Violent Crimes Lawyer in Kansas City, Missouri

Violent Crimes Lawyer in Kansas City, MO

Violent crime charges are among the most aggressively prosecuted offenses in Missouri. Whether you have been accused of assault, robbery, murder, kidnapping, armed criminal action, or another serious felony, a conviction can carry years, or even life, in prison, along with permanent damage to your reputation, career, and future. At Combs Waterkotte, our experienced Kansas City violent crimes lawyers understand what is at stake. We thoroughly investigate every case, challenge the prosecution's evidence, and build strategic defenses designed to protect your rights and pursue the best possible outcome.

What Are Violent Crimes Under Missouri Law?

The Missouri Revised Statutes don’t specifically define “violent crimes.” Instead, the term is used to cover criminal offenses where at least one of the following occurred:

• Intentionally caused a victim’s injury or death
• Used force against a victim
• Attempted to use force against a victim
• Threatened force against the victim

Violent crimes are viewed by both the government and society as more serious than property crimes, drug crimes, or victimless crimes, such as illegal gambling. People accused of violent crimes may also be viewed as dangerous and can lose rights and opportunities.

A sentencing judge will often have the authority to impose lengthy incarceration. Even after completing their prison terms, people convicted of violent crimes may be unable to find jobs or housing because of their criminal records.

Missouri Revised Statutes That Cover Violent Crimes

Although the state does not define the term, a bill was proposed that would have defined violent crimes to include the following offenses:

• First- and second-degree murder
• Voluntary manslaughter
• First-, second-, and third-degree assault
• First- and second-degree assault of a law enforcement officer
• Kidnapping
• Felonious restraint
• Forcible rape or sodomy
• First-degree robbery
• First-degree arson
• First-degree burglary
• Armed criminal action

The term would also include any attempts to commit those offenses. Thus, attempted first-degree robbery would be considered a violent crime even if the accused was arrested before coming into contact with any victims.

Instead of using the phrase “violent crime,” Missouri law uses the term “dangerous felony.” Dangerous felonies include all of the offenses that would have been included in the list of violent crimes, plus the following offenses:

• First-degree domestic assault
• First-degree elder abuse
• Vehicle hijacking, when charged as a Class A felony
• First-degree statutory rape and first-degree statutory sodomy when the victim is under 12
• First- and second-degree child molestation
• Abuse of a child if a death results
• Child kidnapping
• Parental kidnapping if the child is detained or concealed for 120 days or longer
• Bus hijacking
• Planting a bomb or explosive near a bus or terminal
• DWI by a habitual offender

Notably, this list excludes misdemeanors that involve force or violence. For example, you could face charges for fourth-degree assault if you injure someone while recklessly using a deadly weapon. However, since it is a misdemeanor, it would not qualify as a dangerous felony.

Consequences of Dangerous Felony Convictions in Kansas City, MO

Being convicted of a dangerous felony has many consequences. First, defendants convicted of dangerous felonies are generally ineligible for probation instead of imprisonment if any of these conditions apply:

• The defendant has a prior conviction for a dangerous felony, Class A felony, or Class B felony
• The offense was committed using a deadly weapon
• The victim was an on-duty police officer, firefighter, or emergency service provider

In most cases, anyone who falls into these categories must be sentenced to prison upon conviction for a dangerous felony.

Defendants convicted of dangerous felonies must also serve a larger percentage of their sentences before becoming eligible for release from prison. Typically, defendants convicted of non-dangerous felonies have to serve the following percentages of their sentences:

• One-third, if the term was nine years or less
• Three years, if the term was between nine and 15 years
• Five years, if the term was over 15 years

By contrast, a defendant convicted of a dangerous felony will need to serve at least 85% of their sentence, or 40% of their sentence if they turn 70 while imprisoned. This means a first-time offender convicted of a non-violent Class D felony could serve as little as two years and four months of a seven-year sentence. A first-time offender convicted of a dangerous Class D felony must serve nearly six years of their seven-year sentence.

Additionally, dangerous felonies are ineligible for expungement. By contrast, many other non-violent, non-sexual offenses are eligible for expungement. When a felony is expunged, it no longer appears on a person’s criminal record, which can be essential in helping them overcome their past.

Defenses to Charges for Violent Crimes in Kansas City, MO

Our defense attorneys can use several possible criminal defense strategies in your case, including the following:

Consent

Consent is a defense to some violent crimes. For example, rough sex is not criminal if the other person consented to the use of force.

This defense is even allowable if you made a reasonable mistake, such as incorrectly believing that the other person consented through their words or actions. For instance, you might have tackled someone while playing a sport, concluding that they consented to such play by participating.

Defense of Self or Others

Missouri gives you the right to use force, including deadly force, to defend yourself or others. To establish this defense, we might first show that you reasonably believed that force was necessary to prevent the use of unlawful force against you or someone else.

This test is determined using the “reasonable person” standard. It might apply to your case if a reasonable person in your shoes would have believed that someone posed an immediate danger of causing physical harm to you or someone else.

One limitation of this defense is that you cannot use it if you were the initial aggressor. This defense generally only applies when the other person started the confrontation or restarted it after you withdrew. For example, if you get into an argument with someone else and then walk away, you could be allowed to defend yourself when they attack you.

Lack of Intent

Violent crimes usually require proof of intent. Specifically, the prosecution must show that the violent act was deliberate, rather than accidental.

For example, tripping and falling onto someone is not an intentional act that would justify assault charges. However, swinging your arm or throwing an object would usually be considered intentional.

If the act that allegedly injured someone else was unintentional, we may be able to argue that you lacked the intent to commit the violent offense.

Possible Penalties for Kansas City, MO, Violent Crime Convictions

The penalties for violent crimes can vary, but here are some of the most common: