Class E Felonies Lawyer St. Charles County, MO

Common Felonies Committed in St. Charles

In 2025, the 11th Judicial Circuit Court saw more than 8,000 new criminal cases filed.

According to the St. Charles County Prosecuting Attorney’s Office, drug possession and domestic assault are among the most common felony cases prosecuted in St. Charles County.

Other common felony cases in St. Charles include:

• Stealing
• Burglary
• Vehicle-related offenses

In 2025, 404 aggravated assaults were reported in St. Charles County, 248 motor vehicle thefts, 188 theft from vehicles, 69 rapes, 22 robberies and four murders. Not all of these offenses are classified as Class E felonies. Depending on the charge, criminal history and circumstances of the alleged offense, you may face a Class A, B, C, D or E felony. At Combs Waterkotte, we understand how felony cases proceed through the 11th Judicial Circuit and can help you evaluate your charges, explore potential defenses and protect your rights throughout your case.

Class E Felony Penalties in Missouri

Under Missouri Revised Statutes § 558.011, the potential penalties for a Class E felony include:

• Prison Sentence: Up to four years of imprisonment.
• County Jail Sentence: The court may impose a special term of up to one year in county jail or another authorized penal institution.
• Probation: Depending on the offense and the circumstances, the court may impose probation, including through a suspended imposition of sentence or a suspended execution of sentence.
• Fines: A fine may be imposed under Missouri’s applicable sentencing laws, subject to statutory limits and exceptions.
• Restitution: The court may order restitution to compensate victims for qualifying financial losses.
• Additional Consequences: A conviction may affect employment opportunities, professional licenses, housing eligibility, firearm rights, and other civil privileges, depending on the offense and applicable law.

Class E Felony vs. Class D Felony in Missouri

Key differences between Class D and Class E felonies include:

• Maximum prison sentence: A Class D felony carries a maximum sentence of seven years, compared with four years for a Class E felony.
• County jail sentencing: For both classifications, a judge may impose a special term of up to one year in county jail or another authorized penal institution. A prison sentence exceeding one year requires commitment to the Missouri Department of Corrections.
• Parole eligibility: The percentage of a sentence a defendant must serve before becoming eligible for parole depends on the felony classification, the defendant’s criminal history, and the nature of the offense. Eligibility does not guarantee release.
• Probation: Depending on the offense, criminal history, and other applicable legal requirements, a defendant convicted of either classification may be eligible for probation.
• Long-term consequences: Both Class D and Class E felony convictions can have lasting consequences for employment, housing, professional licensing, and certain civil rights.

What Happens Immediately After a Class E Felony Arrest in St. Charles County?

If you are arrested on suspicion of a Class E felony in St. Charles County, Missouri, law enforcement may take you into custody under an arrest warrant or, when legally authorized, without a warrant based on probable cause. Depending on the circumstances, an arrest may follow a traffic stop, an alleged assault, or an investigation into suspected criminal activity.

After your arrest, you may be transported to a local detention facility for booking and processing. Your case will generally proceed through the Missouri 11th Judicial Circuit Court, which handles felony cases in St. Charles County.

If you are arrested without a warrant, Missouri law generally requires that you be released within 24 hours unless you are formally charged with a criminal offense and held under a warrant. The applicable procedures depend on the circumstances of your arrest and detention.

How St. Charles County Courts Handle Class E Felony Cases

If you are arrested on suspicion of a Class E felony in St. Charles County, Missouri, your case may proceed through several stages, depending on how the charges are filed and the circumstances of your arrest:

• Arrest and booking: Following an arrest, you may be transported to the St. Charles County Department of Corrections Adult Detention Facility for booking. Officers will record your identifying information, take your fingerprints and photograph, inventory your personal property, and advise you of the charges and bond amount, if one has been set.
• Initial court appearance and release conditions: You will appear before a judge, who may address the allegations, legal representation, and whether you can be released while your case is pending. The court may impose bond or other release conditions.
• Probable cause review and preliminary hearing: If the prosecution begins with a felony complaint, a preliminary hearing generally determines whether sufficient evidence supports proceeding with the felony case. The defendant may waive this hearing. A preliminary hearing is generally unnecessary when the case proceeds by grand jury indictment.
• Circuit Court arraignment: After the case proceeds to the Circuit Court, the defendant is formally informed of the charges and enters a plea. The court will explain the applicable procedures and address the next steps in the case.
• Further court proceedings: Depending on the case, additional court dates may be scheduled. The case may ultimately be resolved through a plea or proceed to trial if the charges are contested.
• Expungement eligibility: After the case is resolved, you may be able to petition for expungement of eligible criminal records. Eligibility depends on the specific offense, the outcome of the case, applicable waiting periods, and other statutory requirements. Not every Class E felony qualifies for expungement.

A St. Charles County criminal defense lawyer can help you understand the charges, protect your rights, and navigate the procedures that apply to your case.

Can a Class E Felony be Reduced or Dismissed in Missouri?

Yes, a Class E felony may be reduced, dismissed or expunged, depending on the circumstances surrounding your charge.

Options that may be available to you include:

• Plea Bargaining: A prosecutor may agree to reduce a Class E felony down to a Class A or lower misdemeanor.
• Suspended Imposition of Sentence (SIS): You may be able to enter a plea deal for an SIS, where you are placed on probation and your case is not a formal conviction on your public record.
• Diversion Programs: Local alternative or diversion programs may allow you to resolve or dismiss your lower-level felony charges upon completion of specific court-mandated conditions.
• Prosecutorial Dismissal: If the state’s evidence is weak, uncooperative witnesses come forward or constitutional violations occur, a prosecutor or judge may dismiss the charges entirely.
• Expungement: Generally eligible for expungement, under RSMo 610.140, Class E felony convictions require you to wait 3 years after completing your full sentence, probation or parole with no intervening convictions.

Legal Defenses Against Class E Felony Charges

Defenses that may apply to your case include:

• Self-Defense or Defense of Others: If you are charged with an offense such as third-degree assault, you may argue that you reasonably believed force was necessary to protect yourself or another person from the use or imminent use of unlawful force.
• Lack of Required Mental State: If the alleged offense requires proof that you acted knowingly, purposefully, or with criminal negligence, the prosecution must establish the required mental state. If the state cannot prove this element beyond a reasonable doubt, it may be unable to secure a conviction for the charged offense.
• Constitutional Violations: If law enforcement violated your constitutional rights through an unlawful search, an improper seizure, or a traffic stop that lacked the required legal justification, your attorney may be able to file a motion to suppress evidence obtained as a result of the violation.
• Mistaken Identity or False Accusations: If you were wrongly identified as the person who committed the alleged offense, your attorney may challenge eyewitness identifications, surveillance footage, or other evidence linking you to the crime.
• Insufficient Evidence: The prosecution must prove every element of the charged offense beyond a reasonable doubt. If the evidence is unreliable or fails to establish an essential element, the state may be unable to obtain a conviction.
• Alibi: If evidence establishes that you were somewhere else when the alleged crime occurred, it may undermine the prosecution’s case and support your defense.
• Duress or Necessity: In certain circumstances, evidence that you acted because of an imminent threat or to prevent a greater harm may support a defense. Whether either defense is available depends on the facts and applicable Missouri law.
• Consent: For certain offenses, evidence that the other person consented to the conduct may undermine an element of the charge. However, consent is not a defense to every criminal offense.
• Entrapment: If law enforcement improperly induced you to commit an offense under circumstances that satisfy Missouri’s legal requirements for entrapment, this defense may apply.

Can a Class E Felony be Expunged in Missouri?

Under RSMo Section 610.140, certain Class E felonies may be expunged as long as it is not a dangerous felony, such as a sex offense, assault, domestic assault or kidnapping.

Key factors to consider, when it comes to expungement, includes:

• Waiting period: You generally must wait at least three years after completing the authorized disposition imposed for the offense before filing a petition.
• No disqualifying convictions: During the three-year waiting period, you generally cannot be found guilty of another misdemeanor or felony, subject to statutory exceptions for certain traffic violations.
• Payment of financial obligations: You must satisfy all obligations associated with the disposition, including fines and restitution.
• No pending charges: You cannot have pending criminal charges when you file your petition.
• Public safety and the interests of justice: The court may consider whether your conduct demonstrates that you are not a threat to public safety and whether expungement is consistent with the public welfare and the interests of justice.
• Lifetime limits: Under § 610.140, a person generally may receive expungement for no more than two felony offenses and three qualifying misdemeanor offenses or ordinance violations during their lifetime.