ARMED CRIMINAL ACTION Lawyer in ST. CHARLES COUNTY, MO
Hire the leading armed criminal action law firm in St. Charles County to protect your freedom, rights, and future. Whether you have been charged with a crime or arrested, we can help.
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Armed Criminal Action Lawyer st. charles county, MO
In Missouri, armed criminal action can substantially increase the prison time associated with an underlying felony. RSMo 571.015 defines armed criminal action as “committing any felony through the knowing use, assistance, or aid of a dangerous instrument or deadly weapon.”
You need a hard-hitting St. Charles County criminal defense lawyer in your corner who will examine the evidence, challenge the allegations and fight to uphold your freedom. At Combs Waterkotte, we know how to defend our clients against these types of charges. Call (314) 900-HELP or contact us online for a free, confidential consultation today.
I owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
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If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
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I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
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My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
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If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
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I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
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I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
Verify onI owe my life to Combs Waterkotte. If not for them, I would be spending the rest of my life behind bars. There is no amount of words that can explain what they did for me and my family. Its the highest recommendation that I can give.
Alexander B.
Felonies
If I could give Steve and his team 10 stars I would in a heartbeat. Was facing more then one felony charge and after these guys found the arresting officer violated my 4th Amendment Rights and those charges were dismissed. My family and I can't thank you enough.
Dean J
Felonies
I was hands down guilty. ON VIDEO !!! In a smaller town, and a job dealing with the public, this was devastating. I made one phone call and spoke for maybe 15 minutes. I DIDN'T appear in court. I am extremely impressed. QUIETLY relieved of the matter!
Y.I.V.
Theft
My fiance had a felony drug charge and Combs Waterkotte got it dismissed! There were no fines, court cost, nothing. Chris is loyal, professional, knowledgeable, and a man of his word. We are forever grateful for you.
Kimberly T.
Drug Crimes
If I was found guilty, it would have been over 100 years in prison. They promised me that they would fight like hell and get me out of it. After everything was done, I just felt free. Like this wasn’t gonna end with me rotting away in a prison cell. I felt like I could start my life and have a fresh start.
Caleb
Assault 1st, Armed Criminal Action
I was facing, probably 18 years… I actually got 5 years probation and 40 hours of community service. Without Combs Waterkotte’s help, I don’t think my family could have made it without me. It was just a written book to where it's a perfect ending.
Chris
Unlawful Use of a Weapon, Armed Criminal Action
I went through what was supposed to be one of the top law firms in St. Louis. They said I wouldn't have no chance. I end up firing the other lawyer and everything and going with Chris. I felt like Combs Waterkotte actually did something for me and wasn't I wasn't just another number on somebody's desk.
Willy
DWI/DUI
What Is Armed Criminal Action in Missouri?
Armed criminal action (ACA) is typically charged alongside another felony, when prosecutors allege that a deadly weapon or dangerous instrument was knowingly used to commit that offense. This results in an additional criminal charge based on the alleged use of a weapon during the commission of that felony.
Charged with armed criminal action in St. Charles County, Missouri? Contact Combs Waterkotte online or call us right away at (314) 900-HELP.
What Does the Prosecutor Have to Prove for Armed Criminal Action?
A prosecutor must prove beyond a reasonable doubt that the defendant committed an underlying felony while knowingly possessing, displaying or using a deadly weapon or dangerous instrument.
The core elements that will have to be established include:
- The Underlying Felony: That the defendant committed, or attempted to commit, a qualifying Missouri felony.
- The Presence of a Weapon: That the defendant was knowingly armed with, displayed or used a deadly weapon (such as a firearm, switchblade or dagger) or a dangerous instrument (such as a bat, vehicle or any object capable of causing death or serious injury).
- The Active Facilitation and Intent: That the weapon played an active role in “by, with, or through” facilitating the commission of the crime.
- The Culpable Mental State: That the defendant acted purposefully, knowingly or recklessly.
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What Qualifies as a Deadly Weapon or Dangerous Instrument?
A deadly weapon is recognized by Missouri law as a weapon capable of causing death or serious physical injury.
This includes:
- Firearms, whether loaded or unloaded
- Switchblade knives
- Daggers
- Billies or blackjacks
- Metal knuckles
A dangerous instrument, however, can be an ordinary object capable of causing death or serious physical injury.
This includes:
- Baseball bats
- Vehicles
- Hammers
- Crowbars
- Large wrenches
- Glass bottles
- Other objects capable of causing death/serious physical injury
The presence of a dangerous instrument does not necessarily establish armed criminal action. The prosecution will have to connect the qualifying weapon or instrument to the commission of the underlying felony.
What Felonies Can Lead to an Armed Criminal Action Charge?
Armed criminal action may be charged in connection with a Missouri felony when prosecutors allege that the offense was committed by, with or through the use, assistance or aid of a dangerous instrument or deadly weapon.
Examples of felonies where prosecutors may file an ACA charge alongside these violent crimes include:
- Murder/Homicide: Shooting or stabbing another person during the commission of first- or second-degree murder.
- Voluntary Manslaughter: Causing another person’s death with a knife or firearm under circumstances supporting a voluntary manslaughter charge.
- Assault: Shooting someone, stabbing them with a knife or striking them with an object such as a tire iron during a first- or second-degree assault.
- Robbery: Pointing a handgun at a store employee and demanding money or using a knife to force someone to surrender property.
- Kidnapping: Holding someone at gunpoint while forcing the person into a vehicle or preventing them from leaving a location.
- Burglary: Entering or remaining unlawfully in a home or other structure while armed with a firearm that is used or available to overcome resistance during the burglary.
- Rape/Sexual Offenses: Using or threatening a victim with a firearm, knife or other dangerous instrument to facilitate a qualifying felony sexual offense.
- Drug Distribution or Trafficking: Brandishing or using a firearm during a felony drug transaction to intimidate another person, enforce the transaction or otherwise assist in carrying out the drug offense.
- Felony Offenses Involving a Vehicle: Intentionally using a vehicle as a dangerous instrument to strike or attempt to seriously injure another person during the commission of a felony.
- Unlawful Use of a Weapon: Firing a gun at another person, vehicle, or occupied structure under circumstances that constitute a felony unlawful-use-of-weapons offense and support a separate allegation that the firearm aided in committing that felony.
Armed Criminal Action and Violent Felonies in St. Charles County
Armed criminal action charges can arise from a number of serious felony investigations throughout St. Charles County.
In 2025, law enforcement agencies countywide reported 404 aggravated assaults and 22 robberies. St. Charles City reported 108 aggravated assaults and nine robberies, while St. Peters reported 83 aggravated assaults and seven robberies, O’Fallon reported 63 aggravated assaults and two robberies, and Wentzville reported 44 aggravated assaults and four robberies.
These statistics do not mean that every reported assault or robbery involved a weapon or resulted in an armed criminal action charge. However, offenses such as assault and robbery are among the types of underlying felonies that can potentially lead to an additional ACA charge when prosecutors allege that a deadly weapon or dangerous instrument was used, assisted or aided in committing the offense.
Armed Criminal Action and the Underlying Felony As Separate Charges
An ACA charge does not replace the felony it is connected to. Instead, a defendant is charged with and convicted of both the underlying felony and armed criminal action arising from the same conduct.
For example, if you are accused of committing first-degree assault involving a firearm, you can face a first-degree assault charge as well as a separate armed criminal action charge.
Each offense carries its own punishment and Missouri law requires the sentence imposed for armed criminal action to be served in addition to and consecutively to the punishment for the underlying felony. In other words, the ACA sentence does not run at the same time as the sentence for the accompanying offense. This substantially increases the total amount of prison time you are facing, if you are convicted of both offenses.
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Penalties for Armed Criminal Action in Missouri
Armed criminal action is an unclassified felony in Missouri and the penalties become increasingly severe based on prior ACA convictions and whether a firearm was unlawfully possessed. These penalties apply to the armed criminal action conviction itself, in addition to the punishment imposed for the underlying felony.
First Offense:
- Standard term: 3-15 years in prison
- Unlawful firearm possession: Minimum of 5 years
- No probation or parole for the first three calendar years
Second Offense:
- Standard term: 5-30 years in prison
- Unlawful firearm possession: Minimum of 15 years
- No probation or parole for the first five calendar years
Third or Subsequent Offense:
- Standard term: Minimum of 10 years in prison
- Unlawful firearm possession: Minimum of 15 years
- No probation or parole for the first 10 calendar years
Evidence Used in St. Charles County Armed Criminal Action Cases
In order to be convicted of an ACA charge, the prosecution will have to show that you “knowingly, purposefully or recklessly” used or displayed a deadly weapon or dangerous instrument.
Evidence that may be used to prove an ACA charge includes:
- Physical Evidence: The actual weapon or dangerous instrument involved, along with ballistics reports, bullet casings, fingerprints and DNA recovered from the scene or the weapon.
- Digital and Surveillance Evidence: This includes security camera or dashcam footage, cell phone location data, text messages, or photographs showing the weapon or placing the defendant at the scene with the weapon.
- Testimonial Evidence: Eyewitness accounts from victims or bystanders, statements or confessions made by the defendant, and testimony from law enforcement officers or expert witnesses.
- Underlying Felony Evidence: Proof establishing the commission of the primary crime itself (such as robbery, assault or drug trafficking records), because an ACA charge cannot stand without a qualifying underlying felony.
Defenses to Armed Criminal Action Charges in St. Charles County
The defense strategy for you will depend upon the facts surrounding your case, the underlying felony and the prosecution’s evidence against you. For a personalized defense strategy, it is recommended that you reach out to a St. Charles County criminal defense attorney immediately.
Potential defenses may include:
| Challenging the Elements of Armed Criminal Action | Other Defenses and Constitutional Challenges |
| Defeating the Underlying Felony: If your main felony charge is beaten or reduced, the ACA charge fails as well. Lack of Weapon Use: If the prosecution cannot prove that you used a deadly weapon/ dangerous instrument to commit or facilitate the underlying felony. Lack of Intent (Culpable Mental State): If it can be shown you didn’t have a purposeful, knowing or reckless state of mind. The Object Doesn’t Qualify as a Dangerous Instrument: An ordinary object cannot be categorized as a “dangerous instrument” without sufficient evidence. | Self-Defense or Defense of Others: If you used a deadly weapon to lawfully protect yourself or another person, it is justified. Constitutional Violations: If police found the weapon through an illegal search or bad traffic stop, this evidence can be suppressed. Mistaken Identity or Alibi: If it can be shown that you aren’t the person who committed the underlying felony or who used the alleged weapon. Insufficient Connection Between the Weapon and the Felony: The felony has to have been committed “by, with, or through the use, assistance, or aid” of the deadly weapon/dangerous instrument. |
How an Armed Criminal Action Case Begins in St. Charles County
An ACA case in St. Charles County may begin with an investigation by St. Charles County Police or a municipal law enforcement agency such as the St. Charles City, O’Fallon, St. Peters, Wentzville or Lake St. Louis police departments. According to the St. Charles County Prosecuting Attorney’s Office, law enforcement may submit a warrant application, police report and probable cause statement when seeking state criminal charges.
The Prosecuting Attorney’s Office then reviews the evidence and determines what charges, if any, should be filed. The St. Charles County Prosecuting Attorney is the county authority responsible for prosecuting violations of Missouri criminal law, making this local charging process particularly important in serious felony and armed criminal action cases.
What to Do If You are Charged with Armed Criminal Action in St. Charles County
If you are charged with armed criminal action in St. Charles County, it is important that you take the following steps immediately:
- Invoke your right to remain silent: Do not answer questions about the allegations without your attorney present.
- Hire a criminal defense lawyer: Your lawyer can begin reviewing the underlying felony, alleged weapon, police conduct and prosecution evidence.
- Comply with all court and bond conditions: Follow any restrictions involving travel, firearms, electronic monitoring or contact with other people.
- Avoid contact with alleged victims or witnesses: Do not call, text, message or attempt to influence anyone involved in the case, particularly if a no-contact order is in place.
- Do not discuss your case on social media: Posts, messages, photos and comments may become evidence.
- Preserve potential evidence: Keep relevant texts, videos, photographs, receipts, location records, and other information that may help establish what happened.
- Write down what you remember: Create a private timeline for your attorney while events are still fresh in your memory.
- Attend every court appearance: Missing a required hearing can create additional legal problems and may affect your release conditions.
Call our St. Charles County Armed Criminal Action Lawyers Today
When serious charges and prison sentences are stacking up, you need a criminal defense lawyer you can count on. At Combs Waterkotte, we have 100+ years of combined legal experience and we don’t stop until we have done everything possible to protect our clients’ innocence and future.
We are prepared to examine the underlying felony, the alleged weapon, police conduct and the prosecution’s evidence to identify weaknesses in the case and build the strongest defense possible. We understand how serious felony cases move through the St. Charles County criminal justice system and what is at stake when an armed criminal action charge is added to another offense.
Call (314) 900-HELP or request a free, confidential consultation online to discuss your ACA case and start protecting your rights today.
Resources
For more information about armed criminal action defense in Missouri, call Combs Waterkotte at (314) 900-HELP or contact us online for a confidential consultation.
Missouri Armed Criminal Action Statute
Missouri Definitions of Deadly Weapons
St. Charles County Criminal Defense
St. Charles County Prosecuting Attorney
St. Charles County Police Department
Missouri Unlawful Use of a Weapon
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