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Missouri Violent Crimes Defense

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A violent crime charge in Missouri is one of the most serious situations a person can face. Depending on the specific offense and your prior record, you could be looking at mandatory minimum prison terms, parole restrictions that require serving 85% of your sentence before you are eligible for release, and stacked charges that multiply the effective time you will serve. A conviction can cost you your freedom, your career, your gun rights, and in some cases your immigration status.

Wayman Law Group defends clients charged with violent crimes throughout St. Louis City and County, St. Charles County, Jefferson County, and Metro East Illinois including Madison and St. Clair Counties. Attorney Matt Wayman is licensed in Missouri and Illinois state and federal courts. Partner Kevin Wayman brings more than 35 years of civil litigation experience to complex matters. We handle these cases from arrest through trial, and we will tell you honestly what you are up against and what your options are.

Charged with a violent crime in Missouri or Illinois? Call Wayman Law Group at (314) 400-9811 or visit the contact page for a free consultation. We serve St. Louis City and County, St. Charles County, Jefferson County, and Metro East Illinois.

What Is a Violent Crime Under Missouri Law?

A violent crime is any offense in which a person threatens or uses force against another person. The violence can be the primary objective of the crime, such as murder, or it can be the method through which another offense is committed, such as armed robbery.

Missouri defines its most serious violent offenses in Chapter 565 (homicide and assault) and Chapter 570 (robbery) of the Revised Statutes. Many of these charges carry mandatory minimum prison terms, dangerous felony designations that restrict parole eligibility, and sentence enhancements that stack on top of the underlying offense in ways most people do not anticipate until sentencing.

Common violent crime charges in Missouri include:

Murder in the first and second degree (RSMo § 565.020, § 565.021)
Voluntary and involuntary manslaughter (RSMo § 565.023, § 565.024)
Assault in the first, second, and third degree (RSMo § 565.050, § 565.052, § 565.054)
Robbery in the first and second degree (RSMo § 570.023, § 570.025)
Armed Criminal Action (RSMo § 571.015)
Domestic violence and child abuse
Kidnapping
Vehicular manslaughter

What Are the Penalties for a Violent Crime Conviction in Missouri?

Missouri classifies violent felonies under RSMo § 558.011 with the following authorized sentencing ranges:

Class A Felony (e.g., murder in the second degree, first-degree robbery, first-degree assault causing serious physical injury): 10 to 30 years or life in prison
Class B Felony (e.g., voluntary manslaughter, first-degree assault without serious physical injury, second-degree robbery): 5 to 15 years
Class C Felony (e.g., assault in the second degree): 3 to 10 years
Class D Felony: Up to 7 years
Class E Felony (e.g., assault in the third degree): Up to 4 years

Beyond prison, a violent crime conviction can permanently cost you your right to possess a firearm, your professional license in medicine, law, nursing, or teaching, your immigration status if you are not a U.S. citizen, and your ability to find work or housing after release. The sentencing ranges above only tell part of the story. Missouri's dangerous felony designation and Armed Criminal Action enhancements can significantly increase the actual time you serve.

What Is a “Dangerous Felony” and How Does It Affect My Sentence?

Missouri law designates certain offenses as dangerous felonies under RSMo § 556.061. A defendant convicted of a dangerous felony and committed to the Department of Corrections must serve at least 85% of the sentence imposed before becoming eligible for parole or conditional release under RSMo § 558.019(3). Several of the most common violent charges, including first-degree assault, first-degree robbery, and second-degree murder, carry this designation. On a ten-year sentence for a dangerous felony, you must serve at least eight and a half years before a parole board will consider your case.

What Is Armed Criminal Action (ACA)?

Armed Criminal Action under RSMo § 571.015 is one of the most consequential charges in Missouri violent crime prosecutions. Any person who commits any felony using, with, or through the assistance of a dangerous instrument or deadly weapon is also guilty of ACA. The sentence for ACA runs in addition to and consecutive to the sentence for the underlying felony, meaning it stacks on top of whatever else you are sentenced to.

The mandatory punishment structure under RSMo § 571.015 is:

First offense ACA: Not less than 3 years, not to exceed 15 years. No parole, probation, or suspended sentence for the first 3 calendar years.
Second offense ACA: Not less than 5 years, not to exceed 30 years. No parole for the first 5 calendar years.
Third or subsequent offense ACA: Not less than 10 years. No parole for the first 10 calendar years.

If you were also unlawfully possessing the firearm, those mandatory minimums increase to 5, 15, and 15 years respectively. A 2020 amendment to the statute expressly mandated consecutive sentencing for ACA. If the offense occurred before the 2020 amendment, prior law may permit concurrent sentencing, which is why the date of the alleged offense matters.

Common Missouri Violent Crime Charges

Murder in the First Degree (RSMo § 565.020)

First-degree murder is the most serious felony in Missouri. A person commits first-degree murder by knowingly causing the death of another person after deliberation upon the matter. For a defendant 18 or older, the punishment is either death or life in prison without eligibility for probation, parole, or release except by act of the governor.

Deliberation is defined under RSMo § 565.002(5) as cool reflection for any length of time, no matter how brief. Missouri courts have held that deliberation distinguishes first-degree murder from every other homicide offense and that it can be established through circumstantial evidence, including the method of killing, the number of wounds, the defendant's statements before or after the offense, and conduct following the event. Deliberation must still be proved beyond a reasonable doubt. It cannot be presumed from the fact of killing alone.

One critical limitation applies in cases involving multiple defendants. While the act of killing can be attributed to an accomplice under Missouri's accomplice liability statute (RSMo § 562.041), the element of deliberation cannot. If you are charged as an accomplice to a murder you did not personally commit, the State must prove that you personally engaged in cool reflection, not just that a co-defendant did. Missouri courts have reversed first-degree murder convictions under accomplice theory where the State failed to establish the defendant's own deliberation.

Murder in the Second Degree and Felony Murder (RSMo § 565.021)

Second-degree murder is a class A felony (10 to 30 years or life) and is a designated dangerous felony, requiring 85% of the sentence to be served before parole eligibility. Missouri recognizes two theories of second-degree murder.

Under the conventional theory, the State must prove the defendant knowingly caused the death of another person, or that with the purpose of causing serious physical injury, caused the death of another person. No deliberation is required.

Under the felony murder theory, no intent to kill is required at all. The State must prove that the defendant committed or attempted to commit any felony and that another person was killed as a direct result of that felony or the immediate flight from it. The intent to commit the underlying felony substitutes for homicidal intent. Felony murder charges are especially common in robbery and drug-related cases where a death occurs during the commission of the crime.

The sentence for second-degree murder is imposed in addition to the sentence for any related felony or attempted felony, other than murder or manslaughter, under RSMo § 565.021.The sentence for second-degree murder is imposed in addition to the sentence for any related felony or attempted felony, other than murder or manslaughter, under RSMo § 565.021.

Voluntary Manslaughter (RSMo § 565.023)

Voluntary manslaughter is a class B felony (5 to 15 years). A person commits voluntary manslaughter by causing the death of another person under circumstances that would constitute conventional second-degree murder, except that the killing occurred under the influence of sudden passion arising from adequate cause.

Under RSMo § 565.002, “sudden passion” means passion directly caused by and arising out of provocation by the victim or another acting with the victim, which passion arises at the time of the offense and is not solely the result of former provocation. “Adequate cause” means cause that would reasonably produce a degree of passion in a person of ordinary temperament sufficient to substantially impair an ordinary person's capacity for self-control.

The defendant bears the burden of injecting the issue of sudden passion into the case. Once injected, the State must disprove it beyond a reasonable doubt. Voluntary manslaughter is a lesser-included offense of second-degree murder, and raising it at trial can be a strategic tool to seek a verdict on a lesser charge when the facts support the defense.

Involuntary Manslaughter in the First Degree (RSMo § 565.024)

First-degree involuntary manslaughter is a class C felony (3 to 10 years), elevated to a class B felony if the victim was a law enforcement officer or a relative of a law enforcement officer targeted because of that relationship. A person commits this offense by recklessly causing the death of another person. Recklessness under RSMo § 556.061(42) means consciously disregarding a substantial and unjustifiable risk, where that disregard constitutes a gross deviation from the standard of care a reasonable person would exercise in the situation. Vehicular deaths involving impaired driving are frequently charged under this statute.

Assault in the First Degree (RSMo § 565.050)

First-degree assault is a class B felony (5 to 15 years) unless serious physical injury is actually inflicted or the victim is a special victim as defined under RSMo § 565.002, in which case it becomes a class A felony (10 to 30 years or life). A person commits first-degree assault by attempting to kill, or knowingly causing or attempting to cause serious physical injury to another person.

First-degree assault is a designated dangerous felony, requiring 85% of the sentence to be served before parole eligibility. Missouri also has prior and persistent assault offender enhancements under RSMo § 565.079. A defendant with one prior assault conviction within five years is a prior assault offender, and a defendant with two or more within ten years is a persistent assault offender. Both categories carry mandatory minimum terms and eliminate the possibility of probation or a suspended sentence.

“Serious physical injury” is defined under RSMo § 556.061(44) as physical injury that creates a substantial risk of death, causes serious disfigurement, or results in protracted loss or impairment of the function of any part of the body. Whether a specific injury meets that definition is frequently a contested factual issue at trial. Missouri courts have also recognized transferred intent in first-degree assault: if a defendant intended to harm a specific person but injured a bystander instead, the intent toward the intended target is transferred to the bystander for purposes of determining the grade of the offense.

Assault in the Second Degree (RSMo § 565.052)

Second-degree assault is a class C felony (3 to 10 years) and covers several distinct theories of liability: attempting to kill or cause serious physical injury under the influence of sudden passion from adequate cause; attempting to cause or knowingly causing physical injury by means of a deadly weapon or dangerous instrument; recklessly causing serious physical injury; and recklessly causing physical injury through the discharge of a firearm.

The distinction between a deadly weapon and a dangerous instrument matters for both the assault charge and any accompanying ACA charge. A “deadly weapon” is defined under RSMo § 556.061 as any firearm (loaded or unloaded), or any weapon readily capable of producing death or serious physical injury by discharge, plus switchblade knives, daggers, blackjacks, billy clubs, and metal knuckles. A “dangerous instrument” is any instrument, article, or substance that, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury. The dangerous instrument definition is circumstance-specific. An object that is not inherently dangerous can qualify based on how it was used. Body parts do not qualify as dangerous instruments under Missouri law.

Assault in the Third Degree (RSMo § 565.054)

Third-degree assault is a class E felony (up to 4 years), elevated to a class D felony (up to 7 years) if the victim is a special victim under RSMo § 565.002. A person commits third-degree assault by knowingly causing physical injury to another person. “Physical injury” under RSMo § 556.061(36) means any slight impairment of any function of the body or temporary loss of use of any part of the body, a significantly lower threshold than serious physical injury.

Robbery in the First Degree (RSMo § 570.023)

First-degree robbery is a class A felony (10 to 30 years or life) and a designated dangerous felony, requiring 85% of the sentence to be served. A person commits first-degree robbery by forcibly stealing property while also causing serious physical injury to any person, being armed with a deadly weapon, using or threatening the immediate use of a dangerous instrument, or displaying or threatening the use of what appears to be a deadly weapon or dangerous instrument.

Forcible stealing requires proof that the defendant used or threatened the immediate use of physical force, or put another person in fear of the immediate use of physical force, for the purpose of taking their property. Critically, the aggravating circumstances, such as weapon use, can be established through the conduct of any participant in the offense, not just the defendant personally. An accomplice who was present during a robbery where a co-defendant displayed a weapon can be convicted of first-degree robbery, so long as the State proves the accomplice had the purpose to promote the robbery and that weapon use was reasonably foreseeable.

Robbery in the First Degree (RSMo § 570.023)

Second-degree robbery is a class B felony (5 to 15 years). A person commits second-degree robbery by forcibly stealing property and in the course of doing so causing physical injury to another person. The distinction from first-degree robbery is the grade of injury: second degree requires only physical injury, not serious physical injury, and no weapon need be involved.

Armed Criminal Action (RSMo § 571.015)

See the sentencing section above for the full ACA breakdown. To convict on an ACA charge, the State must prove that the defendant committed a felony and did so by, with, or through the actual use of a dangerous instrument or deadly weapon. Mere intent to use a weapon, or possession of a weapon at the scene, is not sufficient. Missouri courts have held that actual use in furtherance of the felony is required. A knife with a four-inch blade qualifies as a dangerous instrument for ACA purposes. Body parts do not.

What Rights Do I Have After a Violent Crime Arrest?

Your rights matter most right now. They are only valuable if you actually exercise them.

The right to remain silent. Under the Fifth Amendment, you have the absolute right to say nothing when questioned by law enforcement. Anything you say can and will be used against you in court. The only thing you should say to police is, “I want an attorney.” Say it clearly, once. The questioning must stop. Police are trained to get people to talk, and they are legally permitted to lie to you to get an admission. If you fall for it, that statement is admissible against you at trial.

The right to an attorney. You have the right to legal representation at every critical stage of the proceedings. Do not speak to police, prosecutors, or anyone else about the facts of your case before your attorney is present.

The right to a fair trial. You are entitled to an impartial jury, the right to confront the witnesses against you, and the right to present evidence in your defense. A conviction requires proof beyond a reasonable doubt on every element of every charge.

The right to challenge evidence. You have the right to challenge the legality of searches and seizures, the reliability of eyewitness identifications, the admissibility of statements, and the integrity of forensic evidence. These are constitutional protections, not technicalities.

The right to bond. In most cases, you have the right to a bond hearing. A judge will determine conditions of release under the factors set out in Missouri Supreme Court Rule 33.01. We can argue for reasonable conditions or a reduction in bond amounts.

What Defenses Are Available in a Violent Crime Case?

Self-Defense and Stand Your Ground (RSMo § 563.031)

Self-defense is the most common defense in violent crime prosecutions. Under RSMo § 563.031, a person may use physical force when and to the extent they reasonably believe it is necessary to defend themselves or a third person from what they reasonably believe is the use or imminent use of unlawful force. Missouri is a stand-your-ground state. A 2016 amendment to RSMo § 563.031 eliminated any duty to retreat from any location a person has the right to be, including a public street, their vehicle, or their home.

For deadly force, Missouri law requires a reasonable belief that deadly force was necessary to protect against death, serious physical injury, or any forcible felony. Deadly force is separately authorized under the Castle Doctrine when a person unlawfully enters or attempts to unlawfully enter a dwelling, residence, or vehicle, without any additional requirement that the defender believe deadly force is necessary to prevent death or serious physical injury. Missouri courts have confirmed that even an attempt to unlawfully enter a dwelling may be met with deadly force under this provision.

Self-defense is a special negative defense under Missouri law. Once a defendant injects the issue with substantial evidence, the burden shifts to the State to disprove it beyond a reasonable doubt. Any instruction that places that burden on the defendant instead is reversible error. Failure to give the Castle Doctrine instruction when substantial evidence supports it is also recognized grounds for reversal on appeal.

Self-defense is not available to the initial aggressor, unless the aggressor effectively withdrew from the encounter and communicated that withdrawal to the other party, or if the defendant was in the process of committing a forcible felony at the time of the use of force.

Insufficient Evidence and Directed Verdict

Every element of every charge must be proved beyond a reasonable doubt. The State does not get the benefit of unreasonable, speculative, or forced inferences. Where deliberation cannot be established beyond a reasonable doubt in a murder case, where the weapon element is missing or disputed in an ACA charge, or where the injury does not meet the threshold of serious physical injury required for a first-degree assault charge, those are real legal arguments. Missouri courts have reversed violent crime convictions on sufficiency grounds, and defense counsel can move for judgment of acquittal at the close of the State's evidence when the State has not met its burden on any essential element.

Misidentification

Eyewitness identification is one of the most common causes of wrongful convictions. Missouri courts now permit defendants to present expert testimony on the factors that affect eyewitness reliability, including cross-racial identification, weapon focus, and the distorting effect of stress on memory. This gives the defense a meaningful tool in cases that rest primarily on witness identification rather than physical or forensic evidence.

Accomplice Liability Challenges

If you are charged based on another person's conduct, the State must prove you had the purpose to promote the commission of the offense and that you aided or agreed to aid in planning, committing, or attempting it. For first-degree murder specifically, Missouri courts have held that deliberation cannot be imputed from one co-defendant to another. The State must prove that you personally deliberated, not just that the person who pulled the trigger did. This distinction has resulted in first-degree murder convictions being reversed on appeal in Missouri, and it is a defense that is often underutilized in multi-defendant cases.

Lesser-Included Offenses

In many violent crime cases, the most important strategic tool is not an outright acquittal but a lesser-included offense instruction. If the evidence does not fully support the highest charge but does support a lesser offense, defense counsel can request that the jury be instructed on the lower charge. Reducing a first-degree murder charge to voluntary manslaughter, or a first-degree assault charge to second-degree assault, can mean the difference between decades in prison and a sentence that allows for a realistic future.

What Are the Collateral Consequences of a Violent Crime Conviction in Missouri?

Beyond prison and fines, a violent crime conviction carries long-term consequences that affect your life after release.

Firearm rights: A felony conviction permanently bars possession of any firearm or ammunition under federal law. A conviction for a dangerous felony under Missouri law also triggers state-level firearms disabilities.
Expungement ineligibility: Most violent crime convictions are permanently ineligible for expungement under RSMo § 610.140. However, if your charges were dismissed or you were acquitted, or if you were arrested but never charged, you may qualify to expunge arrest records under RSMo § 610.122.
Professional licensing: Missouri licensing boards for nurses, teachers, attorneys, social workers, and many other licensed professions consider criminal convictions in licensing and renewal decisions. A violent felony conviction will trigger scrutiny from virtually any professional licensing board.
Immigration: A conviction for a crime of violence can qualify as an aggravated felony under federal immigration law, triggering mandatory deportation for non-citizens and permanent bars to re-entry. Non-citizens should consult with an immigration attorney before resolving any violent crime case.
Enhanced sentencing on future offenses: A prior violent felony conviction can significantly increase the sentencing range on any future criminal case, both in Missouri and federally.

What Does the State Have to Prove?

The standard in every criminal case is proof beyond a reasonable doubt. The State bears that burden entirely. You are not required to testify, present witnesses, or prove anything. A unanimous jury verdict is required to convict.

The State's evidence in violent crime cases typically includes police reports, officer testimony, statements made by the defendant, surveillance or body camera footage, forensic evidence such as DNA or ballistics, and witness testimony from the complaining party or eyewitnesses. Every one of those categories has potential vulnerabilities. Motions to suppress illegally obtained evidence or statements, challenges to the foundation for surveillance footage, attacks on the reliability of eyewitness identifications, and confrontation issues with certain forensic evidence are all tools that can affect what the jury hears and what the verdict is.

Missouri courts evaluate sufficiency of the evidence by asking whether a reasonable juror could have found each element beyond a reasonable doubt, viewing the evidence in the light most favorable to the State. The fight over what evidence comes in, how it is presented, and what the jury is instructed to consider is where violent crime cases are often won or lost.

What If I Have Already Been Charged or Convicted? What Are My Options?

If you have already been charged, the most important thing you can do right now is retain experienced defense counsel before you say anything else to law enforcement. Evidence is gathered, witnesses are interviewed, and positions harden quickly in violent crime cases. Early representation matters.

If you have already been convicted and believe constitutional errors occurred at trial, including improper jury instructions, self-defense instruction failures, insufficient evidence on deliberation or weapon elements, or discovery violations, post-conviction relief may be available under Missouri Rule 29.15. Appeals from violent crime convictions have resulted in reversals and new trials in Missouri courts, and those outcomes typically hinge on whether the issues were properly preserved at trial.

If you were arrested but charges were dismissed or you were not convicted, you may be eligible to expunge the arrest record under RSMo § 610.122. Wayman Law Group handles 60 to 80 or more expungement matters in Missouri annually. Call us to find out whether your record qualifies.

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