Domestic Violence Charges in Missouri

Missouri has separate domestic assault crimes, in four degrees, when the victim is a 'domestic victim' (defined in § 565.002). Domestic assault in the fourth degree (for example attempting or recklessly causing physical injury or pain, putting the victim in fear of immediate injury, offensive contact, or isolating the victim by cutting off access to other people, phones or transportation) is a class A misdemeanor, but becomes a class E felony if the person has two or more prior findings of guilt for domestic assault, any assault, or an offense against a domestic victim. Attempting to cause physical injury or knowingly causing physical pain or illness to a domestic victim is third-degree domestic assault, a class E felony (up to four years). Knowingly causing physical injury by any means, including a deadly weapon or by choking or strangulation, is second-degree domestic assault, a class D felony (up to seven years). Attempting to kill or causing or attempting to cause serious physical injury is first-degree domestic assault, a class B felony, or a class A felony if serious physical injury is inflicted.

Missouri's rule on court-appointed lawyers: The state public defender system represents eligible indigent persons. Eligibility is determined by the state public defender (or a person working under the defender) based on the person's 'ability to make bond, his income and the number of persons dependent on him for support.' A person claiming indigency files an affidavit with the court containing the information the public defender commission requires; either party may ask the court where the case is pending to decide whether the public defender may represent the defendant. Knowingly making a false affidavit to obtain services is a class A misdemeanor. The section does not set an application fee. RSMo § 600.086

Lawyers set their own fees, and Missouri has rules on how they may charge. See hiring a criminal defense lawyer in Missouri for fee rules, how to check a lawyer's license and free help.

How release before trial works in Missouri: 'That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great' (Mo. Const. art. I, § 20). By statute, a person charged with a bailable offense may be released on personal recognizance unless the judge finds that release will not reasonably assure the person's appearance; the judge may then impose conditions such as supervised custody, travel or association limits, a bail bond or cash deposit, reporting, or house arrest with electronic monitoring (§ 544.455.1). The judge considers the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence, criminal record, and record of court appearances (§ 544.455.2). Conditions are reviewed for a person still detained after 24 hours because the person cannot meet them. Mo. Const. art. I, § 20; RSMo § 544.455 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Missouri expungement and record sealing rules.