Is Assault a Felony in Missouri? Every Degree Explained

Often, yes. In Missouri, three of the four degrees of assault are felonies, and the line between a misdemeanor and a felony is lower than most people expect. Knowingly causing…

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Often, yes. In Missouri, three of the four degrees of assault are felonies, and the line between a misdemeanor and a felony is lower than most people expect. Knowingly causing a physical injury to another person, even without a weapon, is a felony.

This guide walks through each degree of assault under current Missouri law, the punishment range for each class, and the facts that most often push a charge up a level. It describes the law in effect today. Missouri’s assault statutes are scheduled to be rewritten effective July 1, 2027, and offenses committed after that date will be charged under the new wording.


The short answer

Is assault a felony or a misdemeanor in Missouri?

It depends on the degree. First, second, and third degree assault are felonies. Fourth degree assault is a misdemeanor.

Assault in the first degree

Attempting to kill, or knowingly causing or attempting to cause serious physical injury. A class B felony, or a class A felony if serious physical injury actually results or the victim is a special victim. RSMo 565.050.

Assault in the second degree

Includes causing or attempting to cause physical injury with a deadly weapon or dangerous instrument, and recklessly causing serious physical injury. A class D felony, or a class B felony if the victim is a special victim. RSMo 565.052.

Assault in the third degree

Knowingly causing physical injury to another person. A class E felony, or a class D felony if the victim is a special victim. RSMo 565.054. This is the charge that surprises people most.

Assault in the fourth degree

Includes recklessly causing physical injury or pain, placing someone in fear of immediate injury, and offensive physical contact. Usually a class A misdemeanor; the fear and offensive-contact versions are class C misdemeanors unless the victim is a special victim. RSMo 565.056.


The surprise

Can a fight with no weapon be a felony in Missouri?

Yes. Third degree assault requires only that a person knowingly caused a physical injury.

Many states treat a fistfight that leaves someone hurt as a misdemeanor. Missouri does not. If the State alleges that a person knowingly caused a physical injury, the charge can be third degree assault, a class E felony, with no weapon and no serious injury involved.

The difference between third and fourth degree often comes down to two questions: was the injury caused knowingly or only recklessly, and was there an actual physical injury or only pain, fear, or offensive contact? Those are fact questions, and they are where many assault cases are won, reduced, or lost. A charge filed as a felony is not always proven as one.


Punishment

What is the sentence for assault in Missouri?

The punishment range is set by the class of the offense, under RSMo 558.011 and 558.002.

  • Class A felony: 10 to 30 years, or life imprisonment.
  • Class B felony: 5 to 15 years.
  • Class D felony: up to 7 years, and a fine of up to $10,000.
  • Class E felony: up to 4 years, and a fine of up to $10,000.
  • Class A misdemeanor: up to 1 year in jail, and a fine of up to $2,000.
  • Class C misdemeanor: up to 15 days in jail, and a fine of up to $750.

Those are the outer limits the law allows, not a prediction. For class D and E felonies, the court can sentence a person to up to one year in the county jail instead of prison, and probation, including a suspended imposition of sentence, is often possible on lower-level charges. First degree assault is a different matter. It is treated as a dangerous felony, which carries a requirement to serve a large share of any prison sentence before parole eligibility.

An SIS can keep a conviction off your record if you complete probation. See SIS vs SES in Missouri. How serious is the charge? See Missouri felony classes and sentencing ranges.


Charge enhancers

What makes an assault charge more serious in Missouri?

Four facts most often move a charge up a level.

A special victim

Missouri law raises the class of every degree of assault when the victim is a “special victim.” The list in RSMo 565.002 includes police officers, firefighters, emergency room and hospital staff, EMTs, probation officers, jailers and corrections officers on duty, elderly persons, persons with a disability, highway workers in a work zone, and utility workers on the job.

A weapon or dangerous instrument

Causing or attempting to cause injury with a deadly weapon or dangerous instrument is second degree assault. “Dangerous instrument” can include ordinary objects, depending on how they were used.

The level of injury

Missouri law distinguishes physical injury from serious physical injury. An allegation that serious physical injury actually resulted makes first degree assault a class A felony.

The relationship

When the person involved is a family or household member or a dating partner, the charge is usually domestic assault, which has its own statutes and its own consequences, including for gun rights. See domestic assault defense.


Defenses

How do you fight a felony assault charge in Missouri?

By testing each element the State has to prove, starting with the ones that set the degree.

  • Self-defense or defense of others. Missouri law allows reasonable force in defense of yourself or another person. Once the evidence raises it, the State has to disprove it.
  • State of mind. Knowingly, recklessly, and negligently are different legal standards, and the difference can move a case between a felony and a misdemeanor.
  • The injury. Medical records, photographs, and timelines matter. An injury that does not meet the legal definition can change the degree.
  • The weapon. Whether an object was a “dangerous instrument” depends on how it was used, and that is often disputed.
  • Identification and credibility. Fights are chaotic. Witnesses disagree, and video often tells a different story than the first report.

The most damaging evidence in many assault cases is what the accused person said afterward, to police, to the other person, or on a recorded jail call. If you are under investigation or have been charged, say nothing about the facts to anyone but your lawyer.


FAQ

Missouri assault questions

Is third degree assault a felony in Missouri?

Yes. Under RSMo 565.054, knowingly causing physical injury to another person is a class E felony, punishable by up to four years. It becomes a class D felony if the victim is a special victim.

Is fourth degree assault a misdemeanor in Missouri?

Yes. Fourth degree assault is a class A misdemeanor in most forms, punishable by up to one year in jail. Placing someone in fear of immediate injury and offensive contact are class C misdemeanors unless the victim is a special victim.

What is the difference between second and third degree assault in Missouri?

Second degree assault usually involves a deadly weapon or dangerous instrument, a serious physical injury caused recklessly, or a firearm discharge. Third degree assault is knowingly causing a physical injury without those factors. Second degree is a class D felony; third degree is a class E felony.

Can a felony assault charge be reduced to a misdemeanor?

Sometimes. Because the degrees turn on state of mind and the level of injury, the evidence may support a lower degree than the one charged. Whether a reduction is realistic depends on the facts and the evidence in the specific case.

Is assault on a police officer a felony in Missouri?

Generally, yes. A law enforcement officer assaulted in the performance of official duties is a special victim, which raises the class of the offense. Even some conduct that would otherwise be a class C misdemeanor becomes a class A misdemeanor, and third degree assault becomes a class D felony.

See our assault defense page, or call 573-638-8529. Charged in a specific county? Jefferson City and Cole County, Columbia and Boone County, or Fulton and Callaway County.


Talk to us

The charge on paper is the starting point, not the answer.

If you or someone in your family has been charged with assault, the facts that decide the degree are worth a careful look early.

Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri assault law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.

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