Mo. Rev. Stat. » Chapter 565
Missouri Revised Statutes

Mo. Rev. Stat. § 565.050 (2026)

Assault, first degree, penalty

✓ current as of May 2026
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  565.050.  Assault, first degree, penalty. — 1.  A person commits the offense of assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to another person.

  2.  The offense of assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, or if the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class A felony.

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(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCE:

No bail, certain defendants, certain offenses, 544.671

Notes of Decisions
Cited in 1,223 cases (44 in the last 5 years), 1978–2025 · leading case: State of Missouri v. Blaec James Lammers, 479 S.W.3d 624 (Mo. 2016).
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State of Missouri v. Blaec James Lammers, 479 S.W.3d 624 (Mo. 2016). · cites it 12× “At the conclusion of the interview, the detective placed Defendant under arrest, charging him with attempted first-degree assault under section 565.050, 5 armed criminal action under section 571.”
State v. Whalen, 49 S.W.3d 181 (Mo. 2001). · cites it 12× “Whalen was tried on charges of one count of class A assault in the first degree under section 565.050, [1] for causing serious physical injury to Corporal Cummines.”
State of Missouri v. Ralph Alexander, 505 S.W.3d 384 (Mo. Ct. App. 2016). · cites it 4× “020; section 565.050; section 571.030 RSMo Supp.”
Booker v. State, 552 S.W.3d 522 (Mo. 2018). · cites it 4× “Booker was indicted for assault in the first degree, section 565.050, 1 along with Jasmine Jeffries, Ernest Carter, Johnnie Lane, and Shaquanta Moore.”
State v. Adams, 741 S.W.2d 781 (Mo. Ct. App. 1987). · cites it 14× “Adams appeals from the judgment of the trial court entered on a jury verdict convicting defendant of two counts of assault in the first degree, in violation of § 565.050, RSMo 1986; one count of burglary in the first degree, in violation of § 569.”
State v. Kenney, 973 S.W.2d 536 (Mo. Ct. App. 1998). · cites it 15× “It provided: INFORMATION COUNT I The Assistant Prosecuting Attorney of the County of Cole, State of Missouri, charges that the defendant, Sandra Marie Kenney, acting with others, in violation of Section 565.050, RSMo, committed the class A felony of assault in the first degree,…”
State of Missouri v. Bruce Pierce, 433 S.W.3d 390 (Mo. 2014). · cites it 3× “Finally, in Hineman,Charles Hineman (“Father”) was convicted of one count of first-degree assault, section 565.050, RSMo 1994, and one count of child abuse, section 568.”
State v. Dunmore, 822 S.W.2d 509 (Mo. Ct. App. 1991). · cites it 10× “Appellant Tommy Dunmore, appeals his convictions of assault in the first degree pursuant to § 565.050, RSMo 1986, and armed criminal action pursuant to § 571.”
Wilder v. State, 301 S.W.3d 122 (Mo. Ct. App. 2010). · cites it 11× “The State later filed an indictment against Movant on January 3, 2007, charging Movant with not only burglary in the first degree, but also first degree assault, in violation of Section 565.050, and attempted forcible rape, in violation of Sec tion 566.”
State v. Dennis, 153 S.W.3d 910 (Mo. Ct. App. 2005). · cites it 9× “030, RSMo 1986, and first degree assault, under section 565.050, RSMo 1986. On appeal, Mr.”
State v. Moore, 882 S.W.2d 253 (Mo. Ct. App. 1994). · cites it 14× “Louis, State of Missouri, charges: COUNT 01: ASSAULT IN THE FIRST DEGREE — CLASS A FELONY That [appellant], in violation of Section 565.050, RSMo, committed a class A felony of assault in the first degree, punishable upon conviction under Section 558.”
State v. Greer, 348 S.W.3d 149 (Mo. Ct. App. 2011). · cites it 7× “Louis following his conviction by a jury of three counts of assault in the first degree, in violation of section 565.050 RSMo. (2000); 1 three counts of armed criminal action, in violation of section 571.”
Show all 1,223 citing cases →
— Mo. Rev. Stat. § 565.050(1) — 4 cases
State v. Helm, 624 S.W.2d 513 (Mo. Ct. App. 1981).
State v. M.L.S., 275 S.W.3d 293 (Mo. Ct. App. 2008).
State v. MLS, 275 S.W.3d 293 (Mo. Ct. App. 2008).
State v. McKenney, 744 S.W.2d 826 (Mo. Ct. App. 1987).
— Mo. Rev. Stat. § 565.050(2) — 2 cases
State v. Kruger, 926 S.W.2d 486 (Mo. Ct. App. 1996).
In Re J____ R____ N, 687 S.W.2d 655 (Mo. Ct. App. 1985).
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