Criminal Defense Attorney Kansas City MO
A Felony Missouri is a very serious crime. Read on for a Missouri criminal defense attorney’s complete guide to felony Missouri.
Kimberly J. Benjamin, Founder & Managing Attorney
Published: December 6. 2019.
Updated: December 6. 2019.
A felony is the most serious charge level in the Missouri State Court System. It is generally less severe than a federal charge, yet much more severe than an infraction of city ordinance or a misdemeanor. Depending on the type of crime, a felony Missouri can be differentiated from a misdemeanor by the injury caused to another party, the value of the stolen property, or the type and amount of drugs in an individual’s possession.
A felony Missouri conviction is a serious matter that could compromise your reputation and your quality of life. No matter what type of crime you have been charged with, the criminal defense team at The DWI & Criminal Law Center will represent you every step of the way to fight for your freedom and your future.
Missouri Felony Sentencing Guidelines
In Missouri, felonies are serious criminal activities that are punishable by more than a year behind bars. Missouri classifies felonies into five categories: Class A through Class E. Class A is the most significant and will typically consist of a lengthy prison sentence. Class D and Class E will most likely offer the opportunity for probation and the possibility of keeping the crime off of your record.
Some of the most common felonies include certain types of drug crimes, assault and violent crimes, and sex crimes, but the class of felony that these crimes fall under will depend on the degree of the crime in addition to other factors.
Class E Felony Missouri
In Missouri, a Class E felony is the least severe class of felony in terms of punishment. A Class E felony Missouri is punishable by up to four years in prison, or one year in jail. The court also can impose a fine up to $10,000. There may also be a chance for probation under this felony class.
The Class E felony Missouri was added in 2017, after a team of prosecutors and other interested parties re-examined the state’s criminal code.
Class E felony offenses in Missouri include:
Involuntary manslaughter in the 2nd degree
Assault and domestic assault in the 3rd degree
Harassment in the 1st degree
Stalking in the 1st and 2nd degree
Child molestation in the 4th degree
Driving with a revoked or suspended license
Deceptive business practices
Engaging in pyramid sales schemes
Invasion of privacy
Tampering with computer data to defraud or obtain property
Class D Felony Missouri
In Missouri, a Class D felony is the next-lowest class of felonies that one could be charged with. A Class D felony Missouri is punishable by up to seven years in prison, or one year in the county jail. The court also can impose a fine up to $10,000.
Courts may offer a chance for probation for most Class D and E felonies. There are some exceptions, such as child abuse and neglect in addition to DWI Missouri.
If an accused person is convicted of being an aggravated DWI culprit, he or she is not qualified for parole or probation until he or she has actually served at least 60 days in prison. If a defendant is found guilty of child abuse or neglect, the defendant is not eligible for probation or parole till the offender has served no less than one year of his sentence for first-time offenders who did not inflict serious injury.
Missouri Class D Felony Offenses
Class D felony offenses in Missouri include:
Identity theft that exceeds $750 and does not exceed $25,000 in value
Domestic assault in the 2nd degree
Assault in the 2nd degree
Unlawful use of a weapon
Rape in the 2nd degree
Statutory sodomy in the 2nd degree
First offense of possession of child pornography
Abuse or neglect of a child
Terrorist threat in the 1st degree
Burglary in the 2nd degree
Kidnapping in the 2nd degree
Class C Felony Missouri
A Class C felony Missouri is punishable by three to ten years in prison. The court also can impose a fine up to $10,000.
Class C felony offenses in Missouri include:
- Involuntary manslaughter in the 1st degree
- Child molestation in the 3rd degree
- Identity theft that exceeds $25,000 and does not exceed $75,000 in value
- Domestic assault in the 1st degree that doesn’t involve serious physical injury
- Chronic DWI
- DWI that causes the death of another
- Drug trafficking in the 2nd degree
- Delivery or manufacture of most controlled substances
- Endangering the welfare of a child in the 1st degree
- Sexual abuse in the 1st degree
Class C Felony Missouri Possession Controlled Substance
All states have regulations regarding the prohibited possession of controlled substances, though each differs in its precise definition of controlled substances as well as the charges for possession. Missouri classifies not only drugs like marijuana, heroin, and cocaine as controlled substances, but also the substances utilized to produce them.
It is a Class C felony in Missouri to possess a controlled substance without a clinical prescription. Charges include a penalty of up to $5,000 as well as either up to a year behind bars or, at the sentencing court’s discernment, a minimum of two (and up to 7) years in prison. (Mo. Stat. Ann. § 195.202.).
Class B Felony Missouri
The second most serious felony Missouri classification is a Class B felony. For a Class B felony Missouri, the court can impose a minimum of five years in prison and a maximum of 15 years.
Class B felony Missouri offenses include:
Distributing a controlled substance to a minor
First offense of domestic assault in the 1st degree
Child molestation in the 2nd degree
Child molestation in the 3rd degree on a child under 14 years of age
Sexual abuse in the 1st degree
Abandonment of a child in the 1st degree
Abuse or neglect of a child causing serious emotional or physical injury
Arson in the 1st degree
Burglary in the 1st degree
Robbery in the 2nd degree
Trafficking drugs in the 1st degree
Class A Felony Missouri
In Missouri, a Class A felony carries the most severe range of punishment. The authorized sentence for a Class A felony Missouri is a minimum of ten years in prison and a maximum of 30 years or life in prison.
Class A felony offenses in Missouri include:
Murder in the 1st degree
Murder in the 2nd degree
Recklessly and knowingly infecting someone with HIV
Assault in the 1st degree
Kidnapping in the 1st degree
Child molestation in the 1st degree
Abandonment or endangerment of a child in the 1st or 2nd degree resulting in death
Abuse or neglect of a child resulting in death
Arson in the 1st degree
Robbery in the 1st degree
Financial exploitation of an elderly or disabled person
Sexual exploitation of a minor child
2nd violation of habitual DWI (can lead to a possible life sentence)
Tampering with a prescription drug order
It is important to note that the information included here is not an exhaustive list of offenses that could be classified as a felony in Missouri.
If you have been charged with a crime in Missouri and would like a personal evaluation of your case to understand what type of conviction you may be up against, don’t hesitate to contact a dedicated Missouri criminal defense attorney at The DWI & Criminal Law Center.
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