Domestic Violence Charge in Missouri & Domestic Violence Attorney

Perhaps the most emotionally charged criminal situation involves domestic violence.  Co-habitants are often married couples, and daily stresses as well as many shared experiences lead to terribly stressful situations when everything breaks down and emotions override judgment.  Most who have been involved in situations like these feel deep regret and a desire to take back whatever happened.

Unfortunately, it's also a serious criminal charge in Missouri. If you have been arrested and charged with anything related to domestic violence in Missouri, you face a difficult legal challenge.The best way to begin the process of protecting your rights is by contacting Attorney John Anthony Picerno for a full consultation, as Attorney Picerno has been serving his clients as a domestic violence attorney for many years.

Below is a look at two issues as they relate to domestic violence charges in Missouri:

Missouri Laws on Assault and Battery

Missouri statutes define assault as “purposely or knowingly placing or attempting to place another in fear of physical harm” and battery as “purposely or knowingly causing physical harm to another with or without a deadly weapon.”  Each of these offenses independently are serious charges, but they are only exacerbated when imputed into a domestic violence situation.

If an assault or battery occurs in a domestic violence context, the victim not only faces serious charges, which are detailed below, but the victim is entitled to immediate remedies, including:

• The right to transportation to a safe location provided by police, including to the prosecutor’s office;
• The police are required to make an arrest if they are called twice within a twelve-hour period to handle a domestic violence situation;
• Help from the Clerk of Court in filing an immediate protective order;
• Possession of the residence in question.

Felony vs. Misdemeanor Laws in Missouri

Aside from the remedies available to the alleged victim of abuse, you will have a significant legal challenge in front of you courtesy of the court system if you are arrested for domestic violence.  For instance, there are two degrees of assault in Missouri – first and second degree.  The difference between the two is state of mind, whereby second degree assault is usually the charge if the alleged offender assaulted the victim “under the influence of sudden passion.”  However, in regards to your rights, there isn’t much difference, as both are felonies.  The same rules apply for domestic battery, and if a defendant has a prior conviction for related charges, no suspended sentence can be doled out by the judge.

As you see, this is not only an emotional, but also a serious situation.  If you have been charged with any domestic violence-related offense, contact Attorney John Anthony Picerno immediately for a consultation.