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Missouri Felony Defense Lawyer
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A felony conviction in Missouri can take away your freedom, your rights, and your future. If you or someone you care about is facing felony charges in St. Louis or anywhere in Missouri, you need a defense attorney who understands exactly what is at stake and knows how to fight back. Wayman Law Group handles serious felony cases throughout St. Louis City and County, St. Charles County, Jefferson County, and Metro East Illinois.
Facing a felony charge in Missouri? Call Wayman Law Group at (314) 400-9811 for a free consultation. We serve St. Louis City and County, St. Charles County, Jefferson County, and Metro East Illinois.
What Is a Felony in Missouri?
Dangerous felonies are treated differently. If your offense qualifies as a dangerous felony under § 556.061—including offenses such as Armed Criminal Action, firstdegree robbery, first-degree assault, and first-degree rape—the conditional release formula in § 558.011 does not apply. Instead, under § 558.019, you generally must serve at least 85% of your sentence before becoming eligible for parole, conditional release, or another authorized early release. Release at that point is not automatic and remains subject to the authority of the Missouri Board of Probation and Parole.
Missouri law also recognizes certain offenses as "dangerous felonies" under Mo. Rev. Stat. § 556.061(19). These carry additional consequences, including no conditional release and restrictions on probation eligibility, regardless of prior record.
What Are the Penalties for Each Felony Class in Missouri?
The sentence you face depends heavily on how your charge is classified. Here is what Missouri law authorizes under § 558.011:
Class A Felony
Punishment ranges from 10 years to 30 years or life imprisonment. Class A felonies include first-degree murder, first-degree robbery, first-degree kidnapping, drug trafficking, and forcible rape of a child under 12. First-degree murder for adults carries mandatory life without parole, or the death penalty in eligible cases.
Class B Felony
Punishment ranges from 5 to 15 years in prison. Common Class B felonies include first-degree burglary, voluntary manslaughter, and first-degree assault where serious physical injury is actually inflicted.
Class C Felony
Punishment ranges from 3 to 10 years, with fines up to $10,000. Examples include involuntary manslaughter, second-degree statutory rape, felony theft, and certain drug possession offenses. DWI as a chronic offender (four or more prior intoxication-related traffic offenses) also enhances to a Class C felony under § 577.010.
Class D Felony
Punishment is up to 7 years in prison or up to one year in county jail, with fines up to $10,000. Class D felonies include third-degree domestic assault, fraud, and resisting arrest. DWI as an aggravated offender (three or more prior offenses) is a Class D felony under § 577.010.
Class E Felony
Punishment is up to 4 years in prison or up to one year in county jail, with fines up to $10,000. Criminal negligence and certain lower-level drug offenses fall into this category.
Fines are authorized for Class C, D, and E felonies up to $10,000 under Mo. Rev. Stat. § 558.002. Class A and B felony fine amounts are governed by the specific offense statute.
What Is the Conditional Release Structure for Missouri Felonies?
Most Missouri felony sentences carry a conditional release period, which is essentially supervised release following the prison term. Under § 558.011, the conditional release term equals one-third of the total sentence for terms up to nine years, three years for sentences between nine and fifteen years, and five years for sentences over fifteen years.
Dangerous felonies are the exception. If your charge qualifies as a dangerous felony under § 556.061(19), including Armed Criminal Action, first-degree robbery, first-degree assault, and first-degree rape, there is no conditional release. You serve the full sentence. This is one of the most significant distinctions in Missouri sentencing that many people do not understand going in.
How Can Prior Convictions Affect My Felony Sentence?
Missouri has a tiered enhancement structure that can significantly increase your exposure based on prior record. Under Mo. Rev. Stat. § 558.016:
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A prior offender (one prior felony) may be sentenced within the standard range, but the court holds that authority instead of the jury.
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A persistent offender (two or more prior felonies at different times, or one prior dangerous felony) must be sentenced at the range for the offense one class higher than charged. This is mandatory, not discretionary.
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A dangerous offender (currently charged with a felony involving knowing murder or serious physical injury, and with a prior Class A or B felony or dangerous felony) also receives the one-class upward shift.
For drug offenses, the enhancement goes further. A persistent drug offender under § 579.170 faces a sentence two classes higher for Class C, D, or E felonies. A persistent sexual offender under § 566.125 faces mandatory life imprisonment without parole eligibility.
When the State seeks enhancement, it must plead those facts in the charging document and prove them beyond a reasonable doubt under § 558.021. The court, not the jury, makes the enhancement finding.
What Is Armed Criminal Action and Why Does It Matter?
Armed Criminal Action, or ACA, is one of the most serious add-on charges the State can file. Under Mo. Rev. Stat. § 571.015, anyone who commits any Missouri felony by, with, or through the actual use of a dangerous instrument or deadly weapon is also guilty of ACA.
ACA is an unclassified felony carrying 3 to 15 years, served consecutively and mandatory, on top of whatever sentence you receive for the underlying felony. No parole for the first three calendar years. A second ACA offense raises the range to 5 to 30 years with no parole for five years. A third or subsequent offense carries 10 or more years with no parole for ten years. If you unlawfully possessed the firearm, mandatory minimums increase further.
The Missouri Supreme Court has confirmed in State v. Reynolds that actual use of the weapon is required. The State cannot sustain an ACA charge on mere intent or possession alone. This element is frequently contested and is one of the strongest attack points for the defense in cases where the weapon's role in the offense is unclear.
What Types of Felony Cases Does Wayman Law Group Handle?
Wayman Law Group defends clients against the full range of Missouri felony charges, including:
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Homicide and murder (first degree, second degree, and felony murder)
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Assault in the first and second degree
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Robbery and Armed Criminal Action
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Burglary
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Kidnapping
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Sex crimes, including rape and sodomy under Chapter 566
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Drug trafficking, distribution, and possession offenses under Chapter 579
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Weapons charges
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Domestic violence felonies
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White collar and fraud offenses
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DWI felony enhancement cases
What Are the Strongest Defenses Against Missouri Felony Charges?
There is no one-size-fits-all answer, but Missouri law provides a number of well-established defenses that a skilled attorney can raise depending on the facts of your case.
Self-Defense and Defense of Others
Under Mo. Rev. Stat. § 563.031, you have the right to use physical force when you reasonably believe it is necessary to defend yourself or another person from imminent unlawful force. Deadly force is justified when you reasonably believe it is necessary to protect against death, serious physical injury, or a forcible felony. Self-defense is a special negative defense in Missouri: once there is substantial evidence supporting it, the State bears the burden of disproving it beyond a reasonable doubt. The Missouri Supreme Court has consistently held it is reversible error to deny a self-defense instruction when the evidence supports it.
Challenging the State's Evidence
The State bears the burden of proving every element of every charge beyond a reasonable doubt. Appellate courts review sufficiency challenges de novo. In many felony cases, especially drug possession and accomplice liability cases, the critical question is whether the evidence is strong enough to survive a motion for judgment of acquittal. Our firm scrutinizes every element, including constructive possession (which requires proof of access, control, and knowledge), accomplice liability (which requires proof you acted with the purpose of promoting the offense), and deliberation in murder cases (which cannot be imputed from one co-defendant to another).
Suppression of Evidence
If law enforcement conducted an unlawful search, obtained a statement in violation of your Miranda rights, or arrested you without probable cause, the evidence they gathered may be suppressible under the Fourth and Fifth Amendments. A successful suppression motion can hollow out the State's case before trial even begins.
Mental Disease or Defect
Under Mo. Rev. Stat. § 552.030, a defendant may plead not guilty by reason of mental disease or defect if, at the time of the conduct, a mental disease or defect made them incapable of knowing or appreciating the nature or wrongfulness of their actions. Even short of a full not-guilty-by-reason defense, evidence of mental disease is admissible under § 552.015 to negate the required mental state for the charged offense.
Mental Disease or Defect
Under Mo. Rev. Stat. § 552.030, a defendant may plead not guilty by reason of mental disease or defect if, at the time of the conduct, a mental disease or defect made them incapable of knowing or appreciating the nature or wrongfulness of their actions. Even short of a full not-guilty-by-reason defense, evidence of mental disease is admissible under § 552.015 to negate the required mental state for the charged offense.
Duress
Under Mo. Rev. Stat. § 562.071, duress can be a defense if you were coerced by unlawful physical force that a person of reasonable firmness could not have resisted. It is not available in murder cases, and it cannot be raised when the defendant recklessly placed themselves in a situation where duress would arise.
How Does a Missouri Felony Case Move Through the Court System?
Understanding the process helps you make informed decisions at every stage.
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Investigation and Charging: Police investigate and refer to a prosecutor, who decides whether to file charges. Under Mo. Rev. Stat. § 544.170, a person taken into custody must be charged within 24 hours or released.
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Warrant or Summons: More serious charges result in a warrant. Less serious cases may begin on a summons requiring a court appearance.
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Arraignment: Your first formal court appearance, where a not guilty plea is entered and bond conditions are set or reviewed.
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Preliminary Hearing or Grand Jury: For felony cases, probable cause must be found at a preliminary hearing, or a grand jury must return an indictment, before the case proceeds to circuit court.
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Discovery: After an indictment or information is filed, the defense is entitled to request the State's evidence, including police reports, lab results, witness statements, and any exculpatory evidence the State is required to disclose under Brady v. Maryland.
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Pretrial Motions: Motions to suppress, motions in limine, and motions to dismiss can significantly shape what evidence the jury sees.
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Trial: The State presents its case first and must prove guilt beyond a reasonable doubt. The jury assesses punishment for most felony defendants unless the defendant is a prior offender.
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Sentencing: After conviction or a guilty plea, the court imposes sentence within the statutory range, with consideration of any enhancement findings.
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Expungement: Some Missouri felony convictions may be eligible for expungement under Mo. Rev. Stat. § 610.140 after three years from completing the authorized disposition, subject to eligibility requirements. Wayman Law Group handles 60 to 80+ expungement matters annually throughout St. Louis and the Metro East.
What Is a Suspended Imposition of Sentence and Why Does It Matter for Felony Defendants?
If you are facing a first-time or lower-level felony, the outcome of your case may not have to be a permanent conviction. A Suspended Imposition of Sentence, or SIS, means the court places you on probation without pronouncing a sentence. If you complete probation successfully, the case is not considered a conviction for most purposes and becomes a closed record under Missouri's Sunshine Law. You may also deny prior convictions on many employment applications following a successful SIS probation.
A Suspended Execution of Sentence, or SES, is different. The court imposes a sentence but suspends its execution while you serve probation. An SES is a criminal conviction for all purposes. Understanding the difference between these outcomes matters enormously for your future, and it is something Wayman Law Group discusses with every client before any plea decision is made.
Facing a felony charge in Missouri? Call Wayman Law Group at (314) 400-9811 for a free consultation. We serve St. Louis City and County, St. Charles County, Jefferson County, and Metro East Illinois.
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