Kansas City Battery Victim Attorney
Experienced Battery Victim Lawyers Serving Clients in Kansas City, MO
Battery, in the context of assault and battery, is defined as the unlawful and intentional act of physically contacting another person in a harmful or offensive manner without their consent. Unlike assault, which typically refers to the threat of harm or an attempt to cause harm, battery requires actual physical contact. This can include actions such as hitting, pushing, or any other unwanted physical force applied to another person.
Battery is often classified as either simple battery (which involves minor physical contact or harm) or an aggravated battery (which involves serious injury, the use of a deadly weapon, or harm to a particularly vulnerable victim). The severity of the charge depends on the circumstances, including the intent of the perpetrator and the extent of injury caused.
Legal Ramifications of Battery in Missouri
In Missouri, battery is not a standalone criminal charge. Instead, the state uses the broader term “assault” to cover both physical attacks and threats of harm. Missouri law categorizes assault into four degrees:
- First-Degree Assault (§ 565.050 RSMo) – Attempting to kill or knowingly causing serious physical injury to another person, often charged as a Class B felony (or Class A if the crime was committed against a “special victim”).
- Class B Felony – 5 to 15 years in prison (standard offense).
- Class A Felony – 10 years to life in prison (if the victim is a protected individual or the attack was particularly severe).
- Second-Degree Assault (§ 565.052 RSMo)) – This offense includes recklessly causing serious injury, attempting to kill or cause serious injury with a deadly weapon, or attempting to kill or cause serious injury while under the influence, typically a Class D felony, unless the crime was committed against a “special victim,” enhancing the crime to a class B felony.
- Class B Felony – 5 to 15 years in prison, fines up to $10,000, or both.
- Class D Felony – Up to 7 years in prison, fines up to $10,000, or both.
- Third-Degree Assault (§ 565.054 RSMo) – Someone commits this crime when they knowingly cause physical injury to another, usually a Class E felony, but enhanced to a class D felony where a “special victim” is involved.
- Class D Felony – Up to 7 years in prison, fines up to $10,000, or both.
- Class E Felony – Up to 4 years in prison, fines up to $10,000, or both.
- Fourth-Degree Assault (§ 565.056 RSMo) – Offensive physical contact to an individual with a disability, recklessly creating a risk of injury, or negligently causing physical injury, often a misdemeanor.
- Class A Misdemeanor – Up to 1 year in jail, fines up to $2,000
Aggravating Factors and Enhanced Penalties
- If the victim is a law enforcement officer, elderly individual, child, or disabled person, charges may be upgraded to a higher class felony.
- Use of a deadly weapon or committing assault in connection with domestic violence can lead to stricter sentences and may establish grounds for additional charges such as the unclassified felony of Armed Criminal Action, carrying a range of punishment of 3 to 15 years in prison.
- Prior and/or persistent offenders may face enhanced penalties, especially if the assault resulted in significant bodily harm.
Because Missouri does not distinguish battery as a separate offense, acts that constitute battery based on the conduct committed are charged as assault under Missouri law, with penalties ranging from fines to significant prison sentences based on the severity of the offense.
Legal Actions for Victims of Assault and Battery in Missouri
Victims of assault and battery in Missouri have several legal options to seek justice and compensation. Depending on the severity of the offense and the circumstances, victims can pursue criminal charges, civil lawsuits, protective orders, or restitution. (§ 565.056 RSMo).
1. Filing Criminal Charges
Victims can report the assault to law enforcement, triggering a criminal investigation. If there is sufficient evidence, the prosecutor may file charges against the attacker under Missouri’s assault laws (RSMo § 565.050 – § 565.056).
- Misdemeanor cases (e.g., minor injuries, offensive touching) may result in jail time and fines.
- Felony cases (e.g., serious bodily harm, use of a weapon) can lead to longer prison sentences.
Victims do not control the criminal case—once charges are filed, the prosecution decides how to proceed.
2. Filing a Civil Lawsuit
Victims can file a personal injury lawsuit against the attacker to seek compensation for:
- Medical bills (hospital visits, surgeries, therapy).
- Lost wages (if the injuries prevented them from working).
- Pain and suffering (emotional and physical trauma).
Unlike criminal cases, civil lawsuits do not require proof “beyond a reasonable doubt”—victims must only prove the attacker is liable by a preponderance of the evidence (more likely than not).
3. Obtaining a Protective Order
If the victim fears future harm, they can request an order of protection from the court. This legally prevents the attacker from contacting, approaching, or harassing the victim.
- Victims can petition for an order of protection without an attorney or cost.
- There are two types of orders of protection: ex parte and full. An ex parte order is a temporary emergency order that takes effect immediately without requiring prior notice to the opposing party. A full order is issued after a hearing and providing notice to the opposing party.
- An order of protection can be sought against a person who has stalked, sexually assaulted, or harassed the victim.
- An order of protection can be sought against a family member, household member, or intimate partner. § 455.020 RSMo.
- An order of protection may also be issued against another person, regardless of the relationship, when stalking or sexual assault has occurred. § 455.020 RSMo.
4. Seeking Restitution
In criminal cases, Missouri courts may order the offender to pay restitution, reimbursing the victim for financial losses caused by the assault.
Victims should consult a personal injury attorney to explore their legal options and ensure their rights are protected. If you or a loved one has been a victim of assault and battery, don’t face the legal battle alone. Our Kansas City battery attorneys can help you understand your rights and pursue justice. Whether you need to file a lawsuit, obtain a protective order, or seek restitution, our experienced attorneys will fight for your best interests. Contact our trusted lawyers today to discuss your case and explore your options.
Statute of Limitations for Assault and Battery in Missouri
It’s important to understand that Missouri has a statute of limitations that sets time limits for reporting and filing legal actions related to assault and battery. The time frame depends on whether the case is criminal or civil.
Criminal Statute of Limitations (§ 566.036 RSMo)
- First Degree Assault (if it is charged as an A felony) – No statute of limitations, meaning charges can be filed at any time
- First-Degree Assault (if it is charged as a B felony) – 3 years from the date of the incident
- Second- and Third-Degree Assault – 3 years from the date the incident occurred
- Misdemeanor Assault (e.g., Fourth-Degree Assault, Simple Battery) – 1 year from the date of the incident to file charges.
Civil Statute of Limitations (Personal Injury Claims)
- Victims have 5 years from the date of the assault to file a civil lawsuit for damages (§ 516.120 RSMo).).
- If the assault involved childhood sexual abuse, victims may have longer time limits based on specific circumstances.
Since legal time limits vary, consulting a Kansas City battery lawyer is crucial to ensure timely legal action.
What to Do If You’ve Been a Victim of Assault and Battery in Missouri
If you’ve been a victim of assault and battery in Missouri, taking immediate action can help protect your rights and ensure justice is served.
- Seek Medical Attention – Your health comes first. Even minor injuries should be evaluated by a doctor, as some injuries may worsen over time. Keep all medical records as evidence.
- Report the Incident – Contact law enforcement and file a police report. This creates an official record of the assault and may lead to criminal charges against the offender.
- Gather Evidence – Document injuries with photos, collect witness statements, and save any communication from the attacker. This evidence is crucial for both criminal and civil cases.
- Consider Legal Action – You can file a civil lawsuit for compensation and seek a protective order if needed.
- Consult a Battery Victim Attorney – A skilled Kansas City battery victim lawyer can help you navigate the legal process, ensuring your rights are protected.
Contact our Kansas City Battery Victim Attorney Today
If you’ve been a victim of assault and battery, it’s crucial to have experienced legal representation to protect your rights and pursue justice. Our dedicated Kansas City Battery Victim Attorneys are here to guide you through the legal process, ensuring you receive the compensation and support you deserve. Contact us today for a confidential consultation and take the first step toward reclaiming your life.
