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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 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 2 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 2 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 2 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 2 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).

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87077
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 6 other Criminal Law Specialists are ready to help you

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