Franklin County Criminal Defense Attorney

Defending Individuals Facing Criminal Charges in Franklin County With Care and Clarity.

Protect Your Rights with The Law Offices of Brian J. Cooke

Facing criminal charges can be a frightening experience. The stakes are high, and a conviction can change your life forever. Having a dedicated Franklin County criminal defense attorney by your side is essential to navigating these turbulent waters.

Criminal law is intricate and multifaceted, making it vital to secure representation that understands the nuances and complexities involved. A skilled attorney can craft a defense strategy tailored to your situation, helping to protect your rights and achieve the best possible outcome.

At The Law Offices of Brian J. Cooke, we pride ourselves on providing trusted and experienced representation in Franklin County. Our team of diligent criminal defense lawyers is committed to standing by our clients, ensuring they have the defense they deserve in times of need.

Common Criminal Charges in Franklin County, MO

Drug Offenses

In Franklin County, MO, common drug-related charges often include possession, trafficking, and distribution. The severity of drug charges can vary, with penalties ranging from fines to substantial prison time. Our team at The Law Offices of Brian J. Cooke has extensive experience and can craft a strong defense tailored to the specifics of each case.

DUI/DWI Charges

DWI is the offense of driving while intoxicated by alcohol or drugs. A first offense can lead to fines, license suspension, and even jail time. Having a criminal defense lawyer is crucial to mitigate these penalties. Protecting your rights is fundamental, especially when facing a DUI/DWI charge.

Assault and Violent Crimes

Assault charges in Franklin County can range from simple assault to aggravated assault. Convictions for violent crimes often result in severe penalties, including lengthy prison sentences. A skilled attorney is necessary to navigate the complex defenses involved in these cases.

Theft and Property Crimes

Common theft-related offenses include burglary, robbery, and shoplifting. Convictions can lead to fines, restitution, and imprisonment. Protecting your record from a permanent criminal mark is vital but may only be possible with the help of an effective criminal defense attorney.

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Understanding the Criminal Process

The criminal legal process in Missouri involves several key stages, each crucial to ensuring justice is served. Here’s a concise overview:

Arrest

The criminal process begins with the arrest of a suspect by law enforcement officers, usually based on probable cause or an outstanding warrant. The individual is taken into custody for alleged criminal activity.

Preliminary Hearing

In felony cases, a preliminary hearing is held to determine whether there is enough evidence to proceed to trial. The judge evaluates the evidence presented by the prosecution to decide if the case should advance.

Grand Jury

For serious felonies, the prosecution may present the case to a grand jury, which reviews the evidence and decides whether to issue an indictment. If the grand jury finds sufficient cause, formal charges are filed against the defendant.

Arraignment

During the arraignment, the defendant appears before a judge to formally hear the charges and plead—guilty, not guilty, or no contest. This step ensures the defendant understands their rights and the nature of the charges.

The Trial

If the case proceeds, a trial is conducted where the prosecution and defense present their evidence and arguments. A jury or judge evaluates the information to determine the defendant’s guilt or innocence.

Sentencing

If the defendant is found guilty, the court will impose a sentence. This can include fines, probation, or incarceration, depending on the nature and severity of the crime. The sentencing phase is critical for establishing consequences and rehabilitation efforts.

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Why The Law Offices of Brian J. Cooke Is the Right Choice

Experience

Our law firm has in-depth experience handling criminal cases in Franklin County. We have successfully defended clients facing a range of charges. For instance, we secured favorable verdicts in numerous DWI criminal cases. Our proven track record demonstrates our capability to achieve the best possible outcomes for our clients.

Client-Centered Approach

We are committed to providing personalized attention and tailored defense strategies. Each case is unique, and we ensure that our defense plans are customized to meet the specific needs of each client. Open communication is vital to us, and we believe that client involvement is key to a successful defense.

Local Knowledge and Reputation

Our deep understanding of the Franklin County court system sets us apart. We have built strong relationships with local judges and prosecutors, which can be advantageous during cases. Our firm has a positive reputation within the local legal community, underscoring our professionalism and dedication to client success.

Protect Your Future With Our Franklin County Criminal Defense Attorney

When facing criminal charges, securing experienced legal representation is crucial. Without a skilled criminal defense lawyer, your future and freedom are at serious risk. We understand the severe impact these charges can have on your life.

At The Law Offices of Brian J. Cooke, experienced criminal defense attorneys are available and are committed to defending your rights. Our team has the knowledge and experience necessary to achieve the best possible outcomes for our clients. We have successfully handled cases involving:

DUI and DWI
Drug offenses
Theft and burglary
Assault and violent crimes

Our approach is tailored to each case, ensuring personalized and effective defense strategies. We know that every detail counts and are dedicated to thorough preparation and aggressive representation.

Don’t face criminal charges alone; contact us today for a free consultation. Let us fight for your rights and work towards the best possible outcome for your case. Trust the Law Offices of Brian J. Cooke to provide you with aggressive and dedicated legal representation.

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FAQ

Can you still own a gun with an assault charge?

It depends on whether the assault charge is a misdemeanor or a felony and whether or not you receive a felony conviction. A misdemeanor assault charge will not result in the loss of your right to own a firearm. A felony conviction for assault, however, will result in you losing your right to own a firearm. If you receive an SIS probation (suspended imposition of sentence), you are not allowed to possess a firearm while on probation; however, once your probation is complete, your may legally own a firearm. With respect to domestic assault charges, even a misdemeanor domestic assault conviction can result in the loss of your right to own a firearm.

Does it matter who started the fight?

Under Missouri Self-Defense Law, you have the right to use reasonable force to defend yourself. However, an initial aggressor may not claim self-defense. An initial aggressor is defined as the person who attacked first or threatened to attack first. If you were the initial aggressor, you can only regain your right to self-defense if you have withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force.

What if a weapon was involved in the assault?

In Missouri, if an assault was committed with a deadly weapon or dangerous instrument, you can also be charged with armed criminal action. Examples of a deadly weapon include a gun or a knife. A dangerous instrument is defined as “any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury”. Examples of a dangerous instrument include: a car, a baseball bat, a brick. Armed criminal action carries a mandatory minimum sentence of three years which must be run consecutive to any sentence on a related assault charge.

Is it possible to get an assault charge reduced?

Yes. For instance, Assault 1st degree may be reduced to Assault 2nd degree if the assault occurred under “sudden passion arising out of adequate cause”. Sudden passion means, “passion directly caused by and arising out of provocation by the victim or another acting with the victim which passion arises at the time of the offense and is not solely the result of former provocation? Adequate cause means, “cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair an ordinary person’s capacity for self-control”.

What it is the difference between Serious Physical Injury and Physical injury?

Serious physical injury is defined as “physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body”. Physical injury is defined as “slight impairment of any function of the body or temporary loss of use of any part of the body”.

Can I still get a Nursing, Real Estate, or other professional license in Missouri with an Assault Conviction?

It depends. Generally, a felony conviction for assault will disqualify you from obtaining a certain professional licenses. A misdemeanor conviction for assault is a something that will be considered but is not necessarily an automatic bar to professional licensure. Generally, the severity of the offense, the amount of time since the incident, and your conduct after the offense will be considered by the licensing board.

Can an Assault conviction be Expunged in Missouri?

Only misdemeanor Assault convictions can be expunged in Missouri. Felony Assault convictions cannot be expunged.

Can an Assault charge be enhanced if you have prior convictions for assault?

Yes. A prior assault offender is a person who has been found guilty of one assault offense, where such prior offense occurred within five years of the occurrence of the assault offense for which the person is charged. A prior offender shall be sentenced to a term of imprisonment one class higher. A persistent assault offender is, a person who has been found guilty of two or more assault offenses, where such two or more offenses occurred within ten years of the occurrence of the assault offense for which the person is charged. A persistent assault offender shall be sentenced two classes higher. Neither a prior or persistent assault offender may receive a suspended imposition of sentence and will not be eligible for probation and parole unless such person has served a minimum six month’s imprisonment.