Kimberly J. Benjamin, Founder & Managing Attorney
Published: December 6. 2019.
Updated: September 22. 2021.
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 MO 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 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.
Conviction records for some felonies in Missouri are eligible for expungement. If this occurs, criminal records become closed, so the general public can’t access them, but law enforcement agencies and courts can.
Expungement laws in this state are most helpful to individuals convicted of non-violent offenses, such as shoplifting, theft, drug possession, and destruction of property, just to name a few. However, there is a waiting period that has to pass before an individual can apply for expungement if their case results in a felony conviction. If you are not sure whether your felony conviction qualifies for expungement, give us a call, so we can discuss your options.
Consulting with an experienced criminal defense lawyer will save you a lot of time and effort. Your attorney will assess your case, prepare evidence, craft the best defense strategy and represent your case in court. Moreover, your attorney will also fight to protect your rights and help you bring the best case outcomes.
Class D Felony MO
In Missouri, Class D felonies are the next-lowest class of felonies that one could be charged with. A Class D felony MO is punishable by up to seven years in prison or one year in the county jail. The court also can impose a fine of up to $10,000.
Courts may offer a chance for probation for most Class D felonies and Class 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
- Aggravated DWI
- Abuse or neglect of a child
- Terrorist threat in the 1st degree
- Burglary in the 2nd degree
- Kidnapping in the 2nd degree
Class C Felonies MO: Possession of a 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 Missouri Felony
The second most serious felony classification is a Class B felony. For Class B felonies in Missouri, the court can impose a minimum of five years in prison and a maximum of 15 years.
Class B felonies in Missouri include:
- Distributing a controlled substance to a minor
- Voluntary manslaughter
- 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
- Money laundering
- Habitual DWI
- Trafficking drugs in the 1st degree
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. Those who are convicted of Class A felonies in Missouri need to have in mind these crimes can not be expunged, along with any conviction that requires sex offender registration, felonies involving death as an element of the offense, and offenses that can be classified as crimes against a person.
Get a FREE Case Evaluation
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.
Our attorneys will help you analyze your case, understand your charges and all legal options, and provide you with a robust defense strategy to protect your rights in court. With our extensive experience in this field, we will help you to minimize the impact of a felony conviction on you and your family’s life.