Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Man, 65, shoots motorcyclist in road rage incident [View all]Robb
(39,665 posts)113. It seems in Missouri, intent to assault = assault.
Something of a rundown:
Assault in the First Degree
Missouri Revised Statutes Section 565.050 defines assault in the first degree if a person attempts to kill, actually and intentionally causes serious injury or attempts to cause serious injury. If a victim suffers serious injury, the crime is a Class A felony punishable by 10 to 30 years in prison, depending upon the severity of the injury and the convict's previous criminal record. When there is no serious injury, the assault charge is a Class B felony. If the suspect is convicted, he faces five to 15 years in prison.
Assault in the Second Degree
Under Section 565.060 of Missouri Revised Statutes, second-degree assault occurs in Missouri if the person: (1) uses a deadly weapon and attempts to cause or actually causes any injury, (2) acts recklessly and causes any injury, (3) acts in "the heat of passion" and causes or attempts to cause serious injury, (4) recklessly fires a gun, causing injury to another person, or (5) causes injury while operating a motor vehicle under the influence of drugs or alcohol. Second-degree assault is a Class C felony in Missouri, punishable by no more than 7 years in prison.
Assault in the Third Degree
A person can be convicted of third-degree assault in Missouri if: (1) the person negligently causes any injury with a deadly weapon, (2) the person recklessly causes or attempts to cause any physical injury, (3) the person causes a victim to believe that she is at risk of being injured, (4) the person acts recklessly, creating the risk of death or serious injury, (5) the person physically touches the victim in a way that is "offensive or provocative," or (6) the person physically touches an incapacitated person. As set forth in Missouri Revised Statutes Section 565.070, a person who committed an act as defined in (3) or (4) is guilty of a Class A misdemeanor, punishable by up to one year in prison and a $1,000 fine. Conduct set forth in all other sections is a Class C misdemeanor, punishable by 15 days in jail and a $300 fine. When person has multiple assault convictions, the offense is a Class D felony with a sentence of up to four years.
Defenses to Assault
A person charged with assault can claim self-defense. If he can prove that "a reasonable person" in his situation would have feared for his safety, his conduct in committing assault is permissible. He is permitted to act with reasonable force to prevent his own impending injury.
Missouri Revised Statutes Section 565.050 defines assault in the first degree if a person attempts to kill, actually and intentionally causes serious injury or attempts to cause serious injury. If a victim suffers serious injury, the crime is a Class A felony punishable by 10 to 30 years in prison, depending upon the severity of the injury and the convict's previous criminal record. When there is no serious injury, the assault charge is a Class B felony. If the suspect is convicted, he faces five to 15 years in prison.
Assault in the Second Degree
Under Section 565.060 of Missouri Revised Statutes, second-degree assault occurs in Missouri if the person: (1) uses a deadly weapon and attempts to cause or actually causes any injury, (2) acts recklessly and causes any injury, (3) acts in "the heat of passion" and causes or attempts to cause serious injury, (4) recklessly fires a gun, causing injury to another person, or (5) causes injury while operating a motor vehicle under the influence of drugs or alcohol. Second-degree assault is a Class C felony in Missouri, punishable by no more than 7 years in prison.
Assault in the Third Degree
A person can be convicted of third-degree assault in Missouri if: (1) the person negligently causes any injury with a deadly weapon, (2) the person recklessly causes or attempts to cause any physical injury, (3) the person causes a victim to believe that she is at risk of being injured, (4) the person acts recklessly, creating the risk of death or serious injury, (5) the person physically touches the victim in a way that is "offensive or provocative," or (6) the person physically touches an incapacitated person. As set forth in Missouri Revised Statutes Section 565.070, a person who committed an act as defined in (3) or (4) is guilty of a Class A misdemeanor, punishable by up to one year in prison and a $1,000 fine. Conduct set forth in all other sections is a Class C misdemeanor, punishable by 15 days in jail and a $300 fine. When person has multiple assault convictions, the offense is a Class D felony with a sentence of up to four years.
Defenses to Assault
A person charged with assault can claim self-defense. If he can prove that "a reasonable person" in his situation would have feared for his safety, his conduct in committing assault is permissible. He is permitted to act with reasonable force to prevent his own impending injury.
Edit history
Please sign in to view edit histories.
194 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
"Motorcyclist Shot After Assaulting 65-Year-Old Man at Traffic Light" seems more accurate to me.
cherokeeprogressive
May 2012
#1
OTOH I'd happily see the 65-year-old prosecuted if he were carrying the gun illegally.
cherokeeprogressive
May 2012
#6
The guy who cut off the wife needs glasses or needs to look out for motorcyclist
Life Long Dem
May 2012
#16
Insurance companies call them "crashes" because they say there are no "accidents"
WriteWrong
May 2012
#124
Your unfamiliarity with firearms and their capabilities in real life is obvious.
PavePusher
May 2012
#183
Doing something that you know is likely to kill someone is not the same as WANTING to kill someone
slackmaster
May 2012
#176
What else is different about your scenario and the actual story -- oh yes an actual physical assault
aikoaiko
May 2012
#75
What if the 18 year old was physically disabled, a paraplegic for instance?
Fumesucker
May 2012
#110
Here in CA where we can legally lane split, the harassment is often overt and nasty
ProgressiveProfessor
May 2012
#92
I'm a bike rider. I avoid getting off my bike at the light to assault retirees.
lumberjack_jeff
May 2012
#23
And that brings up the possibility that the old guy was looking for someone to shoot.
baldguy
May 2012
#74
And that brings up the possibility the wife conspired with the driver to kill her husband
aikoaiko
May 2012
#78
What is a "gunner", who are the "gunners" you refer to, and can you provide proof that ALL...
Marengo
May 2012
#99
The point is that the presence of a gun makes people behave in ways they would not normally
Marrah_G
May 2012
#59
Sounds perfectly reasonable...from and to someone not currently under assault.
Marengo
May 2012
#170
Given that the motorcyclist's wife was present it seems reasonable to get away from her
slackmaster
May 2012
#69
Given that nobody was killed or even seriously injured, the story is quite forgettable
slackmaster
May 2012
#73
From the description of events in the brief article, it looks to me like a justifiable shooting
slackmaster
May 2012
#68