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Ely
Ely, Counselor at Law
Category: Criminal Law
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What is Domestic Assault - 3rd Degree - 1st/2nd Offense { Misdemeanor

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What is Domestic Assault - 3rd Degree - 1st/2nd Offense { Misdemeanor A RSMo: 565.074 } & Assault 3rd Degree - Pursuant To Subdivisions (3), (5) { Misdemeanor C RSMo: 565.070 }?? What kind of charges can be placed??
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

Domestic assault, third degree
For the first two times, this is a class A misdemeanor, up to 1 year in jail, and a fine of up to $1000. A third and subsequent charge is a class D felony, punishable by imprisonment for up to 4 years & Fine up to $5000.

Assault third degree
Class C Misdemeanor - up to 15 days in jail, $500 fine.

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Customer: replied 4 years ago.
what does it mean if these charges or to someone from the STate? so its the ST vs the person?
Expert:  Ely replied 4 years ago.
Hello,

It is the county (representing the state) versus the individual (Defendant). This is a criminal charge, where the accuser is the state - yes.

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Customer: replied 4 years ago.
so the defendant is being charged with these charges and they will have to pay a fine and serve jail time??
Expert:  Ely replied 4 years ago.
Hello,

If they are found guilty, yes. However, it is strongly recommended that they plead not guilty and retain counsel to explore options of a plea deal or perhaps taking their chances at trial. They have to be convicted in Court to be found guilty of the charges (or plead guilty, which - again - is not recommended).

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