Missouri grades domestic assault by degree, which means the same underlying allegation can be charged as a misdemeanor or as a felony depending on the facts. The grade depends on injury, weapon use, strangulation conduct, and prior contacts — not just on the parties’ relationship.
This page is general orientation, not legal advice. The specific charge you’re facing needs a defense lawyer’s read.
The four degrees
Missouri uses four degrees of domestic assault:
- Fourth-degree: the lowest level, typically a misdemeanor
- Third-degree: a felony
- Second-degree: a more serious felony
- First-degree: the most serious, used for the most severe conduct including serious injury
Where your specific charge lands depends on what the prosecutor alleges, not on what actually happened. A defense lawyer reads the charge against the facts and identifies whether the grade is overreaching for the evidence.
What moves the grade up
Common aggravators include:
- Injury level. The seriousness of any physical injury alleged
- Use or display of a weapon
- Strangulation or impeding-the-breath conduct — treated as a particularly serious aggravator
- Presence of a child
- Prior domestic-assault convictions inside the lookback period
Why this matters
The misdemeanor-vs-felony question changes nearly everything: the sentencing range, the bond conditions, the federal firearm consequences, the long-term record, and whether diversion or a plea-down is realistic. A felony domestic-assault conviction can mean prison time and a permanent federally-disqualifying firearm record.
What about a no-contact order?
A no-contact condition on bond doesn’t depend on the degree of the charge — it’s typically standard regardless. But how the case ultimately resolves does depend on the degree, and a defense lawyer’s work often centers on whether the prosecution can actually support the grade they’ve charged.
What to do
Don’t assume the charge as filed is what the case has to settle as. A defense lawyer can read the evidence against the elements of the charged degree and identify whether there’s room to negotiate the grade down. Domestic-assault cases also frequently involve evidentiary issues (recanting witnesses, hearsay exceptions, body- camera interpretation) where defense work matters.
The first consultation is usually free.
For more, see the domestic violence lawyer Kansas City pillar.
Common questions
What's the lowest level of domestic assault in Missouri?
Fourth-degree domestic assault — typically a misdemeanor, with the grade rising if certain aggravators apply or with prior offenses. A defense lawyer can quickly tell you where your charge sits.
Does a prior conviction make my next one a felony?
It can. Missouri's domestic-assault scheme uses a prior-offense ladder that can elevate the grade on a repeat charge. Whether a specific prior counts is fact-specific.
What about strangulation?
Strangulation or impeding-the-breath conduct is treated as a serious aggravator in domestic-assault cases. If that's part of the alleged conduct, the case is more serious — and getting a defense lawyer involved early is more important.