Prior and Persistent Offenders in Missouri
While Missouri doesn’t have a three-strikes law, it does harshly penalize prior and persistent offenders–those with prior felony convictions.
Under Missouri law, prior felony convictions can be used to enhance your sentence under the Prior, Persistent, and Dangerous Offender Statute, RSMo Section 558.016. These sentencing enhancements harshly penalize those with a past criminal record.
Accordingly, if you are facing new charges and already have a record, it is essential to hire a skilled St. Louis Criminal Defense Lawyer who can fight to minimize the consequences you face as a prior and persistent offender.
St. Louis Criminal defense attorney Brian J. Cooke, has extensive experience navigating Missouri’s sentencing laws and will fight to obtain the lowest sentence possible.
The Legal Criteria for Prior Offender Status in Missouri
Under Title XXXVIII Crimes and Punishment Peace Officers and Public Defenders (effective 28 Aug 2024), a person qualifies as a “prior offender” with one previous felony committed in Missouri or another jurisdiction.
The “persistent offender” classification requires two or more felonies committed at different times.
The law makes critical distinctions in the finding of prior criminal history based on whether offenses involved violence. Particularly stringent are cases where defendants knowingly murdered or endangered victims or threatened to inflict serious physical harm. The specific sentencing enhancement provision applies differently to a “persistent misdemeanor offender” than to someone classified as a “dangerous offender.”
When a person is categorized as prior and persistent, the judge has authority beyond the normally authorized term of imprisonment. For someone guilty of a class B offense with a qualifying history, the sentencing enhancement provision applies, allowing judges to impose sentences that would typically require a jury finding if not for the prior and persistent offender status.
What is the Legal Definition of a Prior and Persistent Offender in Missouri?
A Prior Offender and Penalties
Under Missouri law, a “prior offender” is defined as one who has been found guilty of one felony. Being a prior offender generally does not increase the range of punishment. However, having a prior felony conviction prevents you from being eligible for jury sentencing after trial on any subsequent felony. Accordingly, if you are a prior offender, the judge will determine your sentence.
This is significant because, in many cases, juries may be more lenient than judges in sentencing. Furthermore, because sentencing is left up to the judge, jurors will not be allowed to consider or even know the possible consequences to the defendant. In our experience, jurors are more likely to convict if they aren’t aware of the possible consequences to the defendant.
A Prior and Persistent Offender and Potential Sentences
A “prior and persistent offender” is one who has been found guilty of two or more felonies at different times. This means that the felonies must have resulted from different acts on different occasions. The Statute requires the Court to sentence a person, who has been found to be a prior and persistent offender, and is found guilty of a class B, C, D, or E felony to the authorized term of imprisonment for the offense that is one class higher than the offense for which the person is found guilty.
For example, if you are charged with Assault Second Degree, normally a class D felony, you would face a range of punishment of up to 7 years in prison. However, if you have two felony priors, you could be sentenced to the range of punishment for a class C felony, 3 to 10 years in prison. A “dangerous offender” is one 1) who is being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and 2) has been found guilty of a class A or B felony or a dangerous felony.
As with a prior and persistent offender, the Court is required to sentence the person to a felony that is one class of felony higher than the offense for which the person is found guilty.
How Prior Convictions Impact Sentencing in Missouri
Missouri’s prior and persistent offender law significantly alters sentencing outcomes for defendants with prior criminal conduct. When a defendant is a prior offender, judges gain expanded authority to impose extended terms for prior criminal history.
Unlike the federal “three strikes law,” Missouri’s system creates a tiered approach where the court may sentence a person to a class higher than the original charge based on their history. For individuals found guilty of two or more previous felonies, the impact can be substantial—often elevating a class C felony to a more severe category with a longer authorized term of imprisonment.
During a sentencing hearing, prosecutors must establish a prior finding of guilt through certified records or cross-examination. When the statute governing the offense the person was found guilty of contains a sentencing enhancement provision, this creates a framework where a judge may sentence a person to substantially increased penalties, especially in cases involving dangerous felony convictions or offenses where the defendant knowingly inflicted or attempted to cause serious physical injury.
Legal Defenses to Prior and Persistent Offender Status
The prior and persistent offender sentencing enhancements are not automatic. The prosecuting attorney must prove the prior felony convictions prior to the trial. This is generally done on the indictment or information and with certified copies of the prior convictions.
The court will then review the evidence of prior convictions and determine whether or not the defendant is a prior and persistent offender under Missouri law. The prior felony convictions must be from separate incidents and must have occurred prior to the commission of the current offense.
The prior felony convictions can be from other states. In many cases, it is possible to plea bargain the prior and persistent offender status down. For instance, as part of the plea agreement, the prosecutor will agree to drop the prior and persistent offender status and allow the defendant to plead the normal range of punishment for which he or she is charged.
If you or a loved one is facing a criminal charge as a prior and persistent offender, please do not hesitate to contact Brian J. Cooke today to discuss your options.
