What Happens When You Press Charges on Someone for Assault?

April 16, 2024

Missouri law states that someone has assaulted another when they commit an illegal attempt to cause a serious physical injury to another person. If this happened to you, a crime may have occurred. 

However, if you want to press charges on someone for assault,  it is essential to understand the legal process in Missouri. First, realize that crime victims do not decide if charges should be filed in a criminal case. If the conduct of another party harmed you, the prosecutor may choose to charge the person if sufficient evidence exists. The victim often has critical input as to whether the state charges someone with assault, but the prosecutor makes the ultimate decision. 

At Kirsch & Kirsch, LLC, our attorneys know the law, process, consequences, and defense options for assault cases. Our attorneys have years of successful experience defending clients against crimes and advising clients about pressing charges for simple assault and other misdeeds. Contact our Missouri assault charges lawyers at (573) 261-5867 for immediate legal assistance if someone has assaulted you and you want to know your legal options. 

What Are Assault Charges? 

There are four types of assault under Missouri law that range between misdemeanors and felonies. First-degree assault is a Class B felony and means intentionally trying to kill or seriously injure someone. You can receive five to 30 years in state prison. 

Second-degree assault is a Class B felony and involves trying to kill or seriously injure someone with a weapon. It also can be recklessly causing serious injury to someone. 

This crime may result in seven years in prison. 

Third-degree assault is a Class E felony. It means causing serious injury to another person and involves a special victim, and may result in four years in prison. Fourth-degree assault is a Class A misdemeanor and means attempting to cause a physical injury on another person. This can result in a one-year jail sentence.  

Assault With a Deadly Weapon and Felony Assault

If the defendant used a deadly weapon, such as a knife or gun, they could be charged with assault with a deadly weapon, a Class D felony. However, for the person to be convicted of felony assault, the criminal justice system must prove beyond a reasonable doubt that the defendant used force and knew it would cause serious bodily harm. This is a high burden of proof, but if you want to press charges against the person who assaulted you, a Kirsch & Kirsch criminal defense lawyer may be able to assist. 

How to Press Charges Against Someone For Assault

Missouri prosecutors are responsible for holding the defendant accountable for the alleged assault. When the prosecutor decides if they should press charges, many factors will be considered. For example, is there any evidence that supports the defendant’s guilt? Is the evidence admissible? A significant piece of evidence the prosecutor may consider is if a police report states that an assault occurred. 

The local police department report is usually composed of the police officers who made the arrest. The report often establishes if a crime occurred and if there is sufficient evidence at the scene to warrant an assault charge. Any of the evidence mentioned, or a combination, may persuade the state to decide to file charges. The charges could be filed, rejected, or diverted. The prosecutor makes the final decision and is not required to press charges because the alleged victim wants it. 

That isn’t to say that the crime victim has no say in whether an arrest warrant is issued and assault charges are filed after physical harm occurred. Your input can have a significant effect on the prosecutor’s ultimate decision. Suppose your husband hit you in the face after a verbal altercation and he is arrested for fourth-degree assault. The prosecutor could see a supplemental report written by the case detective that you want him to be prosecuted for assault. This does not guarantee it will happen, but it is a factor that the prosecutor will consider. 

Speak to Our Missouri Assault Charge Attorneys 

If you were attacked by someone recently, you could be injured and wonder if pressing charges is possible. Pressing charges is up to the state or county prosecutor, but you can be essential in determining if a criminal case is filed. The Kirsch & Kirsch law firm has successfully helped many clients who wanted to press charges in many criminal matters, including assault and assault with a deadly weapon. We are ready to start on your assault case immediately, so call (573) 261-5867 for a criminal defense attorney to review the matter.