 call, and someone is taken into custody based on statements made during a moment of stress. Bond conditions can prevent you from returning home, contacting loved ones, or even retrieving personal belongings. A fast, informed legal response can make a major difference. The attorneys at Scrivner Law Firm act quickly to protect clients’ rights, secure favorable evidence, and build a defense that is both factual and strategic.

Understanding the Degrees of Domestic Assault in Missouri

Under Missouri Revised Statutes Chapter 565, the law divides domestic assault into four degrees, ranging from serious felonies to misdemeanors. Each degree is defined by specific elements, including the level of intent, the type of harm caused, and whether a deadly weapon or strangulation is involved. The term domestic victim is defined under RSMo §565.002(6) to include spouses, former spouses, individuals who live or have lived together, family members, people who share a child, and those in ongoing intimate relationships.

Domestic Assault in the First Degree – RSMo §565.072

First-degree domestic assault is Missouri’s most serious domestic violence charge. It involves attempting to kill a domestic victim or knowingly causing, or attempting to cause, serious physical injury. The law defines “serious physical injury” as a substantial risk of death, serious disfigurement, or long-term impairment of a body part or organ. These cases often involve medical evidence, photographs, and witness testimony to prove the nature and severity of injuries.

Penalties and Consequences:
A first-degree domestic assault conviction is a Class B felony, punishable by 5 to 15 years in prison. If the injury actually results in serious physical harm, the charge becomes a Class A felony with a penalty of 10 to 30 years or life imprisonment. In addition to incarceration, a conviction can lead to the loss of firearm rights, no-contact orders, and a permanent criminal record.

Defensive Strategies:
Defending against a first-degree charge often involves challenging the alleged intent to kill, questioning the extent of injuries, and analyzing the credibility of statements made by the alleged victim. Medical evidence, surveillance footage, and forensic reports can help show that the accused did not act with the intent or knowledge required under the statute.

Domestic Assault in the Second Degree – RSMo §565.073

Second-degree domestic assault includes knowingly causing physical injury by any means, including a deadly weapon, choking, or strangulation. It also covers reckless conduct that causes serious physical injury or reckless use of a deadly weapon that leads to harm.

Penalties:
This offense is a Class D felony punishable by up to 7 years in prison and fines reaching $10,000. A felony conviction can also result in probation conditions such as anger management, alcohol testing, or mandatory counseling.

Defensive Focus:
The main issues in second-degree cases are often whether the act was intentional or reckless and whether the weapon or conduct actually caused the injury. The defense may question whether the alleged choking or strangulation occurred, as such claims are sometimes based on minimal physical evidence.

Domestic Assault in the Third Degree – RSMo §565.074

Third-degree domestic assault occurs when a person attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim. This charge applies to less severe physical altercations that still involve intentional harm or threat of harm.

Penalties:
Third-degree domestic assault is a Class E felony, punishable by up to 4 years in prison and fines up to $10,000. Even though it is the lowest felony level, the collateral effects are serious and may include firearm restrictions, employment difficulties, and immigration consequences.

Defensive Strategies:
The focus in third-degree cases is often on the accused’s intent. Did the person intend to cause pain or injury, or was the contact accidental or mutual? Many cases arise from verbal disputes that escalate into minor physical contact. The defense may present evidence showing that the accused was acting in self-defense or that the alleged victim’s injuries were inconsistent with the claims made to police.

Domestic Assault in the Fourth Degree – RSMo §565.076

Fourth-degree domestic assault is the only misdemeanor version of domestic violence but can still have significant repercussions. It includes reckless or negligent conduct that causes injury, intentionally placing another person in fear of immediate harm, or knowingly engaging in offensive or unwanted physical contact. It also covers intentionally isolating a person by restricting communication or transportation.

Penalties:
The offense is usually a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine. However, prior convictions for domestic offenses can elevate the charge to a Class E felony, punishable by up to four years in prison.

Defensive Focus:
Because the statute covers many different scenarios, the first step is identifying which subsection applies. Defense often involves proving that the fear of harm was unreasonable, the contact was accidental, or that isolation occurred for legitimate safety or family reasons.

How Missouri Prosecutors Build a Domestic Assault Case

In Missouri, domestic assault cases typically begin with a 911 call. Officers arrive quickly, separate the parties, and begin recording on body-worn cameras. They document visible injuries, collect physical evidence, and interview witnesses or neighbors. Police reports often include statements made in the heat of the moment, which can later be inconsistent or exaggerated.

Prosecutors then evaluate this evidence to determine which degree of domestic assault to charge. They may also seek input from medical professionals or prior incident records. Importantly, even if the alleged victim later requests that charges be dropped, prosecutors can move forward independently if they believe there is sufficient evidence.

At Scrivner Law Firm, defense begins with a deep review of the evidence. We analyze the body-camera footage, examine police reports for inconsistencies, and obtain our own witness statements. We also work to preserve favorable evidence, such as text messages or phone logs, that might demonstrate a lack of intent or contradict the State’s theory.

The Legal Process in Missouri Domestic Assault Cases

Arraignment and Bond

Following arrest, the accused will appear before a judge who sets bond and release conditions. These often include no-contact orders, firearm restrictions, or alcohol monitoring. Defense counsel can request modifications when conditions are unreasonable, especially when children or shared housing are involved.

Discovery and Investigation

The prosecution must provide the defense with all evidence, including reports, videos, and photos. Scrivner Law Firm conducts independent investigations to find inconsistencies or evidence favorable to the defense.

Negotiation and Trial

Depending on the strength of the evidence, some cases resolve through dismissals or negotiated reductions to lesser charges. Others proceed to trial. Pretrial motions may seek to exclude certain evidence or statements, while trial strategy focuses on credibility, forensic accuracy, and the specific intent required by statute.

Sentencing and Alternatives

Missouri law allows for alternative sentencing in some cases, including probation, counseling, or domestic violence education programs. Demonstrating rehabilitation and taking responsibility can influence the outcome without admitting guilt.

Why Experience on Both Sides Matters

Attorney Dayrell L. Scrivner’s background as a former prosecutor gives clients a distinct advantage. He knows how prosecutors analyze evidence, when they are willing to negotiate, and what arguments can change their evaluation of a case. His understanding of both the courtroom process and the practical realities of domestic assault cases allows him to craft defenses that work in real Missouri courts, not just on paper.

Scrivner Law Firm’s approach combines legal skill with practical solutions. The goal is to stabilize your situation, minimize harm, and position you for the best outcome, whether through dismissal, reduction, or acquittal. The firm represents clients across Taney, Stone, and Christian Counties, appearing regularly in Branson, Forsyth, and Ozark courts.

Connect With an Experienced Missouri Defense Attorney

If you are facing allegations of domestic assault in Taney, Stone, or Christian County, or anywhere in Southwest Missouri, you need an experienced defense attorney who understands both the law and the local courts. At Scrivner Law Firm, every case is personally handled by Attorney Dayrell L. Scrivner, a seasoned domestic violence defense lawyer and former prosecutor with decades of courtroom experience. Mr. Scrivner knows how prosecutors build domestic assault cases and how to dismantle them. The firm acts quickly to protect your rights, preserve favorable evidence, and prevent damaging statements or conditions that could impact your family, your employment, or your freedom.

Early legal representation can make all the difference between conviction and dismissal. Scrivner Law Firm provides honest, strategic, and aggressive defense tailored to your situation; whether the charge involves first, second, third, or fourth-degree domestic assault. The firm serves clients across Southwest Missouri, including Branson, Forsyth, Nixa, Ozark, and nearby areas. To schedule a confidential consultation, contact Scrivner Law Firm today. The sooner you reach out, the more options you will have to protect your reputation, your family, and your future.