565.056. Assault in the fourth degree. — 1. A person commits the offense of assault in the fourth degree if:
(1) The person attempts to cause or recklessly causes bodily harm to another person;
(2) With criminal negligence the person causes bodily harm to another person by means of a firearm;
(3) The person purposely places another person in apprehension of immediate bodily harm;
(4) The person recklessly engages in conduct which creates a substantial risk of death or great bodily harm to another person;
(5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or
(6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
2. Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.
3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.
Notes of Decisions
Cited in
19
cases (
13 in the last 5 years), 2019–2025 · leading case:
United States v. Davis, 588 U.S. 445 (2019).
United States v. Davis, 588 U.S. 445 (2019).
“) ("grave risk of serious bodily injury"); Mo. Rev. Stat. § 565.056 (1)(4) (2016) ("substantial risk of death or serious physical injury"); Utah Code § 76-5-102(1)(b) (2017) ("substantial risk of bodily injury").”
United States v. Emmanuel Robinson, 982 F.3d 1181 (8th Cir. 2020).
“See Mo. Rev. Stat. § 565.056 (2020) (“A person commits the offense of assault in the fourth degree if .”
In the interest of: J.J.M., 713 S.W.3d 244 (Mo. Ct. App. 2025).
· cites it 4× “2 The circuit court also found that Juvenile committed acts that, if committed by an adult, would have constituted one count of fourth-degree assault, Section 565.056, and one count of felonious resisting a lawful stop, Section 575.”
State of Missouri v. Keyshawn Omari Burton, 649 S.W.3d 389 (Mo. Ct. App. 2022).
· cites it 3× “Appellant received 110-day sentences for each of the misdemeanor counts and received a four-year sentence for the felony stealing count, suspended execution of that sentence, and was placed on probation for a term of five years.”
State of Missouri v. John C. Young, Jr., 597 S.W.3d 214 (Mo. Ct. App. 2019).
· cites it 2× “4 guilty on Count IV of armed criminal action related to Count III, guilty on Count V of the lesser included offense of fourth degree assault, section 565.056, not guilty of Count VI of armed criminal action related to Count V, not guilty of Count VI of failure to report a…”
State of Missouri v. M.M.W. Jr., 639 S.W.3d 560 (Mo. Ct. App. 2022).
· cites it 2× “015, and one count of assault in the fourth degree in violation of section 565.056. On May 11, 2018, M.M.W. was indicted for endangering a correctional employee in violation of section 575.”
D.W. v. Hillyer, No. 4:19-cv-03392 (E.D. Mo. Apr. 27, 2020).
· cites it 2× “050 ), a Class E felony; Assault in the Fourth Degree ( Mo. Rev. Stat. §§ 565.056 ), a Class A misdemeanor; and Abuse of a Person Receiving Healthcare ( Mo.”
Brown v. Trump, No. 4:18-cv-00389 (E.D. Mo. June 14, 2021).
· cites it 2× “, Mo. Rev. Stat. §§ 565.056 , 569.140, 574.”
State of Missouri v. Jeffery Lumzy, 713 S.W.3d 729 (Mo. Ct. App. 2025).
· cites it 2× “Lumzy argues the trial court erred in refusing his proffered instruction, which he maintains appropriately modified the MAI-CR by using the criminal code definition of assault in the fourth degree from § 565.056, RSMo (2016). 7 Lumzy’s rejected instruction read: “[a] person…”
State of Missouri v. Leonard H. Burst, 712 S.W.3d 429 (Mo. Ct. App. 2025).
· cites it 2× “He also was charged with misdemeanor assault in the fourth degree in violation of Section 565.056, in that he purposely placed Deputy T.”
Mo. Rev. Stat. § 565.056(4): 1 case
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