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Domestic Assault - 2nd Degree { Felony C


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#1 earthangel63601

earthangel63601

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Posted 10 April 2011 - 07:19 PM

My son in law has been arrested once of domestic assault on my daughter and was order to do anger management classes and he would get off probation then but we don't know if he ever was released from probation then again in Feb he assaulted my preg daughter again, choking her and kicking her in the stomach and putting her in premature labor, she never filed charges against him and she has since took him back, which of course I am not happy about but now he is being charged with Domestic Assault - 2nd Degree { Felony C RSMo: 565.073 }, my question what is domestic Assault in the 2nd Degree and what is a felony C and what can he expect.
Thanks,
J*S*

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#2 FindLaw_John

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Posted 12 April 2011 - 04:52 AM

Missouri Statute 565.073:

"Domestic assault, second degree--penalty.

565.073. 1. A person commits the crime of domestic assault in the second degree if the act involves a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor, as defined in section 455.010, and he or she:

(1) Attempts to cause or knowingly causes physical injury to such family or household member by any means, including but not limited to, by use of a deadly weapon or dangerous instrument, or by choking or strangulation; or

(2) Recklessly causes serious physical injury to such family or household member; or

(3) Recklessly causes physical injury to such family or household member by means of any deadly weapon.

2. Domestic assault in the second degree is a class C felony. "

A Class C felony is punishable by a term of years not to exceed seven years. You can read all the details about Missouri's sentencing guidelines here.

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