St. Louis Assault Defense Attorneys
If you face investigation for or charges related to assault, you want to carefully choose the lawyer who will handle your case. You also want to consider limiting your interaction with law enforcement. You have the constitutional right to remain silent under the Fifth Amendment and to have the counsel of your choice under the Sixth Amendment. If you tell the police you do not wish to talk, they must respect that right. If you tell the police you want to speak with an attorney, they must respect that right. Any statements you make to law enforcement and any decisions you make without the advice of counsel can be used against you in a subsequent criminal proceeding.
A conviction for assault can carry not only severe punishment, but you may find yourself subject to an order that limits your access to your children, locked out of future job markets and subject to years of severely restrictive probation. You want an experienced and knowledgeable attorney to protect your rights.
At The Marks Law Firm, L.L.C., we have more than 60 years of combined legal experience. We have personally handled more than 1,000 criminal trials, so we have the skill, knowledge and experience to protect your rights in court.
When you hire us to defend you in an assault case, we will go to work immediately, gathering and preserving all evidence to support your case. We will review procedural as well as substantive issues, examining whether police and prosecutors violated your rights during the investigation of your crime. If the police obtained any evidence improperly, such as through an illegal search or seizure (in violation of the Fourth Amendment) or an involuntary confession (in violation of the Fifth and Sixth Amendments), we will seek to have the court prohibit the use of that evidence against you at trial. We will look at ways to impeach or challenge the credibility of any witnesses against you.
Assault charges may arise under state and/or federal law. While “assault” encompasses a range of statutes under state and federal law, all of them generally involve knowingly, or in some cases recklessly or negligently, causing or attempting to cause physical contact to another person. Assault has multiple degrees in Missouri based on the level of intent. The most severe level of assault – first degree – requires acting with the intent to kill or cause serious physical injury. Less severe is assault in the second degree, which includes an intent to cause serious physical injury to another in the “heat of passion” or with a deadly weapon or with recklessness or under the influence of alcohol or drugs. The least severe level of assault – third degree – requires reckless or criminally negligent conduct. Notably, Missouri also specifically criminalizes domestic assault, which provides stiffer penalties for selecting a victim who is a family or household member.
To win a conviction for assault, the prosecution must prove its case beyond a reasonable doubt. Every criminal case has elements defined by statute, and the prosecution must prove each of these elements beyond a reasonable doubt. We will put the prosecution to its full burden of proof. Also, you have the ability to raise a variety of defenses on your behalf, including alibi, mistaken identity and diminished capacity. If we believe you have a viable defense, we will pursue it vigorously.
For a free initial consultation with an experienced St. Louis criminal law attorney, contact us online or call our office at 314-993-6300 or toll free at 800-844-2232. We will set up a telephone consultation, if necessary, and will meet with you on Saturday upon request. Visa, MasterCard, Discover and American Express are welcome.