Missouri Criminal Laws

The criminal justice system of Missouri is designed to deter criminal activity and punish those who violate the laws. The goal of the Missouri Revised Statutes is to maintain order, protect citizens, and offer criminals a chance at rehabilitation.

With crime rates that are often among the highest in the United States, Missouri criminal law is a work in process. Missouri’s gun control laws are some of the most lax in the country. There are no licensing or registration requirements. Concealed carry of loaded firearms in public places is permitless.

Missouri laws allow stand-your-ground and castle doctrine defenses for the use of physical force and lethal force in self-defense cases. Marijuana possession and use is legal in Missouri, but having too much or smoking in public is illegal.

There’s no question that Missouri criminal laws are complex and the statutes are sometimes difficult to understand. FindLaw’s Missouri Criminal Law section offers dozens of articles to help explain criminal issues and charges. It also explores the types of offenses, crime classification, the trial process, and defendant’s rights. If you’re facing prosecution, consider speaking with a criminal defense attorney.

Types of Criminal Offenses in Missouri

An offense occurs when someone breaks the law. When a case is filed against the offender, it becomes a charge. Not all charges are the same. It makes sense that the punishment should fit the offense. The more serious the act committed, the stricter the penalty. Missouri has different types of offense classification in its criminal system:

Felonies – Felony offenses make up the most serious crimes committed in the state of Missouri. Rape, murder, treason, and assault are all felonies. Sentences are imposed by a judge. There are five different felony levels in Missouri:

• Class A felony – Class A felonies are the most serious of crimes in Missouri. These include murder, rape, domestic assault with a serious injury, and habitual DWI. Penalties include a fine set by the court (up to double the amount gained in the commission of the crime or a maximum of $20,000 for corporations) and a prison sentence between 10 to 30 years. A life sentence is possible, and murder in the first degree can receive the death penalty.

• Class B felony – Burglary, sexual exploitation of a minor, and money laundering are examples of class B felonies. Sanctions include a fine set by the court (up to double the amount gained in the commission of the crime or a maximum of $20,000 for corporations) and incarceration for between five to 15 years.

• Class C felony – Class C felonies include DWI/DUI that resulted in the death of another, sexual abuse (first degree), and financial exploitation of an elderly or disabled person. Offenders face between three and 10 years in prison and a fine of up to $10,000.

• Class D felony – People who commit the unauthorized practice of medicine or surgery, file a false insurance statement, or trafficking children are guilty of a class D felony. Penalties include up to seven years in prison and a fine of up to $10,000.

• Class E felony—These are the least serious felony charges. They include driving on a revoked/suspended license, promoting or participating in combative fighting, and participating in a pyramid scheme. Probation is possible for first-time offenders. Prison terms are maxed at four years and fines are $10,000.

Misdemeanors – Misdemeanors are offenses that violate a statute. They carry a maximum of one year in county jail and the possibility of fines. Sentences are imposed by a judge. The different misdemeanor classes are as follows:

• Class A misdemeanor – Penalties for class A misdemeanors include up to a year in county jail and a fine of up to $2,000. Offenses include cannabis possession of up to 35 grams, domestic assault in the third degree, and shoplifting items under $500.

• Class B misdemeanor – Driving while intoxicated and trespassing in the first degree are examples of class B misdemeanors. Offenders face up to six months in county jail and a fine of up to $1,000.

• Class C misdemeanor – Class C misdemeanors include disturbing the peace and illegal gambling. Penalties are up to 15 days in county jail and a fine of up to $700.

• Class D misdemeanor – Examples of class D misdemeanors include possession of alcohol by a minor, driving without a valid license on a highway, or unlawful possession of drug paraphernalia. Jail time is rare. Offenders face a fine of up to $500.

Infractions are not considered criminal offenses. They are often issued by counties, cities, and towns. Penalties include fines, community service, and forfeiture.

Crime Classifications

The Missouri Revised Statutes have a classification for every criminal offense. There are many different types of crime under Missouri state laws. These are as follows:

• Chapter 565. Offenses Against the Person – Includes murder, stalking, and assault

• Chapter 566. Sexual Offenses – Includes rape, molestation, and sexual offenders

• Chapter 567. Prostitution – Includes promoting and patronizing prostitution

• Chapter 568. Offenses Against the Family – Includes incest, criminal nonsupport, and trafficking in children

• Chapter 569. Arson, Burglary, Trespass, and Related Offenses – Includes arson, burglary, and trespass

• Chapter 570. Robbery, Stealing, and Related Offenses – Includes robbery, stealing, and forgery

• Chapter 571. Weapons Offenses – Includes armed criminal action, defacing a firearm, and metal-penetrating bullets

• Chapter 572. Gambling – Includes gambling and lottery offenses

• Chapter 573. Pornography and Related Offenses – Includes promoting obscenity, sexual performance by a child, and sexual exploitation of a minor

• Chapter 574. Offenses Against Public Order – Includes money laundering, rioting, and making a terrorist threat

• Chapter 575. Offenses Against the Administration of Justice – Includes hindering prosecution, perjury, and resisting arrest

• Chapter 576. Offenses Affecting Government – Includes bribery, treason, and supporting terrorism

• Chapter 577. Public Safety Offenses – Includes DWI, BWI, and littering

• Chapter 578. Miscellaneous Offenses – Includes animal neglect, dog fighting, and sports bribery

• Chapter 579. Controlled Substance Offenses – Includes possession, delivery, manufacture, and sale of a controlled substance

You can find articles for a huge number of Missouri criminal offenses in the list below.

The Missouri Criminal Justice System

Being arrested for a felony offense is the beginning of the criminal justice process in Missouri. Below is a brief look at what to expect if facing criminal charges:

• Arrest by complaint with probable cause or a grand jury indictment agreeing that there’s enough evidence

• Arraignment to inform the defendant of the charges or a preliminary hearing to determine if there’s sufficient evidence to proceed; bail set or denied

• A pre-trial period including motions, pleadings, discovery process, and depositions from witnesses (including those of the opposing party)

• Plea bargaining may settle the issue

• A jury trial to present evidence, although the defendant can waive the right and request trial by a judge instead

• Sentencing for a guilty defendant that follows statutes or is decided by the jury at the defendant’s request

• Appeal, if the case qualifies

Matters as serious as a felony trial are not the time to represent yourself. Any felony defense requires the expertise and legal advice of a criminal defense lawyer.

Missouri Criminal Laws – Possible Defenses

For some offenses, you might have reasons for what happened. Some might justify your actions. This can include Missouri stand-your-ground statutes, the castle doctrine, or self-defense of yourself or others.

Speaking with a Missouri criminal defense attorney can help you understand your situation and what options are available.

Problems With Criminal Charges in Missouri? Get an Expert on Your Side

Criminal convictions will remain a headache for your entire life. If facing criminal charges in Missouri, meet with a criminal defense lawyer near you. An expert in defending violent crimes will examine your legal issue and present your options.