Assault First Degree

First degree assault is the most violent kinds of assault under state law, and a conviction can result in severe penalties and long-term consequences. If you’ve been charged with first degree assault in the St. Louis area, you need knowledgeable, dedicated legal representation that will stand up for your rights and fight hard to resolve the case against you. Contact Frank & Juengel Law Group P.C., for an initial case evaluation with an experienced defense attorney for violent crimes in St. Louis, and let’s discuss your situation in detail.

Understanding First Degree Assault Charges

First degree assault constitutes the most severe or violent form of assault. A person assaults another individual when they intentionally cause that individual to fear imminent harm, injury, or other offensive contact. In Missouri, a person commits first degree assault when they attempt to kill or knowingly cause or attempt to cause severe injury to another person.

The most serious form of assault under Illinois law is aggravated assault, which is an assault committed under specific circumstances. For example, an aggravated assault occurs when a person assaults a person in a public way, on public property, in a public place of accommodation or amusement, in a sports venue, or in a place used for religious worship. Aggravated assault also occurs when a person assaults an individual whom they know is:

A person with a physical disability
A person aged 60 or older
A teacher or school employee on school property
A park district employee on park grounds
A community policing volunteer, private security officer, or utility worker performing their duties, when the assault occurs as retaliation for those duties or to prevent the victim from performing their duties
A first responder (police, fire, EMS) performing their duties, when the assault occurs as retaliation for those duties or to prevent the victim from performing their duties
A corrections officer or correctional employee performing their duties, when the assault occurs as retaliation for those duties or to prevent the victim from performing their duties
A state or local government employee performing their duties
A transit employee or passenger
A sports official or coach actively participating in an athletic competition or within the vicinity of a sports facility
A process server performing their duties

An aggravated assault in Illinois also includes an assault committed with a firearm, deadly weapon, or motor vehicle.

Penalties for First Degree Assault Convictions

Under Missouri law, first degree assault constitutes a class B felony unless the victim suffers severe physical injury or qualifies as a “special victim,” in which case the crime becomes a class A felony. Class B felonies have a sentencing range of five to 15 years, while class A felonies have a sentencing range of ten to 30 years or life imprisonment.

In Illinois, an aggravated assault can constitute a Class A misdemeanor, Class 4 felony, or Class 3 felony. Maximum penalties for a Class A misdemeanor conviction include a fine of $2,500 and a jail sentence of 364 days. Penalties for a Class 4 felony conviction include a prison sentence of one to three years or an extended term of three to six years. Penalties for a Class 3 felony include two to five years or an extended term of five to 10 years.

Long-term consequences of an assault conviction also include having a criminal record that will appear in background checks. A criminal history can make pursuing employment, housing, or educational opportunities challenging, since an assault conviction reflects poorly on an applicant.

Defenses to Assault Charges

People charged with assault may raise various legal and factual defenses to their charges to avoid conviction or reduce the grading of the offense to a lesser-included offense. Common defenses used in first degree assault cases include:

Lack of intent: A defendant may contest a first degree assault charge by showing that they lacked any intent to place the alleged victim in fear of imminent harm or injury.
Self-defense/defense of others/defense of property: The law allows people to use reasonable force to protect themselves or others from imminent harm inflicted by another individual or to prevent that individual from damaging, destroying, or stealing one’s property. However, a person acting in self-defense may only use force proportional to the level of force employed by their attacker. For example, a person may not use deadly force in self-defense against an individual attacking them with non-lethal means.
Mistaken identity: A defendant may argue that the victim or eyewitnesses have erroneously identified them as the assailant.
Alibi: In an alibi defense, a defendant presents evidence that they were somewhere else when the alleged assault occurred and thus could not have committed the crime.
Necessity: A necessity defense claims that a person committed an offense to prevent more serious harm, such as a person grabbing and forcefully restraining another individual to prevent them from harming themselves.

Defense strategies may also include arguing that the alleged assault does not meet the particular circumstances for a first degree charge, which may lead to a conviction for a less severe offense with lesser penalties.

What Can a Criminal Defense Attorney Do to Help You Face First Degree Assault Charges?

If you’ve been arrested for first degree assault, a defense lawyer from Frank & Juengel Law Group P.C., can help you fight the charges against you by:

Thoroughly investigating the case to obtain all available evidence that may prove helpful for your defense
Identifying potential case strategies that may allow you to contest your charges more effectively
Explaining the charges against you and preparing you for what to expect at each stage of the criminal justice process
Vigorously challenging the prosecution’s case, including filing motions to exclude improper evidence or to reduce/dismiss your charges due to a lack of sufficient evidence to bring you to trial
Fighting as hard as needed to secure the best possible outcome under the circumstances, even when that means going to trial

What Can a Criminal Defense Attorney Do to Help You Face First Degree Assault Charges?

A conviction for first degree assault can upend your future and follow you for years to come. As such, your choice of legal representation is one of the most important decisions you will make. Clients charged with assault have turned to the attorneys of Frank & Juengel Law Group P.C., to advocate for their rights and interests because:

Our team has more than five decades of combined legal experience defending clients against criminal charges, including for violent crimes like first degree assault.
Our firm has a proven reputation for obtaining favorable outcomes for defendants facing assault charges. We work tirelessly to develop a compelling defense, preparing every case for trial so that prosecutors know we will do whatever it takes to get the best possible result for our client.
Our attorneys have earned numerous awards and recognition for their legal representation and client service, including the highest AV rating from Martindale-Hubbell.

What Can a Criminal Defense Attorney Do to Help You Face First Degree Assault Charges?

Don’t face your first-degree assault charges alone. Instead, get the legal advocacy you need to pursue a favorable resolution to your case. Contact Frank & Juengel Law Group P.C., today for a confidential consultation to discuss how our team of experienced criminal defense lawyers can protect your rights, freedom, and future from the consequences of an arrest or conviction for assault.

Assault First Degree