565.079. Prior and persistent assault offenders — definitions — sentencing — procedure at trial — evidence of prior convictions, proof, how heard — sentencing.
Stricter rules and sentences apply to repeat assault offenders
If someone has past assault convictions, Missouri law requires tougher sentencing and special trial procedures. Repeat offenders face longer prison terms with no early release.
1. As used in this section, the following terms mean:
- (1) “Assault offense” includes various degrees of assault and domestic assault, murder, manslaughter, attempts of those crimes, or similar crimes in other states.
- (2) “Persistent assault offender” means someone found guilty of two or more assault offenses within ten years of the current charge.
- (3) “Prior assault offender” means someone found guilty of one assault offense within five years of the current charge.
2. Prior or persistent assault offenders cannot receive suspended sentences or fines instead of prison. They also cannot get parole or probation until they’ve served at least six months.
3. The court must find someone to be a prior or persistent assault offender if all the following are true:
- (1) The charge includes all necessary facts;
- (2) The state presents enough evidence to prove it beyond a reasonable doubt; and
- (3) The court makes official findings supporting that conclusion.
4. In a jury trial, these facts are handled before the jury hears the case and are not shared with the jury.
5. In a non-jury trial or plea, the court can wait to hear proof of past offenses until just before sentencing.
6. The defendant has full rights to confront and cross-examine witnesses and to present evidence.
7. The defendant may waive the need for proof of prior offenses.
8. Pre-sentence reports can still be used.
9. At sentencing, both sides can present more information about the punishment.
10. Prior convictions must have occurred before the current offense.
11. In these cases, the jury is not told about punishment ranges or allowed to decide sentencing.
12. Prior convictions are reviewed by the judge before the case goes to the jury. This includes checking criminal records through the Missouri State Highway Patrol database. The judge then makes official findings.
13. If someone is a prior assault offender and found guilty of a class B, C, or D felony under this chapter, they must be sentenced as if the crime were one class level higher.
14. If someone is a persistent assault offender and found guilty of a class C or D felony, they must be sentenced as if the crime were two classes higher. If guilty of a class B felony, they are sentenced as if it were a class A felony.
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