Can a Felony Be Reduced to a Misdemeanor in Missouri? If you have been charged with a felony in Missouri, it is important to know that, in some cases, a felony can be reduced to a misdemeanor through plea negotiations. A felony charge requires swift and hard-hitting legal defense, however, in order to avoid the long-term consequences of a felony conviction upon your criminal record.
Call our Missouri criminal defense lawyers today at (314) 900-HELP or contact us online to schedule a free consultation.
What This Guide Covers
In this article, we explain:
- What constitutes a lower-level felony in Missouri
- How felonies can sometimes be reduced to misdemeanors
- How judges may allow shock probation instead of prison
- Which felonies may be eligible for expungement
Lower-Level Felonies in Missouri That Can Be Reduced
In Missouri, the least severe felonies—Class D felonies and Class E felonies—are the ones most likely to be reduced to misdemeanors.
Missouri law states that “It is a Class D felony if the maximum term of imprisonment exceeds four years but is less than ten years” and “It is a Class E felony if the maximum term of imprisonment is four years or less.”
Common lower-level felonies include:
- 3rd-degree assault
- Certain property damage offenses
- DWI (3rd or subsequent offense)
- Felony stealing
- Passing bad checks charges
- Resisting arrest
- Stalking
If reduced to a Class A misdemeanor, typical consequences for these offenses include fines up to $10,000 and up to one year in prison.
Why You May Want to Take a Plea Deal
When you are charged with a crime in Missouri, there are times when taking a plea deal may be the most advantageous option for you. With a plea deal, you are able to get a lighter sentence, which can include reduced or avoided jail time, and will obtain a quicker resolution to your criminal case. Additionally, in Missouri, you may be able to enter a plea deal that results in an SIS, where you plead guilty but avoid a formal conviction on your record, if you complete probation.
A knowledgeable Missouri criminal defense attorney can help you evaluate whether the prosecutor has strong evidence against you and if a plea deal may be a strategic move to minimize the long-term impact upon your life. It is important to keep in mind, however, that a plea deal involves waiving your right to a jury trial, admitting guilt and that a conviction can still affect your reputation and future employment opportunities. Our experienced legal defense team at Combs Waterkotte will inform you of your options, protect your rights and help you evaluate whether accepting a plea agreement or proceeding to trial is the best course of action for you.
How to Get a Felony Reduced to a Misdemeanor in Missouri?
If you are facing a felony charge, having a Missouri criminal defense attorney who knows how to negotiate can make the difference between a felony and a misdemeanor conviction.
For example, prosecutors may be willing to reduce a Class E felony to a Class A misdemeanor.
If you plead guilty to a lesser charge, prosecutors may consider dropping some charges. Additionally, other strategies we can employ include convincing the prosecution their case isn’t strong enough for a felony charge or recommending that you complete diversion programs as a satisfactory alternative. This allows the defendant to be held accountable without suffering the long-term negative consequences of a felony conviction.
Negotiating a successful plea bargain often involves:
- Reviewing all evidence
- Evaluating the strength of the case
- Proving mitigating circumstances
At Combs Waterkotte, our lawyers identify weaknesses in the prosecution’s case that may help you get your charge reduced. Because a felony conviction can affect employment, housing, professional licensing, and your constitutional rights, it is critical to retain legal representation immediately.
Other Ways a Missouri Criminal Defense Attorney Can Help
Even if your felony is not eligible for reduction, a skilled attorney can help protect your freedom and minimize long-term consequences.
Alternatives may include:
Shock Probation Instead of Prison
Judges may allow non-violent felony offenders to serve a short-term shock incarceration program
—typically 120 days—followed by probation.
- As mentioned above, successful completion can be followed with probation rather than a full prison sentence
- If the program is not completed successfully, the original sentence may still be required
Expunging Your Felony from Your Record
Missouri allows expungement of up to two eligible felonies after the sentence is completed. Eligibility requirements include:
- Payment of all fines and restitution
- 3–7 years passing since sentence completion
- No new criminal charges during that time
Examples of eligible offenses for expungement include certain drug, theft, and property crimes. Ineligible offenses include kidnapping, sex crimes, and offenses involving death.
Once expunged, you may state that you have not been convicted of a felony on most job and housing applications. While the record is sealed from public view, law enforcement can still access it.
Find Out if Your Missouri Felony Can Be Reduced – Speak with a Defense Lawyer Today
If you are concerned about your criminal record and future, now is the time to act. Combs Waterkotte has over 60 years of combined experience protecting clients’ rights and crafting effective defense strategies.
Call (314) 900-HELP today or contact us online to schedule a free consultation with a knowledgeable Missouri criminal defense attorney.
