SPOUSE ABUSE LAWS TOUGHER

Anyone who hits a spouse today will face stricter state laws than ever before.

New domestic violence assault laws, elevating slapping or hair pulling from a misdemeanor crime to a felony, will dramatically increase punishment, Cape Girardeau County Prosecutor Morley Swingle said.

"About 15 percent of the cases here are domestic violence, and almost all have been misdemeanors," Swingle said. "But now, almost half will be felonies."

The new laws, which were sponsored in the Missouri legislature by Columbia, Mo., lawmakers Ken Jacob and Vicky Riback-Wilson, have made domestic violence assaults into first, second and third-degree crimes. Charges of first or second-degree domestic violence are class B and class C felonies, respectively. This means maximum punishments of 15 years for class B and 7 years for class C.

The prosecutor has been holding informational sessions with area law enforcement to make them aware of the nuances in the new laws.

"First-degree assault doesn't change much," Swingle said. Anyone who attempts to cause serious physical injury knowingly would be charged with first-degree assault, he said, regardless of family relations to the victim.

The second-degree charge is more broad. It applies to anyone who recklessly tries to cause physical injury, usually through slapping, kicking, punching or fighting, Swingle said.

"But if you do this to someone other than a family member, it is not a felony," he said.

Several elements in the new laws have made punishment greater for assault against a family member than assault against a stranger.

"The logic of this seems peculiar," Swingle said.

The second-degree charge involves people who have an ongoing romantic or intimate relationship. This leaves room for interpretation, Swingle said.

"What would a one-night stand be?" he said. "Is this a romantic relationship? We'll just have to see how the case law develops."

It is possible that this could apply to a former spouse, the prosecutor said.

Third-degree domestic assault can simply involve giving a family or household member apprehension of physical injury. It can also involve offensive touching. The new law has increased punishment for these actions from a maximum of 15 days in jail to up to a year behind bars.

Swingle also expects bonds to increase by 20 times, and more cases will be handled in state court instead of municipal court.

One problem that the new laws will likely create is a greater fear for victims, Swingle said.

"With greater punishment for their family members, victims will be even more reluctant to testify," he said.

However, the laws might result in fewer trials, since offenders will plead guilty more often if the prosecutor offers a misdemeanor charge in exchange for a plea, Swingle said.