Legal Question in Criminal Law in Missouri
grammer question about assualt law
In Missouri Revised Statutes, Title XXXVIII, Chapter 565 (Offenses Against the Person), section 565.070 (Assault in the third degree), subsection 1, subdivision 4 it states ''A person commits the crime of assault in the third degree if: The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person.'' My question is if the word risk applys to both death and injury. Would it be the same to say ''...risk or death or risk of serious physical injury.''?
1 Answer from Attorneys
Re: grammer question about assualt law
The situation you describe is what is at the heart of what lawyers do. One Court could say that risk applies to both. Another could say it only applies to death. The appellate courts would have to decide which it is.
For waht it is worth, my reading of that statute is that it applies to both death and serious physical injury.
Good Luck
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