Armed Criminal Action Lawyer Kansas City, Missouri

What Is Armed Criminal Action in Missouri?

States take a few approaches to imposing harsher punishments on armed criminals. Some consider using or possessing a weapon while committing a crime to be an aggravating factor during sentencing. Others allow prosecutors to add a weapons enhancement to a standard felony charge.

Missouri is somewhat unusual because it has a separate offense called “armed criminal action.” Prosecutors can bring this charge when they allege that the defendant was armed during the commission of an underlying felony charge. As such, it’s entirely dependent on the accompanying felony charge.

A defendant can’t be convicted of armed criminal action without being convicted of a base felony. However, they can be acquitted of the additional charge even if they’re convicted of the underlying felony if the jury believes the prosecution failed to prove the necessary elements of the charge.

So while armed criminal action is a separate charge, it can’t stand alone. The prosecution must prove the underlying felony plus the deadly weapon element to obtain a conviction.

Missouri Statutes Covering Armed Criminal Action and Related Offenses

Missouri’s armed criminal action statute appears in the chapter outlining weapons offenses. A related statute defining the offense of unlawful use of weapons also appears in this chapter.

Armed Criminal Action

This crime occurs when someone commits a felony with the “use, assistance, or aid” of a deadly weapon or dangerous instrument. Dangerous instruments include any article or substance that can readily cause serious injury or death. For example, poisons, gasoline, and even motor vehicles can qualify as dangerous instruments.

The statutes define “deadly weapon” narrowly. This term only encompasses the following weapons:

• Loaded or unloaded firearms
• Projectile weapons capable of causing death or serious physical injury
• Switchblade knives
• Daggers
• Billy clubs
• Blackjacks
• Metal knuckles

These terms are relatively self-explanatory, with the possible exception of “blackjack.” This term is used to describe a compact metal weight, often wrapped in leather. Such implements are used by striking the head to render the victim unconscious.

The statute doesn’t elaborate on the terms “use,” “assistance,” or “aid.” From the plain meaning of these words, however, the law contemplates more than merely carrying the weapon.

On the other hand, the terms “assistance” and “aid” are very broad. Someone doesn’t necessarily need to shoot, stab, or club another person to face additional charges. It may be enough to threaten the victim with a weapon, brandish it, or even state that you have it and indicate where it’s being concealed.

Because armed criminal action depends on an underlying felony, such as assault, the police will usually focus first on the base offense, then add this charge if a deadly weapon or dangerous instrument was involved. For example, threatening someone with a switchblade could result in two or more separate charges being brought.

Unlawful Possession of Weapons

Missouri imposes mandatory minimum sentences if the weapon used to commit a felony was an unlawfully possessed firearm. Under Missouri law, the following people cannot possess firearms:

• Convicted felons
• Fugitives
• Anyone habitually incapacitated due to drugs or alcohol
• Anyone deemed mentally incompetent by a court

This weapons charge can also constitute a separate offense. Unlawful possession of a firearm is a class C felony. However, prosecutors can increase the offense level when the defendant has a prior felony conviction for a violent crime.

Suppose that the accused allegedly committed rape while brandishing a firearm. On top of that, they have a prior felony conviction. In this instance, prosecutors could file charges for first-degree rape, armed criminal action, and unlawful possession of a firearm.

Defenses Against Armed Criminal Action Charges in Kansas City, MO

A skilled attorney can devise a compelling criminal defense strategy for your particular situation. Any of the following defenses may apply, depending on the circumstances of your case.

No Underlying Felony

One of the most effective defenses is to defeat the underlying felony charge, as doing so renders any additional related charges moot. That said, you could still face charges for unlawful possession if you’ve lost your firearm rights.

For example, imagine that you were accused of manslaughter using a firearm. You also have a felony criminal record. You might overcome the manslaughter and enhanced weapons charges by asserting self-defense. However, you might still be convicted for unlawful possession of a firearm.

Lack of Knowledge

The armed criminal action statute makes it clear that the weapon must facilitate the felony in some way. This implies that you must know about and deliberately use the weapon while committing the felony.

However, there are scenarios where you might lack the necessary intent.

For example, you might be charged because you participated in a burglary with someone else who had a weapon. In this case, it may be possible to overcome the armed criminal action charge by proving you weren’t aware that your co-conspirator was armed and, therefore, you never intended to use a weapon to facilitate the burglary.

No Connection Between the Weapon and the Felony

Prosecutors must establish a clear link between the weapon and the underlying felony. That means they must prove that you did more than just possess the weapon. If the weapon sat unused in your pocket during the felony act, prosecutors can’t prove that it assisted or aided in its commission.