Felonies Lawyer in Kansas City, Missouri

What Are Felonies in Missouri?

The American legal system divides offenses into three broad categories.

Infractions are the most minor offenses. In fact, they’re so minor that Missouri doesn’t even categorize infractions as criminal. This category includes many traffic and property code violations. Someone who commits an infraction may receive a citation and pay a fine or a civil penalty, but they won’t face jail time.

Misdemeanors are higher-level offenses. Those who are convicted of misdemeanors may be sentenced to time in prison. However, the maximum term of imprisonment for misdemeanors is one year or less.

Felonies are the most serious criminal offenses. The dividing line between misdemeanors and felonies is that felonies are punishable by terms of imprisonment longer than one year or by death. Currently, first-degree murder is the only offense in Missouri for which the death penalty may be imposed.

Classes of Missouri Felonies

Missouri further divides individual offenses into five felony classes, A through E. Although all felonies are serious crimes, these classes distinguish those that carry the harshest punishments from those with lesser punishments.

Class A felonies typically come with the longest prison sentences, including life imprisonment. At the other end of the spectrum, Class E felonies often come with the shortest sentences.

Degrees of Felony Offenses Under Missouri Law

To complicate matters even further, many felony offenses are subdivided into degrees. The degree of an offense denotes the severity of a particular type of offense.

For example, first-degree assault occurs when the defendant attempts to kill, knowingly causes serious physical injury, or attempts to cause serious physical injury. First-degree assault can be either a Class A or Class B felony.

On the other hand, fourth-degree assault might only involve threats or offensive or harmful touching without serious injury. This offense is a misdemeanor rather than a felony.

Felony Offenses in the Missouri Revised Statutes

In Missouri, many crimes can be charged as felony offenses, including the higher degree offenses within any category. For example, stealing can range from a misdemeanor to a Class A felony, depending on the nature and value of the stolen property.

Some or all of the offenses in the following categories may be charged as felonies.

Murder

Murder occurs when someone knowingly kills another person. It can also happen when someone dies during the commission of a separate felony.

For instance, someone may be charged with second-degree murder if they accidentally killed the victim during a kidnapping. Even though the death was accidental, the defendant still committed murder under Missouri law.

Manslaughter

Manslaughter can happen in two situations. Voluntary manslaughter occurs when someone deliberately kills another person under the influence of sudden passion in response to an adequate provocation. Although the victim died, this offense is punished less severely than murder due to the nature of the act.

Involuntary manslaughter is used to prosecute unintentional killings. First-degree involuntary manslaughter happens when someone kills another person due to recklessness, while second-degree involuntary manslaughter covers criminally negligent homicide. Both offenses are felonies.

Robbery

Robbery is forcible stealing. The distinction between robbery and theft is that robbery involves the use of violence or threats to take the victim’s property.

Robbery is divided into two degrees that depend on the victim’s injuries and whether a weapon was used. First-degree robbery is a Class A felony, while second-degree robbery is a Class B felony.

Burglary

Burglary occurs when someone unlawfully enters another person’s property to commit a theft or a felony. Because of the breadth of this definition, burglary might occur when someone enters an individual’s home with the intent to commit murder, assault, rape, or theft. Both first- and second-degree burglary are felonies.

Rape and Sodomy

Many sex crimes are classified as felonies, including:

• First- and second-degree rape
• First- and second-degree sodomy
• First- and second-degree statutory rape
• First- and second-degree statutory sodomy

These crimes involve sexual intercourse or other forms of sexual penetration with a victim who is coerced with force or threats, incapacitated, or underaged.

Assault

Assault charges may be brought when the defendant allegedly used non-lethal force or threats against someone else. In Missouri, it’s divided into four degrees. First-, second-, and third-degree assault are felonies, while fourth-degree assault is a misdemeanor.

As a result, one possible strategy in felony assault cases is to seek a plea bargain in which the prosecution reduces the charge to fourth-degree assault. This deal allows the accused to avoid a felony conviction while still accepting responsibility for their actions.

Defenses Against Felony Charges in Kansas City, MO

There’s no single criminal defense strategy for defending against felony charges. Instead, your criminal defense attorney will construct a strategy for your particular situation. Here are some of the potential defenses that may apply to your case.

Alibi

An alibi consists of evidence (such as photos, videos, or eyewitness testimony) that proves you couldn’t have committed the offense. In many cases, an alibi shows that the defendant wasn’t present when the alleged crime took place. An alibi might also demonstrate that you didn’t commit any criminal acts, even if you were present.

Consent

Criminal defense lawyers might invoke consent to overcome many felony charges, including assault, rape, and sodomy. However, consent isn’t a valid defense to all felonies. For example, it doesn’t hold any weight in statutory rape cases.

Lack of Intent

Most felony crimes require prosecutors to prove a specific state of mind, such as “knowingly” or “purposely.” If your actions were accidental or performed because of a reasonable mistake, you might have a viable lack of intent defense.

Self-Defense

The accused may claim self-defense to challenge murder, manslaughter, and assault charges. Missouri law allows you to use force to stop or prevent an imminent use of unlawful force against you or others.

Possible Penalties Upon Conviction for Felonies in Kansas City

A felony conviction in Missouri can result in a lengthy prison sentence and large fines. For Class D and E felonies, the court has the option to sentence the defendant to jail for up to one year instead of sending them to prison. Incarceration for Class A, B, or C felonies occurs in the state prison system.

Meanwhile, judges have the option to suspend some or all of a felony prison sentence. The court can also place the defendant on probation or order that some or all of their sentence be served on house arrest.

Eligibility for probation comes down to the nature of the offense. The following offenses are ineligible for probation and carry a mandatory term of imprisonment:

• Second-degree murder committed intentionally
• Dangerous felony committed by someone with a prior Class A, Class B, or dangerous felony conviction
• Dangerous felony committed using a deadly weapon
• Dangerous felony against on-duty police officers, firefighters, and EMSs

If the judge orders imprisonment, the sentence generally includes time in prison and a conditional release. The convicted serves the first portion of the sentence in prison. They then become eligible for conditional release to serve the remainder of the term on parole.

For example, someone sentenced to a term of nine years or less would be eligible to serve up to one-third of their sentence on conditional release.

Some defendants are ineligible for conditional release. They include those serving terms of life without the possibility of parole, those convicted of dangerous felonies, and those serving their fourth prison sentence.