Class A Felonies Lawyer Kansas City, MO

Class A Felonies in the Missouri Revised Statutes

Many of the most serious offenses in the Missouri Revised Statutes are categorized as Class A felonies. Someone convicted of repeat offenses could also be sentenced as a Class A felon simply based on their prior record.

The following offenses are classified as Class A felonies in Missouri.

Violent Crimes

State law defines many violent crimes as Class A felonies. Generally, violent crimes involve the use of force or threats to accomplish the prohibited outcome. Violent crimes classified as Class A felonies include:

• First-degree murder
• Second-degree murder
• First-degree kidnapping (in most circumstances)

First-degree assault and first-degree domestic assault may be charged as either Class A or Class B felonies. These offenses are normally charged as Class B felonies but may be elevated to Class A when the alleged victim suffers great bodily harm or is a “special victim.”

“Great bodily harm” refers to an injury that has a high probability of death. It also includes injuries that result in permanent or protracted functional loss of a body part or organ.

Special victims, meanwhile, include the following:

• On-duty police officers, EMTs, firefighters, corrections officers, and probation officers
• Elderly adults
• Disabled individuals
• Vulnerable people in the care or custody of the state’s Department of Mental Health
• Highway, utility, cable, and mass-transit workers performing their job duties

Notably, these enhancements are separate. As such, you don’t need to cause great bodily harm to a special victim to face A-level penalties — an unsuccessful attempt to harm a police officer, elderly person, or other special victim could give prosecutors the legal grounds to elevate the offense.

Sex Offenses

In Missouri, the most serious sex offenses are Class A felonies, including:

• First-degree rape
• First-degree sodomy
• First-degree statutory rape
• First-degree statutory sodomy
• First-degree child molestation

Sentencing for these sex crimes generally includes a prison term of 10 to 30 years. However, persistent sexual offenders must be sentenced to life without parole, while predatory sexual offenders must be sentenced to life with the possibility of parole.

Property Crimes

First-degree robbery and some forms of first-degree arson may be charged as Class A felonies. Interestingly, the law makes it explicit that stealing anhydrous ammonia in storage tanks, tank trucks, or tank trailers is a Class A felony.

Drug Offenses

Major drug offenses, such as first-degree drug trafficking, may be charged as Class A. However, the offense level depends on the type and amount of the substance involved.

If the trafficking involved small amounts of marijuana, it would typically be charged at a lower level. In contrast, even a tiny amount of LSD or fentanyl could trigger A-level penalties.

Repeat-Offender Enhancements

Missouri has several repeat-offender enhancements that can elevate a Class B or Class C felony to a Class A felony. These enhancements can be applied to any of the following:

• Persistent offender with two or more prior felonies or at least one prior dangerous felony
• Dangerous offender with a prior Class A, Class B, or dangerous felony
• Prior assault offender with a prior assault within five years of the current offense
• Persistent assault offender with two or more assaults within 10 years of the current offense
• Persistent drug offender with two or more prior felony drug offenses

Persistent, dangerous, and prior assault offenders are sentenced at one level higher than their current felony charge. For instance, a Class B felony would be sentenced as if it were a Class A felony.

Persistent assault offenders and persistent drug offenders are sentenced at two levels higher than the current felony charge. Under this rule, either a Class C or Class B felony could be sentenced as if it were a Class A felony.

Defenses Against Class A Felonies in Kansas City, MO

The defenses available against a Class A felony charge depend on the specific offense in question. The strategy your criminal defense lawyer develops for your case may incorporate any of the following defenses.

Self-Defense and Defense of Others

Missouri’s self-defense statute allows you to use force, including deadly force, when necessary to protect yourself or others from the imminent use of unlawful force.

This law is based on the potential victim’s reasonable belief at the time of the incident. If you reasonably believed that the other person was about to commit an assault or homicide, you may use the amount of force necessary to stop them.

Consent

Consent is a common defense to sex offenses. Generally, sex acts are criminal when the other person hasn’t consented or cannot give consent. For example, someone who is intoxicated or underage cannot consent. Similarly, someone who is forced into a sex act hasn’t consented.

Conversely, you may have a defense against charges of rape or sodomy if the other person consented through their words or actions. This defense may even apply if you made a reasonable mistake in interpreting their words or actions.

Lack of Intent

Intent is a necessary element of most Class A felonies. Moreover, the intent required is usually high.

Specifically, A-level felonies typically must be committed “purposefully” or “knowingly.” That means mistakes or accidents will usually fail to satisfy all elements of the offense. For example, you would likely have a viable defense against first-degree drug-trafficking charges if you were unaware that a friend had hidden drugs in your car.

Possible Penalties Upon Conviction for a Class A Felony in Kansas City, MO

Class A felony sentences generally include a lengthy term of imprisonment. While there’s no mandatory fine for these crimes because of the prison term, offenders may be required to pay restitution to victims for any medical or financial losses they cause them to suffer.

The sentence for a Class A felony has the following basic structure: