Missouri Law: Second Degree Domestic Assault

Missouri differentiates assault versus domestic assault. Domestic assault law concerns assault on a victim who is personally known to the alleged perpetrator. The circumstances may involve a relative, roommate, or another adult who currently or previously had a social, or intimate, relationship with the accused. Following is a review of a case published March 3, 2015, regarding a man facing domestic assault charges in Perry County.

Case Synopsis

On February 28, 2015, police received a call reporting a domestic dispute. According to the caller, her nephew, Joshua Buza, was beating his wife in their home. Police were dispatched to the scene, and discovered the victim home alone. The wife reported that her husband had “punched her in the face, screamed at her, grabbed her by the hair, and pushed her head against a car window.” The police observed a swollen cheek, and angry marks on the neck and left eye.

While the police were in route to the scene, Buza’s aunt phoned back to report that Buza had arrived at her home. When he learned that his aunt had called the police, he told his aunt that he would go back and beat his wife more. Buza was arrested near his home early Sunday morning. He is charged with second-degree domestic assault, along with two misdemeanor drug charges. His bond is set at $10,000, cash.

Missouri Law – Second-Degree Domestic Assault

Missouri law defines domestic abuse is as “assault, battery, coercion, harassment, sexual assault, stalking or unlawful imprisonment” of one person by another. The assault is considered second degree if any of the following conditions apply:

1. The alleged perpetrator attempts to cause or knowingly causes physical injury to such family or household member by any means, including but not limited to, by use of a deadly weapon or dangerous instrument, or by choking or strangulation.

2. The alleged perpetrator recklessly causes serious physical injury.

3. The alleged perpetrator recklessly causes physical injury by means of any deadly weapon.

The term “recklessly,” according to a Missouri personal injury attorney, refers to acts that are committed without concern for the consequences, even if the act was not intentionally meant to harm the other person. Reckless behavior could be shoving a person hard into a glass mirror, or randomly discharging a firearm.

Second-degree domestic assault is a class C felony in Missouri. If found guilty, Buza could receive up to seven years’ incarceration, be fined up to $5,000, or both.

Missouri Law and Domestic Assault Charges

• Although many states have mandatory arrest laws in domestic violence cases, Missouri has an “Almost Mandatory” arrest policy. Police officers are not required to arrest the perceived aggressor, but can use their own discretion.
• Across the United States, including Missouri, prosecutors have adopted a “no-drop” policy with regard to domestic violence matters. Domestic violence cases are not dismissed, even when the alleged victim requests it.
• The Crime Victim Rights Amendment, added to the Missouri Constitution in 1992, gives judges the power to deny bond, or set it exceptionally high, in cases where an alleged perpetrator may pose a threat to the alleged victim.
• Missouri law allows battered wives to choose if they want to testify against their husbands in court. The majority of states has amended the spousal privilege statue, allowing prosecutors to require battered wives to testify against their spouse.

Joshua Buza is facing some significant legal problems, and very possibly jail time. Contacting a St. Louis Domestic Assault Defense Attorney is critical for him, in order to make informed decisions. There are defense options available, including the possibilities of a reduction, or dropping of the charges. With domestic assault cases, experience counts.