565.004. Joinder of offenses, exception — prior offenders, procedure, exception, first degree murder — joinder, first degree murder, waiver of death penalty.
Some homicide charges can be combined for trial, but there are limits
Missouri law allows multiple charges to be combined in one trial, but special rules apply to first degree murder and prior offenders.
1. If someone is charged with more than one crime, including homicide, those charges can be filed together in one case but listed separately. Normally, a first-degree murder charge can’t be tried with other crimes unless the law specifically allows it. If multiple homicide charges are filed together, the judge or jury must consider each charge and any related lesser offenses if asked.
2. If someone is accused of killing a specific person, prosecutors can include multiple possible charges in the same case—even if they’re not all homicide. They don’t have to pick just one to focus on before trial. This also doesn’t stop the state from trying other murder charges involving different victims if allowed under the law.
3. If the defendant is already a repeat offender under Missouri law, and the judge (not jury) is responsible for sentencing for crimes other than first-degree murder, then those crimes can be tried with the first-degree murder charge. The jury will still decide on the punishment for the murder charge, and the judge will handle sentencing for the others.
4. If prosecutors decide not to seek the death penalty for a first-degree murder charge, that murder charge can be tried along with other charges in the same case.
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