Class A Felonies Lawyer St. Charles County

How Class A Felony Cases are Prosecuted in St. Charles County

Handled through a strict multi-stage prosecution, managed by the St. Charles County Prosecuting Attorney’s Office and the 11th Judicial Circuit Court, Class A felonies involve the following:

• Investigation and Charging: Law enforcement agencies investigate the crime and submit reports to the prosecuting attorney.
• Case Initiation: The prosecutor files a criminal complaint in associate court or through a grand jury indictment.
• Probable Cause Hearing or Grand Jury: A defendant is entitled to a preliminary hearing before an associate circuit judge to determine if there is probable cause that a crime was committed. Or the prosecutor may bypass the preliminary hearing by presenting the case to a grand jury.
• Arraignment: This is where formal charges are read, rights are reviewed and a plea is entered.
• Pre-Trial Phase: This involves formal discovery (the handing over of police reports, lab results and videos), depositions and motion hearings. A case may resolve through a plea negotiation.
• Trial and Burden of Proof: If a plea agreement is reached, the case proceeds to trial. The state must prove guilt beyond a reasonable doubt to the jury, or in a bench trial to the judge.
• Sentencing and Parole: A Class A felony carries 10 to 30 years or life imprisonment and you must serve 70% of your sentence before becoming eligible for parole or 85% if it’s classified as a dangerous felony.

Class A Felony Sentencing and Penalties

In Missouri, you are facing a prison sentence of 10 to 30 years or life in prison, under Missouri Revisor of Statutes 558.011. You will also have to serve 70% of your sentence before being eligible for parole or 85% of your sentence in the case of dangerous felonies (558.019).

You may also incur the following penalties:

• Additional sentencing requirements: Depending on the offense, courts may impose mandatory minimum prison terms or consecutive sentences for certain associated criminal charges.
• Sex offender registration: Certain Class A felony sex offenses require registration as a sex offender, potentially resulting in long-term reporting requirements and restrictions.
• Restitution and fines: Courts can order direct restitution to victims for financial losses or property damage.
• Loss of civil rights: This includes firearm ownership, the right to vote while incarcerated, jury service and public office.
• Collateral consequences: This includes negative impact upon your employment and licensing opportunities and ineligibility for expungement.

What is Considered a “Dangerous Felony” in Missouri?

Under Missouri law, the following crimes are considered dangerous felonies:

• Arson: First-degree arson.
• Assault and domestic assault: First-degree assault, first-degree domestic assault and qualifying second-degree assault offenses.
• Murder: Second-degree murder.
• Rape and sexual offenses: Qualifying rape, sodomy, child molestation and sexual trafficking offenses.
• Kidnapping and hijacking: Certain kidnapping offenses and qualifying vehicle or bus hijacking offenses.
• Robbery and weapons: First-degree robbery and armed criminal action.
• Abuse and elder abuse: First-degree elder abuse, qualifying child abuse and certain child endangerment offenses.
• Conspiracy and habitual offenses: Conspiracy to commit a dangerous felony and qualifying intoxication-related traffic or boating offenses involving habitual offenders.

A dangerous felony conviction generally requires an offender to serve at least 85% of the imposed prison sentence before becoming eligible for parole, subject to applicable statutory exceptions. If you are facing a Class A felony charge in St. Charles County, understanding whether your offense qualifies as a dangerous felony is an important part of evaluating the potential penalties and preparing your defense.

Missouri Accomplice Liability in Class A Felony Cases

In cases such as murder, kidnapping or drug trafficking, accomplice liability means you aided or abetted someone in committing a crime and you may face the same level of charges and punishment, as a result (RSMo § 562.041).

The degree of your offense will depend upon your culpable mental stage and applicable aggravating or mitigating circumstances. Additionally, being present at a crime scene does not automatically establish accomplice liability.

As an accomplice, you can be convicted even if the main offender is uncharged, unknown or convicted of a different degree, as long as the state proves the underlying offense occurred and that you provided purposeful aid. If you have been accused of or arrested for being an accomplice, make sure you retain aggressive legal defense immediately.

Class A Felonies Involving Firearms or Dangerous Weapons

If a Class A felony involves a firearm or dangerous weapon, you may be facing additional criminal charges, a mandatory minimum prison sentence or consecutive sentences that significantly increase your time behind bars.

Examples of these offenses include:

• Discharging a firearm at an occupied building or vehicle: Shooting into an occupied structure or vehicle, resulting in physical injury or death.
• Armed criminal action (ACA): Committing any underlying felony with a dangerous weapon or firearm. A sentence for ACA must run consecutively to the sentence for the underlying felony.
• Underlying violent crimes: First-degree robbery, first-degree kidnapping or murder.

If your felony offense involves a firearm or dangerous weapon, don’t delay in speaking with a Class A felonies lawyer to ensure your rights remain protected.

Can a Class A Felony Charge be Reduced or Amended?

Before a conviction or trial, a prosecutor may agree to amend or reduce a Class A felony charge to a lesser felony or misdemeanor through a plea agreement. Once a defendant is convicted and sentenced, however, opportunities to challenge or modify the conviction become more limited and generally require separate legal proceedings.

Many felony cases are resolved through plea deals, rather than proceeding to trial. Whether your Class A felony charge can be reduced depends on several factors, including:

• Strength of the prosecution’s evidence: Weak or inconsistent witness testimony, insufficient physical evidence or constitutional violations may affect the prosecution’s ability to prove the original charge.
• Nature and severity of the offense: The alleged conduct, degree of harm and presence of aggravating circumstances can influence whether a lesser charge is appropriate.
• Criminal history: Prior convictions, repeat offender status and other sentencing considerations may affect plea negotiations.
• Availability of lesser-included offenses: Depending on the evidence and applicable statutes, a lesser offense may be supported instead of the original Class A felony charge.
• Mitigating circumstances: Factors such as the defendant’s level of participation, intent and other circumstances surrounding the alleged offense may be relevant to negotiations.

Prosecutors may be reluctant to reduce your Class A felony charges without compelling legal or evidentiary reasons. Our team at Combs Waterkotte is prepared to evaluate the prosecution’s evidence, identify potential defenses and negotiate for a more favorable resolution, when possible. Addressing potential weaknesses in the state’s case as early as possible is the best way to protect your legal options.

Defenses to Class A Felony Charges

Whether your case involves murder, drug trafficking or kidnapping, our legal team at Combs Waterkotte develops defense strategies tailored to the specifics of your case.

Defenses that may apply to your case include:

• Insufficient Evidence: Prosecutors must prove every element of a Class A felony beyond a reasonable doubt. If the evidence fails to establish your involvement, the required criminal intent or an essential element of the offense, your attorney may challenge the prosecution’s ability to secure a conviction.
• Unconstitutional Searches and Seizures: Evidence obtained through unlawful searches, improper warrants or violations of your Fourth Amendment rights may be subject to suppression, potentially weakening the prosecution’s case.
• Alibi and Digital Evidence: Surveillance footage, cellphone location data, electronic communications, witness statements and other records may establish that you were somewhere else when the alleged offense occurred or contradict the prosecution’s timeline.
• Mistaken Identity or False Accusations: Serious felony allegations may rely on eyewitness identifications, conflicting statements or accusations from individuals with personal motives. Your attorney can investigate inconsistencies, challenge identification procedures and examine evidence that may contradict the allegations.
• Self-Defense or Defense of Others: In certain violent felony cases, including those involving allegations of homicide or serious assault, Missouri law may permit the justified use of force when a person reasonably believes it is necessary to protect themselves or another individual from an imminent threat, subject to applicable statutory requirements.
• Lack of Criminal Intent: Many Class A felony offenses require proof of a specific mental state, such as knowingly or purposely engaging in prohibited conduct. Challenging whether the prosecution can establish the required intent may be central to defending against charges involving murder, kidnapping or other serious offenses.
• Unreliable Witness Testimony or Forensic Evidence: Class A felony prosecutions may involve DNA analysis, ballistics, toxicology, medical findings and other forensic evidence. Errors in testing, improper evidence handling, questionable forensic conclusions or contradictory witness accounts may provide grounds to challenge the state’s case.
• Challenging Aggravating Circumstances: Certain offenses are elevated to Class A felonies based on additional statutory elements, such as serious physical injury, the use of a dangerous weapon or other qualifying circumstances. When the evidence does not support those elements, your attorney may challenge the Class A classification or pursue a lesser charge when legally appropriate.

Preparing for a Class A Felony Trial

As you prepare for a Class A felony trial, it is important to:

• Remain silent: You have the right to refuse questioning from law enforcement and avoid self-incrimination.
• Retain an experienced criminal defense attorney: Seek legal representation as early as possible. Your lawyer can examine the charges, investigate the allegations, challenge the prosecution’s evidence and prepare a defense tailored to your circumstances.
• Comply with all bond and release conditions: Make sure you abide by all travel restrictions, electronic monitoring requirements and no-contact orders.
• Review the prosecution’s evidence with your attorney: This includes police reports, witness statements, forensic data, video or physical evidence supplied by the St. Charles County Prosecuting Attorney’s office.
• Gather evidence that may strengthen your defense: This may include digital records, alibi testimony, receipts and other materials that corroborate your account of events. Share potential witness information with your attorney and avoid altering or deleting evidence.
• Avoid discussing your case with others: Don’t post about the allegations on social media or discuss case details with friends, family members or others.
• Attend all court appearances: Keep track of scheduled hearings, pretrial conferences and other court obligations.
• Understand your trial and plea options: Discuss potential pretrial motions, plea negotiations, lesser charges and the risks of proceeding to trial with your attorney.

How a Class A Felony Conviction Can Affect Your Future

In addition to a long prison sentence, a Class A felony conviction can result in the following:

• A permanent criminal record: Class A or violent felonies are frequently exempt from expungement or record-sealing.
• Lifelong civil restrictions: This includes a ban on owning a firearm, suspended voting rights while incarcerated and the inability to run for public office or serve on a jury.
• Career barriers: You may have your professional license suspended or permanently revoked, and you may experience drastically limited job options due to background checks and the automatic denial of government or defense-related security clearances.
• Housing, education and financial aid limitations: Landlords can deny your application and you can be disqualified from public housing assistance. University admissions may also reject you or you may lose eligibility for federal student financial aid.
• Immigration consequences: You may face deportation and removal or ineligibility for naturalization, green cards or re-entry into the country.