Definition Assault (565.050, 565.060,
565.070) Second degree assault is defined as (1) attempting to kill or knowingly causing or attempting to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or (2) attempting to cause or knowingly causing physical injury to another person by means of a deadly weapon or dangerous instrument; or (3) recklessly causing serious physical injury to another person; or (4) while in an intoxicated condition or under the influence of controlled substances or drugs, operating a motor vehicle in this state and, when so operating, acting with criminal negligence to cause physical injury to any other person than himself; or (5) reclessly causing physical injury to another person by means of discharge of a firearm. Second degree assault is a class C felony. Third degree assault is defined as (1) attempting to cause or recklessly cause physical injury to another person; or (2) whith criminal negligence causing physical injury to another person by means of a deadly weapon; or (3) purposely placing another person in apprehension of immediate physical injury; or (4) recklessly engaging in conduct which creates a grave risk of death or serious physical injury to another person; or (5) knowingly causing physical contact with another person knowing the other person will regard the contact as offensive or provocative; or (6) knowingly causing physical contact with an incapacitated person, which a reasonable person who is not incapacitated would consider offensive or provocative. Third degree assault is a class A misdemeanor, except violations of subdivision (3) or (5) are class C misdemeanors. A person who has pled guilty to or been found guilty of the crime of assault in the third degree more than two times against any family or household member is guilty of a class D felony for the third or any subsequent commission of the crime of assault in the third degree when a class A misdemeanor. |