565.054. Assault in the third degree. — 1. A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person.
2. The offense of assault in the third degree is a class E felony, unless 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 D felony.
Notes of Decisions
Cited in
9
cases (
6 in the last 5 years), 2017–2024 · leading case:
State v. Brown, 524 S.W.3d 44 (Mo. 2017).
State v. Brown, 524 S.W.3d 44 (Mo. 2017).
· cites it 2× “052 and section 565.054, respectively, in 2014. The amended statutes do not apply in this case because Mr.”
State of Missouri v. Dustin Demont Brown, 577 S.W.3d 870 (Mo. Ct. App. 2019).
· cites it 2× “8, the verdict director submitted by the State: As to Count I, if you find and believe from the evidence beyond a reasonable doubt: 2 Section 565.”
State of Missouri v. Rodrick Fowler (Mo. Ct. App. 2024).
· cites it 5× “070 RSMo 2000 with section 565.054 RSMo 2016. 13 Although Collins was decided before Missouri Courts began characterizing lesser included offenses as nested or non-nested, we find the third-degree assault offense at issue in the proposed instruction in Collins was a non-nested…”
State of Missouri v. John R. Wright (Mo. Ct. App. 2020).
· cites it 4× “5 effective, including substantive changes to the statutes establishing what acts constitute third- degree assault (§ 565.054) and second-degree robbery (§ 570.”
State of Missouri v. Alexander Harris (Mo. Ct. App. 2024).
· cites it 2× “052; and one count of third-degree assault, in violation of section 565.054. The State later filed a substitute information in lieu of indictment charging Appellant with one count of first-degree assault as a prior and persistent felony offender, alleging: [O]n or about December…”
State of Missouri v. Tiffany J Mills (Mo. Ct. App. 2023).
· cites it 2× “She argues in three points on appeal that the trial court erred in failing to hold a jury-tried punishment stage, that the trial court erred in excluding evidence, and that the trial court erred in failing to appoint counsel for her at her initial appearance and bail hearing.”
State of Missouri v. Lorandis M. Phillips (Mo. Ct. App. 2023).
“Appellant argues the state only alleged facts that, if proven, would have constituted third-degree assault under § 565.054, a class E felony. “Whether a charging document is sufficient to state an offense is a question of law, which we review de novo.”
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