An Overview of Missouri Criminal Law by The Law Offices of Brian J. Cooke

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Introduction to Missouri Criminal Law

Missouri’s criminal law system can be complex and overwhelming. Whether it’s dealing with violent crimes, theft, or drug offenses, the stakes are incredibly high. Learning about criminal law, especially if you are facing charges, can help you make informed decisions.

At The Law Offices of Brian J. Cooke, we understand the weight of facing criminal charges in Missouri. We are here to help you make sense of it all. In this guide, you will learn how criminal cases proceed, how they are categorized, and what you should do when facing criminal charges.

Overview of Missouri Criminal Code

Missouri’s criminal law (Title 37 of the RSMo) categorizes offenses into misdemeanors and felonies, with misdemeanors being less severe and typically punishable by fines or short-term imprisonment and felonies carrying harsher penalties, including long-term imprisonment. Felonies are further classified into classes, from Class A (most severe) to Class E (least severe), while misdemeanors are categorized from Class A to Class C.

When a crime is allegedly committed, the criminal justice process begins with an investigation by law enforcement, who gather evidence to determine if there is probable cause to arrest a suspect. If an arrest is made, the case is handed over to a prosecutor who decides whether to file formal charges. This marks the start of the criminal legal process, which includes several key stages: arraignment, pre-trial motions, and potentially a trial.

Individuals involved in Missouri’s criminal justice system, particularly those accused or charged with a crime, have specific rights that are protected under both state and federal law. These include the right to remain silent to avoid self-incrimination, the right to legal representation, and the right to a fair and speedy trial.

Those accused are also presumed innocent until proven guilty and have the right to confront witnesses and present evidence in their defense. Additionally, they are protected against unlawful searches and seizures, ensuring that any evidence obtained without proper legal procedures may be challenged in court.

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Common Types of Criminal Charges in Missouri

In Missouri, there are several types of criminal charges. Each charge has specific criteria and consequences. Below is a brief overview of some of these charges.

Theft

Theft involves taking someone else’s property without permission. The severity depends on the value of the stolen property. Stealing items like firearms is always a felony in Missouri.

Assault

Assault charges are categorized into simple assault and aggravated assault. These charges depend on the nature of the attack and the injuries sustained by the victim.

Drug Offenses

Drug offenses include possession, possession with intent, and trafficking of illegal substances. The penalties vary based on the type and amount of drug involved.

Driving Under the Influence (DUI)

A DUI charge occurs when someone operates a vehicle while impaired by alcohol or drugs. The penalties can include fines, license suspension, and even jail time.

Homicide

Homicide charges range from involuntary manslaughter to first-degree murder. The classification depends on the intent and circumstances surrounding the death.

Common Types of Criminal Charges in Missouri

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Penalties and Sentencing in Missouri

In Missouri, criminal convictions come with different penalties based on the class of the crime. Felonies and misdemeanors have distinct categories.

Felony Classes and Penalties:

Class A Felony: 10-30 years or life in prison
Class B Felony: 5-15 years in prison
Class C Felony: 3-10 years in prison
Class D Felony: Up to 7 years in prison
Class E Felony: Up to 4 years in prison

Misdemeanor Classes and Penalties:

Class A Misdemeanor: Up to 1 year in county jail or a fine up to $2,000
Class B Misdemeanor: Up to 6 months in county jail or a fine of up to $1,000
Class C Misdemeanor: Up to 15 days in county jail or a fine of up to $750

Different cases can have different outcomes. The sentence one receives for an offense may vary depending on several factors, including:

Prior Convictions: Repeat offenders often face harsher penalties.
Severity of the Crime: More violent or severe crimes lead to longer sentences.
Circumstances: Elements such as the use of a weapon or the involvement of minors can affect sentencing.

In some cases, a prison sentence may not be necessary. Missouri offers alternatives to traditional incarceration, such as:

Probation: Offenders are monitored and must follow specific conditions.
Community Service: Completing assigned work for community benefit.
Rehabilitation Programs: Participation in programs aimed at addressing issues like substance abuse.

We ensure every case is examined on its own merits, considering these and other relevant factors.

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The Criminal Justice Process in Missouri

The criminal justice process involves several stages, each playing an essential role in ensuring justice is served. Here’s a detailed breakdown of the steps involved:

Arrest: The process begins with an arrest, where Missouri law enforcement officers take a suspect into custody based on probable cause. This step is crucial as it sets the tone for the entire legal proceedings.
Preliminary Hearing: Preliminary hearings are only held for felony cases. These hearings involve a judge determining if sufficient evidence exists to proceed with a trial. This hearing is vital for assessing the strength of the prosecution’s case.
Arraignment: During the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. This step outlines the course of the trial and helps both parties prepare.
Trial: If the case goes to trial, both parties present their cases and evidence before a judge or jury. It’s the stage where guilt or lack thereof is determined based on the presented facts.
Sentencing: If the defendant is found guilty, a sentencing hearing will be held to determine the punishment. Sentencing guidelines help ensure consistency and fairness in penalties.

Legal representation is crucial at every stage to ensure that the defendant’s rights are protected and that they receive a fair trial.

The Criminal Justice Process in Missouri

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Common Defenses Against Criminal Charges

Defending against criminal charges in Missouri often involves various strategies that depend on the specifics of each case. Below, we outline some common defense strategies used in Missouri criminal cases.

Self-Defense: In cases involving violence, claiming self-defense can be effective. If we can show that the defendant was protecting themselves from an imminent threat, this defense may result in acquittal.

Lack of Intent: For charges that require intent, proving that the defendant did not have the necessary intent to commit the crime can be crucial. Without intent, some charges cannot stand.

Alibi: Providing proof that the defendant was elsewhere when the crime occurred can be a strong defense. This often involves eyewitness testimony or physical evidence like receipts or video footage.

The Role of a Missouri Criminal Defense Attorney

A criminal defense attorney is critical in protecting defendants’ rights and securing the best possible outcomes in their cases.

Case Evaluation: A thorough evaluation of the case helps identify weaknesses in the prosecution’s argument and build a strong defense.
Defense Strategy Development: Developing a tailored defense strategy is key to tackling the unique aspects of each case. This can involve negotiations for plea bargains or preparing for trial.
Courtroom Representation: Skilled courtroom representation ensures that the defendant’s rights are protected throughout the legal process. It is essential to have an experienced attorney who can effectively argue on behalf of the defendant.

The Law Offices of Brian J. Cooke offer comprehensive legal services to help defend against criminal charges. Our firm provides detailed case evaluations, develops robust defense strategies, and offers experienced courtroom representation. For more information, visit our St. Louis Criminal Defense Lawyer page to see how we can assist you.

Common Defenses Against Criminal Charges

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Contact Us Today For Skilled Legal Representation

Our team at The Law Offices of Brian J. Cooke has the experience you need to fight the charges against you. We are dedicated to providing clear, sound advice.

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Do not face legal challenges alone. Reach out to us for a consultation.

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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.