Class B Felony Lawyer Missouri

Class B Felony Charges in Missouri

Being charged with a felony in Missouri is a stressful and overwhelming ordeal. Under RSMo §557.016, felonies are listed in order of severity, and Class B is right toward the top:

• Class A felony
• Class B felony
• Class C felony
• Class D felony
• Class E felony

The nature of these charges means prosecutors tend to pursue convictions aggressively. That’s why if you’re facing a Class B felony in Missouri, the first thing you need to do is reach out to a defense attorney. They can dig through the details of your case in depth and provide a defense strategy designed to secure the best possible outcome for you.

What Is a Class B Felony in Missouri?

There are dozens of offenses that can qualify as a Class B felony in Missouri. Class B felony charges typically come from the severity of the incident, the intent of the accused, the degree of the alleged offense, and other similar factors.

While there are too many Class B offenses to cover in depth, we’ll take a look at some of the most common ones here. You can view the full list of Missouri Class B felonies below.

Homicide and Violent Crimes

Charges that involve homicide or other types of violent crimes tend to carry the most scrutiny. These can range from assault to killing someone else in the heat of the moment. Here are some common Class B felony charges that come as the result of violence or killing:

• Voluntary manslaughter
• First-degree assault (or attempted first-degree assault)
• Second-degree assault
• First-degree domestic assault
• First-degree kidnapping
• Unlawful use of a weapon (shooting at or from a vehicle)

Drug and Controlled Substance Offenses

Despite having legalized marijuana, Missouri still tends to crack down hard on drug offenses. Class B drug and controlled substance felonies come as the result of:

• Delivery of a controlled substance
• Distribution of a controlled substance to a minor
• Manufacture of a controlled substance (within 2,000 feet of a school)
• First-degree drug trafficking
• Second-degree drug trafficking

Property Crimes

In Missouri, damaging or stealing someone else’s property can result in Class B felony charges. Here are some of the most common examples:

• First-degree burglary
• Second-degree robbery
• First-degree arson

Sex Crimes

Most Class B felony charges in Missouri come from cases involving sexual abuse of a minor. Here are the sex crimes that most commonly result in a Class B felony charge in Missouri:

• Second-degree child molestation
• First-degree sexual abuse
• Sexual exploitation of a minor
• Promoting child pornography
• Possession of child pornography (twenty or more images or any video)

Crimes Against Children

Class B felonies involving children in Missouri go beyond those that cover sexual abuse. Other felony charges cover instances in which a child experiences danger or physical harm, like:

• First-degree child engagement
• Abuse or neglect of a child (that results in serious injury or for repeat offenders)
• First-degree abandonment of a child

DWI

The penalties for driving while intoxicated in Missouri are long and complex. They depend on the amount of alcohol consumed, the severity of any damage or injuries caused, the number of past offenses, and other factors. But some of the most common Class B felony DWIs include:

• DWI committed by a habitual offender
• DWI resulting in death

Theft, Fraud and Financial Crimes

From money laundering to stealing a car, there are a slew of Class B felony charges in Missouri that fall into the theft, fraud, and financial crimes category. Here are some of the most common:

• Stealing a motor vehicle with prior convictions
• High-value theft
• Financial exploitation of an elderly or disabled person (stealing $25,000 or more)
• Identity theft that results in over $75,000 in stolen property
• Trafficking in stolen identities
• Money laundering

Government and Corrections Crimes

From escaping from prison to lying on the stand during a trial, a few Class B felonies fit the description of “government and corrections crimes,” like:

• Escaping from the Department of Corrections
• Aiding the escape of a felon if a deadly weapon is used
• Perjury in a felony criminal trial

Health-Related Crimes

While not as common as other offenses, there are still a few health-related crimes in Missouri that come with a Class B felony charge. They include:

• Exposing someone to HIV
• Healthcare payment fraud (for repeated offenses)

What Are the Consequences of a Class B Felony in Missouri?

A Class B felony is the second-most serious type of felony charge someone can face in Missouri. Class B felony convictions result in 5 to 15 years in prison. On top of that, individuals convicted of felonies in Missouri may lose other rights or opportunities, like:

• The loss of gun rights
• The loss of voting rights
• The inability to hold public office
• The inability to serve on a jury
• The loss of certain employment opportunities
• The inability to receive certain professional licenses
• The loss of child custody

Unlike Class A felonies which cannot ever be expunged from a Missouri criminal record, Class B felonies can be expunged in some cases. An experienced Missouri expungement lawyer can help with this process.

Class B Felony Defense Strategies in Missouri

Because of how serious Class B felony charges are, they require a skilled lawyer with a proven track record with all types of Class B felony cases. Combs Waterkotte’s expert legal defense team employs several tried-and-true tactics to reduce and even dismiss Class B felony charges. We’ve even achieved countless not guilty verdicts at trial.

Some common defense strategies we use in Class B felony cases include:

• Not Guilty by Reason of Insanity: If a defendant suffers a documented psychosis during the alleged offense or expert testimony shows they’re incapable of understanding the alleged conduct, this can be strong for a criminal defense.
• Fourth Amendment Violations: The Fourth Amendment protects from unlawful search and seizure, like police discovering drugs during an unlawful traffic stop or collecting evidence without a warrant or probable cause.
• Fifth Amendment: Under the Fifth Amendment, defendants have the right of protection from self-incrimination. If police continue to question someone after they request an attorney, this can be a violation of these rights.
• Miranda Rights: Law enforcement officials must issue a Miranda warning during an arrest or interrogation. If they fail to do so, this can prove to be a powerful defense.
• Self-Defense: Missouri law allows for self-defense in many instances. If, for example, security footage shows the alleged victim throwing the first punch, that bolsters a self-defense case.
• Defense of Others: If an alleged defendant intervenes in a fight to protect someone else or uses force to stop an assault on a child, these facts can prove invaluable to a legal defense.
• Alibi: A solid alibi can destroy a prosecutor’s case. If cell phone data shows a defendant was in another city at the time of the alleged crime or surveillance video confirms they were at work, these are solid alibis.
• Entrapment: Law enforcement officers are not allowed to coerce individuals into committing crimes. If, say, an undercover officer pressures a defendant repeatedly to sell drugs, an entrapment defense likely applies.
• Lack of Intent: Because many Class B felony charges require deliberate action, a lack of intent can be a very important factor. If an injury results from an accident or a defendant believes stolen property belonged to them, this can go a long way to proving a lack of intent.