Defending Freedom

Defending Freedom

By Combs WaterkotteTrue Crime
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Defending Freedom episodes

  • Sexual Misconduct Defense Lawyer in Missouri
    Sexual Misconduct Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Sexual Misconduct Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Sexual Misconduct Defense Lawyer in Missouri

    #misconduct #lawyer #attorney #defense #missouri #stlouis #kansascity

    Sexual misconduct charges can turn your life upside down. A conviction can damage your reputation, take away your freedom, and follow you for the rest of your life. Combs Waterkotte is the trusted St. Louis and Missouri sex crimes defense firm that stands beside clients in their most difficult moments. We offer confidential, nonjudgmental, and aggressive defense for anyone facing sexual misconduct allegations in Missouri.

    Sexual Misconduct Laws in St. Louis and Missouri

    Missouri divides sexual misconduct into three main categories, each with different definitions and penalties.

    First-Degree Sexual Misconduct

    Under §566.093 RSMo, a person commits first-degree sexual misconduct if they:

    • Expose their genitals in a situation where they know it will likely shock, offend, or alarm others
    • Engage in sexual contact in the presence of a third person under circumstances likely to cause shock, offense, or alarm
    • Have sexual intercourse in a public place in the presence of a third person

    Penalties include:

    • First offense: Class B misdemeanor (up to 6 months in jail; fines up to $1,000)
    • Second offense: Class A misdemeanor (up to 1 year in jail; fines up to $2,000)
    Second-Degree Sexual Misconduct

    Under §566.095 RSMo, second-degree sexual misconduct occurs when a person solicits or requests sexual conduct from another person knowing the request will likely shock, offend, or alarm them.

    Penalty: Class C misdemeanor (up to 15 days in jail; fines up to $500)

    Sexual Misconduct Involving a Child

    Under §566.083 RSMo, a person commits this offense if they:

    • Expose their genitals to a child under 15, knowing it is likely to shock, offend, or alarm, or for sexual arousal or gratification
    • Coerce or persuade a child under 15 to expose their genitals for arousal or gratification
    • Coerce or persuade a child under 15 to expose the breasts of a female child through electronic communication

    Penalties include:

    • First offense: Class E felony (up to 4 years in prison; fines up to $10,000)
    • Subsequent offenses: Class D felony (up to 7 years in prison; fines up to $10,000)
    Related FAQs

    How Long Does a Sexual Assault Case Take?

    What Happens During a Sexual Assault Investigation?

    Can Sex Crime Charges Be Dropped?

    Do I Need a Lawyer if I’m Innocent in a Sex Crime Case?

    What Are My Rights If Accused of Sexual Assault?

    Related Sex Crimes Defense Pages

    Sex Crimes Lawyer in Missouri

    Sexual Abuse Lawyer Missouri

    Sexual Contact With a Student Lawyer Missouri

    Sexual Misconduct Lawyer Missouri

    Sex Offender Registry Violations

    Statutory Sex Crimes Lawyer Missouri

    Statutory Rape Defense Lawyer Missouri

    10 min
  • Vehicle Hijacking Defense Lawyer in Missouri
    Vehicle Hijacking Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Vehicle Hijacking Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Vehicle Hijacking Defense Lawyer in Missouri

    #vehicletheft #lawyer #attorney #defense #missouri #stlouis #kansascity

    Passed in 2020, Missouri’s vehicle hijacking law imposes severe penalties on anyone convicted of forcibly taking control of a vehicle. The experienced Missouri criminal defense and theft lawyers at Combs Waterkotte understand the high stakes involved in these cases. With extensive resources and deep knowledge of Missouri law, we fight for dismissals, acquittals, charge reductions, and the protection of your future.

    Laws Against Vehicle Hijacking in Missouri

    While many states classify theft into separate crimes like fraud, auto theft, and larceny, Missouri uses a single comprehensive stealing statute to handle all theft-related offenses. Historically, this meant auto theft was handled under the same statute as shoplifting or embezzlement.

    But vehicle hijacking is fundamentally different because it involves taking an occupied vehicle, which creates substantial danger to the driver and passengers. Recognizing this, Missouri passed a dedicated vehicle hijacking statute in 2020. This law blends elements of robbery and stealing to create a standalone felony offense with serious consequences.

    What Is Vehicle Hijacking in Missouri?

    Vehicle hijacking occurs when someone knowingly uses or threatens physical force to seize control or possession of a vehicle from another person.

    The term “vehicle” includes almost all motorized, wheeled vehicles—including cars, ATVs, motorcycles, and trucks—except:

    • Trains
    • Motorized wheelchairs
    • Electric or motorized bicycles
    What Counts as Physical Force?

    Missouri statutes don’t define “physical force,” so courts use its ordinary meaning. Physical force can include:

    • Punching
    • Kicking
    • Pushing or pulling
    • Shooting
    • Stabbing

    The law also includes threats of force. A person can be charged with vehicle hijacking even if they never physically touch the driver—as long as they make a credible threat, such as threatening to shoot unless the victim exits the vehicle.

    Aggravating Circumstances for Vehicle Hijacking

    Prosecutors may seek enhanced penalties if the alleged hijacker:

    • Caused serious physical injury
    • Carried a deadly weapon
    • Used or threatened a dangerous instrument
    • Displayed what appeared to be a weapon
    • Took a vehicle with a child or “special victim” inside
    Vehicle Hijacking and First-Degree Robbery in Missouri

    Vehicle hijacking with aggravating circumstances closely parallels first-degree robbery. Under Missouri law, first-degree robbery involves forcibly stealing property while:

    • Causing serious physical injury
    • Being armed with a deadly weapon
    • Using or threatening a dangerous instrument
    • Displaying what appears to be a deadly weapon
    • Stealing a controlled substance from a pharmacy

    However, there is an important distinction: robbery requires proof that the force used was intended to overcome the victim’s resistance or coerce them into surrendering property. Vehicle hijacking does not require this specific element—making it easier for prosecutors to pursue a conviction.

    Related Missouri Theft & Vehicle Crime Defense Pages

    Vehicle Hijacking Lawyer in Missouri

    Motor Vehicle Tampering Lawyer in Missouri

    Theft/Larceny Lawyer in Missouri

    13 min
  • Stealing of a Motor Vehicle Lawyer in Missouri
    Stealing of a Motor Vehicle Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Stealing of a Motor Vehicle Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Stealing of a Motor Vehicle Defense Lawyer in Missouri

    #theft #lawyer #attorney #defense #missouri #stlouis #kansascity

    Missouri imposes harsh penalties on those who are convicted of stealing motor vehicles. You could face significant time in prison, fines that drain your finances, and the long-term consequences that come with having a criminal record. At Combs Waterkotte, our Missouri criminal defense and theft lawyers fight these charges aggressively to protect your future and your freedom.

    Understanding Stealing of Motor Vehicle Charges in Missouri

    In Missouri, stealing a motor vehicle is considered more serious than stealing other types of property. If you take a vehicle or catalytic converter without the owner’s permission — or by force — and intend to deprive the owner of it, the state can charge you with motor vehicle theft.

    The potential charges include:

    • Stealing a motor vehicle: Class D felony
    • Stealing a catalytic converter: Class E felony
    • Repeat offenders: Two prior theft convictions within 10 years can elevate the charge to a Class B felony
    Tampering With a Motor Vehicle in Missouri

    Tampering with a motor vehicle is a related but separate offense. Often referred to as “joyriding,” this charge involves knowingly possessing, receiving, selling, or operating a vehicle without the owner’s consent.

    The key difference between tampering and stealing: tampering does not require proof that you intended to permanently deprive the owner of the vehicle.

    • First-degree tampering (driver): Class D felony
    • Second-degree tampering (passenger): Class A misdemeanor
    Carjacking and Vehicle Theft in Missouri

    Carjacking — sometimes called vehicle hijacking — involves using or threatening force to take control of another person’s vehicle. This offense carries extremely severe penalties.

    Carjacking becomes a Class A felony when it involves:

    • The use of a deadly weapon
    • Serious injury to a victim or bystander
    • The use or threat of a dangerous weapon
    • Taking a vehicle with a child or special victim inside

    All other forms of carjacking are generally charged as Class B felonies.

    Related Missouri Vehicle Theft & Tampering Defense Pages

    Vehicle Hijacking Lawyer in Missouri

    Motor Vehicle Tampering Lawyer in Missouri

    Theft/Larceny Lawyer in Missouri

    11 min
  • Third Degree Domestic Assault Lawyer in Missouri
    Third Degree Domestic Assault Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Third Degree Domestic Assault Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Third Degree Domestic Assault Defense Lawyer in Missouri

    #assaultlawyer #lawyer #attorney #defense #missouri #stlouis #kansascity

    Even a verbal argument or brief contact with a loved one can lead to life-changing criminal felony charges. A conviction for third degree domestic assault in Missouri could affect your job, your relationships, and your future. Combs Waterkotte has helped countless people in Missouri facing domestic violence accusations get charges reduced, dropped, or dismissed entirely. Our Missouri domestic violence attorneys provide fearless courtroom defense if your case goes to trial.

    What Is Third Degree Domestic Assault in Missouri?

    Under §565.074 RSMo, third degree domestic assault occurs when someone knowingly causes physical pain or illness to a “domestic victim,” or attempts to cause physical injury. Unlike more severe degrees of assault, no serious injury is required — even minor contact can lead to felony charges if the alleged victim qualifies as domestic.

    Who Qualifies as a Domestic Victim?
    • Current or former spouses
    • People related by blood or marriage
    • Current or former cohabitants (roommates, partners)
    • Anyone in a romantic or intimate relationship (past or present)
    • People who share a child, even if never lived together
    How Third Degree Differs from Other Assault Charges
    • Second degree: Involves actual physical injury, often with a weapon or reckless behavior
    • Third degree: Focuses on pain, illness, or an attempt to harm a domestic victim — not necessarily injury
    • Fourth degree: Often covers unwanted physical contact or minor threats — a misdemeanor

    In summary: Third degree domestic assault is a lower-level felony, but the “domestic” classification raises the stakes. Prosecutors can pursue serious consequences even without visible injuries.

    What Are the Penalties for Third Degree Domestic Assault in Missouri?

    Third degree domestic assault is classified as a Class E felony in Missouri. A conviction can result in up to four years in prison and fines of up to $10,000. In some cases — especially with prior convictions — prosecutors may try to enhance it to a Class D felony.

    Additional Consequences
    • Restraining orders or loss of contact with family
    • Permanent criminal record with a “domestic violence” tag
    • Loss of firearm rights under federal law
    • Difficulty finding or keeping employment
    • Impact on child custody or divorce proceedings

    In summary: Even if no one was seriously hurt, a third degree domestic assault conviction can change your life. Getting an experienced defense lawyer involved early is crucial.

    Related Missouri Assault & Domestic Violence Defense Pages

    Aggravated Assault Lawyer in Missouri

    Assault and Battery Lawyer in Missouri

    DWI Assault Lawyer in Missouri

    First-Degree Domestic Assault Lawyer in Missouri

    Fourth Degree Assault Lawyer in Missouri

    Fourth Degree Domestic Assault Lawyer in Missouri

    Second Degree Domestic Assault Lawyer in Missouri

    Second Degree Assault Lawyer in Missouri

    Third Degree Assault Lawyer in Missouri

    Third Degree Domestic Assault Lawyer in Missouri

    10 min
  • Third Degree Assault Lawyer in Missouri
    Third Degree Assault Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Third Degree Assault Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Third Degree Assault Defense Lawyer in Missouri

    #assaultlawyer #lawyer #attorney #defense #missouri #stlouis #kansascity

    Being charged with third degree assault in Missouri may seem like a minor offense, but it’s not. A conviction can lead to jail time, a criminal record, and serious damage to your reputation, career, and family life. Combs Waterkotte‘s St. Louis assault defense and criminal defense lawyers know how to fight violent crime charges head-on and protect your future.

    What Is Third Degree Assault in Missouri?

    Under §565.054 RSMo, you commit third degree assault in Missouri if you knowingly cause physical injury to another person.

    According to Missouri law:

    • “Knowingly” means you were aware your actions were practically certain to cause harm.
    • “Physical injury” includes pain, illness, or any visible bodily harm such as bruises, swelling, cuts, or soreness.

    In most cases, third degree assault is charged after a fight, argument, or altercation where someone ends up with even a minor injury. It doesn’t require serious harm or a weapon — only that you knowingly caused pain or injury.

    In summary: Third degree assault is a felony-level charge that applies when someone is hurt and prosecutors believe you knew your actions would cause that harm. The injury may be minor, but the consequences are not.

    How Is Third Degree Assault Different From Second or Fourth Degree?

    Second degree assault under §565.052 involves serious injuries or reckless conduct with weapons and is charged as a more severe felony.

    Fourth degree assault under §565.056 includes threats, minor contact, or attempted harm without injury and is usually a misdemeanor.

    Third degree assault is in the middle: a felony charge based on knowingly causing even minor pain or injury — no weapon or serious harm required.

    What Are the Penalties for Third Degree Assault in Missouri?

    Can you go to jail for third degree assault in Missouri? Yes. Third degree assault is a Class E felony, which carries:

    • Up to 4 years in prison
    • Fines up to $10,000

    Even if you avoid prison, a felony conviction can still mean probation, court-ordered treatment, a permanent criminal record, and serious personal and professional consequences.

    Additional Consequences of a Third Degree Assault Conviction
    • A permanent felony record that shows up on background checks
    • Loss of firearm rights under state and federal law
    • Difficulty securing employment, housing, or professional licenses
    • Family court issues, including custody or visitation restrictions
    • Immigration consequences for non-citizens

    In summary: A single argument or mistake can result in a felony record, even if you don’t spend time in jail. Third degree assault charges will not simply disappear — the consequences can follow you for life.

    Related Assault & Violent Crime Defense Pages

    Aggravated Assault Lawyer in Missouri

    Assault and Battery Lawyer in Missouri

    DWI Assault Lawyer in Missouri

    First-Degree Domestic Assault Lawyer in Missouri

    Fourth Degree Assault Lawyer in Missouri

    Fourth Degree Domestic Assault Lawyer in Missouri

    Second Degree Domestic Assault Lawyer in Missouri

    Second Degree Assault Lawyer in Missouri

    Third Degree Assault Lawyer in Missouri

    Third Degree Domestic Assault Lawyer in Missouri

    10 min
  • Possession With Intent to Distribute Lawyer in Missouri
    Possession With Intent to Distribute Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Possession With Intent to Distribute Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Possession With Intent to Distribute Defense Lawyer in Missouri

    #drug #lawyer #attorney #defense #missouri #stlouis #kansascity

    With drug laws becoming ever stricter in St. Louis and throughout Missouri, police and prosecutors are taking aggressive steps to secure convictions and put suspected drug dealers behind bars. At Combs Waterkotte, our criminal defense firm has been vigorously defending Missouri residents from all walks of life who have been accused of drug offenses for years. Our experienced attorneys create personalized legal strategies designed to achieve the best possible outcome for each client.

    How Is “Intent To Distribute” Determined in St. Louis and Missouri?

    Under Missouri law, specifically RSMo §579.020, “knowingly possessing a controlled substance with the intent to distribute or deliver” is a Class C felony. Convictions can result in:

    • 3–10 years in state prison
    • Fines up to $10,000

    The exception: possessing 35 grams or less of cannabis with intent to distribute is a Class E felony, carrying a maximum of four years in prison.

    Possession with intent charges are often filed alongside other drug offenses to increase potential sentencing exposure.

    How Prosecutors Prove “Intent to Distribute”

    Intent is usually proven through circumstantial evidence. Prosecutors typically claim that the amount of drugs found was too large for personal use — a “reasonable person” standard.

    Court rulings show how subjective this can be:

    • State v. Belton (2003): Two pounds of cannabis was enough to prove intent to distribute.
    • State v. McCleod (2006): A conviction was overturned for a defendant caught with 7.5 ounces of marijuana.

    Other circumstantial factors used to claim intent include:

    • Plastic bags or packaging materials
    • Twist-ties or rubber bands
    • Digital scales
    • Large amounts of cash
    Why Choose Combs Waterkotte for Your Possession With Intent to Distribute Defense?
    • Our attorneys have a proven record of successfully defending possession with intent to distribute cases.
    • We have deep knowledge of Missouri drug laws and how prosecutors build these cases.
    • We create customized defense strategies tailored to each client's situation.
    • We negotiate aggressively for reduced charges or favorable plea deals when appropriate.
    • We are experienced trial lawyers ready to defend you before a jury.
    • We excel at challenging circumstantial evidence used to support intent to distribute allegations.
    • We prioritize communication and guide you through every step of the legal process.
    • We are committed to protecting your rights, your freedom, and your future.
    Related Missouri Drug Crime Defense Pages

    Drug Paraphernalia Lawyer Missouri

    Drug Trafficking Lawyer Missouri

    Drugs in Vehicle Lawyer Missouri

    DWI With Marijuana Defense Lawyer Missouri

    Federal Drug Charges Lawyer Missouri

    Federal Drug Trafficking Lawyer Missouri

    Heroin Drug Charges Lawyer Missouri

    Cocaine Trafficking Lawyer Missouri

    Crack Trafficking Lawyer Missouri

    8 min
  • Drug Possession Defense Lawyer in Missouri
    Drug Possession Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Drug Possession Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Drug Possession Defense Lawyer in Missouri

    #drug #lawyer #attorney #defense #missouri #stlouis #kansascity

    If you find yourself accused of drug charges or possession, you are likely very afraid that a conviction could bring an unwanted burden for years to come. At Combs Waterkotte, our St. Louis drug charges and possession lawyers take on the challenge and fight on your behalf. As the leading Missouri criminal defense firm, we know how to achieve the best possible resolution to your case.

    Drug Cases We Handle In Missouri

    When you are caught with drugs in your possession, you are at immediate risk of being charged with a felony and possibly going to jail. Even a very small amount of a controlled substance can lead to a Class D felony, which often results in several years of incarceration.

    With such severe penalties in play, our firm moves quickly to build your defense and pursue alternatives. We focus on reducing charges whenever possible, and we frequently negotiate for diversion programs such as drug treatment, drug court, and counseling to avoid jail time and long-term consequences.

    We handle all major Missouri drug charges, including:

    Possession or Control — RSMo §579.015

    Knowingly possessing any controlled substance without authorization is a crime and is typically charged as a Class D felony. We defend clients facing:

    • Heroin Possession
    • Methamphetamine Possession
    • Cocaine Possession
    • Prescription Drug Possession
    Possession With Intent To Distribute — RSMo §579.020

    If you distribute, attempt to distribute, or possess large quantities of a controlled substance — or have packaging materials, scales, or other distribution tools — you may be charged with intent to distribute. This ranges from a Class E to Class B felony depending on the drug and quantity.

    Drug Paraphernalia — RSMo §579.040

    Selling, delivering, or distributing drug paraphernalia with the intent to manufacture, distribute, or use controlled substances is a Class A misdemeanor. When done for commercial purposes, it becomes a Class E felony.

    Marijuana Charges

    Missouri voters passed Amendment 3, legalizing recreational marijuana possession and use. However, manufacturing and distribution remain illegal without a state-issued license. Unlicensed grow operations or large-quantity marijuana cases can still result in felony charges.

    Drug Trafficking — RSMo §579.065 & §579.068

    Drug trafficking involves purchasing, attempting to purchase, or transporting large quantities of controlled substances. Penalties vary widely:

    • First-degree drug trafficking: Class B felony, upgraded to Class A for certain quantities or substances
    • Second-degree drug trafficking: Class C to Class A felony depending on evidence and substance
    Drug Manufacturing — RSMo §579.055

    Manufacturing, producing, or growing controlled substances is a Class C felony. Penalties increase when:

    • The offense occurs within 2,000 feet of a school (Class B felony)
    • Someone is seriously injured or killed in a methamphetamine-related explosion (Class A felony)
    Additional Drug-Related Offenses
    • Drugs in Vehicle
    • Federal Drug Charges
    Related Missouri Drug Crime Defense Pages

    Drug Paraphernalia Lawyer Missouri

    Drug Trafficking Lawyer Missouri

    Drugs in Vehicle Lawyer Missouri

    DWI With Marijuana Defense Lawyer Missouri

    Federal Drug Charges Lawyer Missouri

    Federal Drug Trafficking Lawyer Missouri

    Heroin Drug Charges Lawyer Missouri

    Cocaine Trafficking Lawyer Missouri

    Crack Trafficking Lawyer Missouri

    13 min
  • Shoplifting Defense Lawyer in Missouri
    Shoplifting Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Shoplifting Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Shoplifting Defense Lawyer in Missouri

    #shoplifting #lawyer #attorney #defense #missouri #stlouis #kansascity

    Depending on the value of the goods stolen, shoplifting can land you in jail in Missouri. If you are facing shoplifting charges, you need the skilled Missouri criminal defense team at Combs Waterkotte in your corner. Our attorneys have extensive experience building successful defenses against shoplifting charges in Missouri, and we know how to effectively navigate the complexities of Missouri law to secure the outcome that best protects your future.

    Defining Shoplifting in Missouri

    Although shoplifting sounds like a modern term, it originated in England during the 1600s and initially referred to stealing from shops and warehouses. The modern version of shoplifting is less clearly defined. In fact, Missouri does not have a dedicated shoplifting statute.

    Instead, it falls under Missouri’s general stealing laws. While shoplifting has no standalone legal definition, it usually involves:

    • Stealing goods from an open store
    • Concealing items on the body, in a bag, or among purchases
    • Switching price tags to pay less
    • Trying on merchandise and leaving the store wearing it

    Importantly, shoplifting does not usually involve force or threats. If violence is involved, the offense may escalate to robbery — a much more serious charge.

    Shoplifting can be impulsive or planned. Charges can be filed even if you return the item later, and high-value items such as jewelry, electronics, and gift cards are common targets due to their portability and resale value.

    Laws Against Shoplifting in Missouri

    Missouri’s theft offenses are contained in Chapter 570 of the Missouri Revised Statutes. Instead of separate statutes for each theft-related offense, Missouri uses one broad statute for stealing, covering shoplifting, fraud, extortion, and more. Stealing occurs when:

    • A person appropriates (takes possession of) property
    • The property belongs to someone else
    • The accused intends to deprive the owner of the property
    • The act is done without the owner’s consent

    Prosecutors must prove each element beyond a reasonable doubt. The statute does not require concealment or that the owner be a store — meaning any theft from any person or business can qualify.

    “Deprive” under the statute includes:

    • Permanently withholding property
    • Returning property only for compensation
    • Using or disposing of property in a way that prevents its return
    Penalties for Shoplifting and Related Charges in Missouri

    The severity of shoplifting penalties depends on the value of the stolen items, the circumstances of the case, and whether the accused has prior theft offenses. Higher-value thefts and repeat offenses result in harsher penalties.

    • Shoplifting under $150 (first offense): Class D misdemeanor; $500 fine; no jail.
    • Shoplifting $150+ (first offense) or second offense: Class A misdemeanor; up to 1 year in jail.
    • Third theft offense within 10 years: Class E felony; up to 4 years in prison.
    • Shoplifting $750+, a firearm, or meth precursors: Class D felony; up to 7 years in prison.
    • Shoplifting $25,000 or more: Class C felony; 3–10 years in prison.
    Related Theft Defense Practice Areas

    Petty Theft Lawyer in Missouri

    Theft/Larceny Lawyer in Missouri

    13 min
  • Second Degree Domestic Assault Defense Lawyer in Missouri
    Second Degree Domestic Assault Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Second Degree Domestic Assault Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Second Degree Domestic Assault Defense Lawyer in Missouri

    #assaultlawyer #lawyer #attorney #defense #missouri #stlouis #kansascity

    A felony domestic violence charge in Missouri can cost you everything — your freedom, your reputation, and even your family. If you’ve been accused of causing serious harm to a spouse, partner, or household member, Combs Waterkotte is ready to defend your rights. Our St. Louis domestic violence defense attorneys know how prosecutors build these cases — and how to challenge the allegations, reduce the charges, win a full dismissal, or achieve a Not Guilty verdict at trial.

    What Is Second Degree Domestic Assault in Missouri?

    Second degree domestic assault is a felony offense under RSMo §565.073, which applies when a person knowingly or recklessly injures a domestic partner. Missouri prosecutors often pursue this charge in domestic violence cases that involve physical harm but fall short of first-degree domestic assault standards.

    According to the statute, a person commits second degree domestic assault if they injure a domestic victim by:

    • Knowingly causing physical injury by any means — including with a deadly weapon, dangerous instrument, or by choking or strangulation
    • Recklessly causing serious physical injury
    • Recklessly causing physical injury with a deadly weapon

    The term “domestic victim” refers to individuals defined under RSMo §565.002 and RSMo §455.010. It can include:

    • Your current or former spouse
    • Someone related by blood or marriage
    • Someone you live with now or previously lived with
    • A boyfriend, girlfriend, or romantic partner
    • A person with whom you share a child

    Is second degree domestic assault a felony in Missouri? Yes — it is classified as a Class D felony, carrying a potential prison sentence of up to 7 years and a fine of up to $10,000 if convicted.

    What Are the Penalties for Second Degree Domestic Assault in Missouri?

    In Missouri, second-degree domestic assault is a Class D felony under §565.073 RSMo. A conviction can result in up to 7 years in prison and a fine of up to $10,000.

    Additional consequences may include:

    • Supervised probation or parole
    • Loss of firearm rights under federal law
    • Protective orders or no-contact orders
    • A permanent criminal record impacting housing, employment, and custody

    Important: Missouri prosecutors take domestic assault charges very seriously — especially when there’s evidence of injury or prior incidents. Early intervention by a Missouri second degree domestic assault lawyer can significantly affect the outcome of your case.

    Related Assault & Domestic Violence Defense Pages

    Aggravated Assault Lawyer in Missouri

    Assault and Battery Lawyer in Missouri

    DWI Assault Lawyer in Missouri

    First-Degree Domestic Assault Lawyer in Missouri

    Fourth Degree Assault Lawyer in Missouri

    Fourth Degree Domestic Assault Lawyer in Missouri

    Second Degree Domestic Assault Lawyer in Missouri

    Second Degree Assault Lawyer in Missouri

    Third Degree Assault Lawyer in Missouri

    Third Degree Domestic Assault Lawyer in Missouri

    11 min
  • Second Degree Assault Defense Lawyer in Missouri
    Second Degree Assault Defense Lawyer serving St. Louis, Kansas City, and ALL of Missouri.

    Combs Waterkotte is the leading Second Degree Assault Defense Law Firm serving St. Louis, Kansas City, and the entire state of Missouri.

    Second Degree Assault Defense Lawyer in Missouri

    #assaultlawyer #lawyer #attorney #defense #missouri #stlouis #kansascity

    If you’ve been charged with second-degree assault in Missouri, you’re facing a felony offense that can result in prison time, fines, and a permanent record. Our experienced St. Louis criminal defense and violent crimes lawyers understand how prosecutors approach these cases, and we know how to fight back. Combs Waterkotte will help you challenge the evidence, negotiate reductions, or defend your case at trial.

    What Is Second Degree Assault in Missouri?

    Under Missouri Revised Statute §565.052, second-degree assault is a felony that covers six different situations — all involving serious physical injury, use of weapons, or reckless behavior. This charge can carry significant penalties, including years in prison.

    You can be charged with second-degree assault in Missouri if you allegedly:

    • Cause or attempt to cause serious physical injury to someone under the influence of sudden passion (like during a fight)
    • Intentionally cause physical injury by using a deadly weapon or dangerous object
    • Recklessly cause serious physical injury to someone else
    • Recklessly injure someone by discharging a firearm
    • Cause physical injury while driving away from police or fleeing arrest
    • Strangle or choke someone by impeding their breath or circulation
    What Are the Penalties for Second Degree Assault in Missouri?

    In Missouri, second-degree assault is typically charged as a Class D felony. But if the alleged victim is a “special victim” — such as a police officer, emergency responder, or elderly person — the charge becomes a Class B felony with much harsher consequences.

    Class D felony penalties:

    • 1 to 7 years in prison
    • Possible supervised probation (up to 4 years)
    • Fines up to $10,000

    Class B felony penalties:

    • 5 to 15 years in prison
    • No probation in many cases

    Who qualifies as a “special victim” under Missouri law?

    • Law enforcement officers
    • Firefighters and emergency medical personnel
    • Individuals 60 years or older
    • Persons with disabilities
    • Transit or utility workers performing duties
    Can Second Degree Assault Charges Be Reduced in Missouri?

    Yes — second-degree assault charges can be reduced or even dismissed in certain situations, especially when handled by an experienced Missouri second degree assault defense lawyer early in the case.

    Common reasons charges are reduced:

    • The injury was minor or unintentional
    • You acted in self-defense
    • You have no prior criminal record
    • The alleged victim does not want to press charges
    • There is insufficient or conflicting witness testimony

    First-time offenders may qualify for diversion programs, probation, or reduced charges that avoid a felony record — but only if the case is handled proactively. Waiting too long to mount a defense can limit your options.

    The takeaway: A strong legal strategy filed early can make the difference between a felony conviction and a second chance.

    Missouri Statutes Covering First Degree Assault

    The Missouri Revised Statutes include two offenses called first degree assault.

    Related Assault & Domestic Violence Defense Pages

    Aggravated Assault Lawyer in St. Louis

    Assault and Battery Lawyer in St. Louis

    DWI Assault Lawyer in St. Louis

    First-Degree Domestic Assault Lawyer in St. Louis

    Fourth Degree Assault Lawyer in St. Louis

    Fourth Degree Domestic Assault Lawyer in St. Louis

    Second Degree Domestic Assault Lawyer in St. Louis

    Second Degree Assault Lawyer in St. Louis

    Third Degree Assault Lawyer in St. Louis

    Third Degree Domestic Assault Lawyer in St. Louis

    10 min

About Defending Freedom

From the publisher's feed

Defending Freedom is a podcast with Missouri attorneys Chris Combs and Steve Waterkotte that dives into the world of criminal defense, justice, and the critical issues affecting individual rights.…