Category: Crime

TOP MISTAKES PEOPLE MAKE AFTER BEING CHARGED WITH A CRIME IN MISSOURI

   

CRIME

Getting arrested and charged with a crime…whether it’s a misdemeanor or a felony…can be one of the most stressful experiences of your life. But what you do next is just as important as what happened before the arrest.

At KC Defense Counsel, our team of experienced and trusted Kansas City criminal defense attorneys in Missouri have seen it all. From panicked clients who talk too much to those who delay getting legal help, some missteps can make your situation worse and seriously hurt your defense.

If you’re facing criminal charges in Kansas City or anywhere in Missouri, call KC Defense Counsel today and let us hep you avoid these common — and costly — mistakes.

Talking to the Police Without a Lawyer: This is by far the biggest mistake people make. You might think:

  • “I can explain everything.”
  • “They’ll go easy on me if I cooperate.”
  • “I didn’t do anything wrong, so I don’t need a lawyer.”

Wrong. Anything you say can — and will — be used against you. Even an innocent statement can be twisted or misunderstood.

Never talk to law enforcement without a criminal defense attorney present. Instead, politely say:

“I want to remain silent. I’d like to speak to a lawyer.”

Posting About the Case on Social Media: This one’s a digital disaster. You might be tempted to post your side of the story, vent about the arrest, or defend yourself online.

Don’t.

Prosecutors can (and do) use Facebook, Instagram, and text messages as evidence in court. Even deleted posts can be recovered. If you’ve been charged with a crime, assume everything you post is being watched.

Ignoring Court Dates or Legal Deadlines: Missing a court appearance — or failing to respond to paperwork — can lead to:

  • A bench warrant for your arrest
  • Additional charges for failure to appear
  • Loss of bail or bond

Be proactive. Keep track of every court date, deadline, and document. And if you have an attorney (which you should), let them keep you organized and informed.

Failing to Hire an Attorney Quickly: The earlier you involve a defense lawyer, the better your chances of:

  • Avoiding formal charges
  • Negotiating a favorable plea
  • Getting evidence suppressed
  • Building a solid defense

Waiting until the last minute — or relying on a public defender who’s overworked — can limit your options. At KC Defense Counsel, we act fast to protect your rights from day one.

Contacting the Alleged Victim or Witnesses: In many criminal cases — especially assault, domestic violence, or theft, people make the mistake of reaching out to the victim or witnesses. They think they can smooth things over or ask them to “drop the charges.”

This is a bad idea.

Not only can this lead to witness tampering charges, but it can also violate bond conditions or protection orders, getting you sent back to jail.

Assuming the Charges Will Just Go Away: Just because no one was hurt or the other person wants to move on doesn’t mean the prosecutor will. In Missouri, the state — not the victim — presses charges. Prosecutors can (and often do) move forward with a case even if the other party has changed their mind.

You need to take every criminal charge seriously…no matter how minor it may seem.

Pleading Guilty Without Understanding the Consequences: Many people take a quick plea deal thinking it will “make it all go away.” But even a misdemeanor conviction can:

  • Stay on your criminal record forever
  • Affect your job, housing, and loans
  • Impact child custody or immigration status

Never plead guilty without fully understanding the long-term impact—and without reviewing all your options with a defense attorney.

HIRE THE RIGHT KANSAS CITY CRIMINAL DEFENSE LAWYER FOR YOUR CASE

A criminal charge doesn’t have to define you, but what you do next can. If you’ve been arrested in Missouri, the worst thing you can do is panic, go silent, or hope it disappears on its own.

Protect your future. Act smart. Get help.

At KC Defense Counsel, our affordable and trustworthy criminal defense team helps clients in Kansas City and across Missouri avoid mistakes, navigate the court system, and build strong defenses against criminal charges.

Call us now for a free case evaluation and let us fight for you.

Cities we serve: Adrian, Archie, Bates City, Belton, Blue Springs, Buckner, Butler, Cameron, Claycomo, Cleveland,  Drexel, Fairview,  Ferrelview,  Gladstone, Grain Valley, Grandview, Greenwood, Houston Lake, Independence, Kansas City Missouri, Kearney, , Knob Noster, Lake Lotawana, Lake Tapawingo, Lake Waukomis, Lake Winnebago, Lawson, Lee’s Summit, Liberty, North Kansas City, Oak Grove, Oakview,  Parkville, Peculiar,, Platte City, Platte Woods, Plattsburg, Pleasant Hill,  Raymore, Raytown, Riverside, Smithville, Sugar Creek, Tracy,  Warrensberg, Weatherby Lake, and Weston.

Statewide: Missouri State Highway Patrol and Sheriff Counties we serve: Bates County, Cass County, Clay County, Jackson County, Platte County, Ray County.

Contact us if your ticket is not on this list so our experienced Kansas City criminal defense lawyers near me in Missouri can be of assistance.

CAN I BE CHARGED WITH A CRIME FOR SELF DEFENSE IN MISSOURI?

  

CRIME

Missouri is known for its strong self-defense laws—but that doesn’t mean you’re automatically protected from legal trouble. Many clients ask us:

“Can I be charged with a crime even if I was defending myself?”

The answer is yes. Even if you acted in self-defense, you can still be arrested, charged, and forced to prove your actions were legally justified.

At KC Defense Counsel, our experienced Kansas City criminal defense attorneys near you have successfully defended Kansas City clients who were charged with assault or even homicide after acting in what they believed was self-defense. Here’s what you need to know about Missouri’s laws and your rights.

MISSOURI’S SELF-DEFENSE LAWS

Missouri law allows you to use reasonable physical force to defend yourself or others from unlawful force. In some situations, deadly force may also be legally justified.

Under Missouri Revised Statute 563.031, self-defense is allowed if:

  • You reasonably believed that force was necessary to protect yourself
  • You were not the initial aggressor
  • You were not engaged in unlawful activity at the time
  • The force used was proportionate to the threat

These laws are powerful, but not absolute. Whether your actions are seen as self-defense or a criminal offense often depends on the details and how your attorney presents them.

THE CASTLE DOCTRINE AND STAND YOUR GROUND

Missouri has two key legal protections:

  1. Castle Doctrine:

You do not have a duty to retreat when defending yourself in your home, vehicle, or property. If someone unlawfully enters your space, you may be justified in using deadly force.

  1. Stand Your Ground: You also do not have to retreat in public, as long as you’re:
  • In a place you have a legal right to be
  • Not the aggressor
  • Facing a legitimate threat of death or serious injury

Still, these laws don’t give you a license to fight or escalate violence—and police may still arrest you if they believe your actions weren’t justified.

WHEN SELF-DEFENSE CLAIMS GO WRONG

You can still be charged with a crime if:

  • Police believe you started the altercation
  • The force used was seen as excessive
  • There are conflicting witness accounts
  • A weapon was used in a way that appeared aggressive rather than defensive
  • The other person had no visible weapon or threat

In these cases, prosecutors may charge you with:

  • Assault
  • Unlawful use of a weapon
  • Voluntary manslaughter or murder in extreme cases

That’s why hiring an experienced Kansas City criminal defense attorney is critical. Your freedom may depend on how your side of the story is told.

WHAT HAPPENS AFTER YOU CLAIM SELF DEFENSE?

If you’re charged, your attorney can raise self-defense as an affirmative defense, meaning you admit you used force, but argue it was legally justified.

At KC Defense Counsel, we:

  • Collect evidence supporting your version of events
  • Interview witnesses
  • Review surveillance footage (or police body cam footage)
  • Challenge the prosecution’s narrative
  • Present your self-defense claim clearly and legally

We also work to prevent charges altogether by intervening early, when possible, before the case even reaches a courtroom.

CHARGED AFTER DEFENDING YOURSELF? CALL KC DEFENSE COUNSEL TODAY

If you’ve been arrested after defending yourself or someone else, you need an experienced Kansas City criminal defense lawyer near you immediately. Contact KC Defense Counsel for a free and confidential case evaluation.

We’ll protect your rights, build your defense, and help you prove you acted within the law.

What Are the Four Types of Crimes?

   

Crime

Four Types of Crimes

Crime is a complex issue that impacts individuals and society in various ways. Understanding the different types of crimes can help victims, law enforcement, and the public to better address and solve these issues. This article dives into the four main types of crimes: personal crimes, property crimes, white-collar crimes, and inchoate crimes. Each type presents unique challenges and consequences, requiring tailored approaches to prevention and intervention.

Elements of Crime

To understand the elements of a crime is important for legal professionals, law enforcement, and anyone interested in the justice system. These elements form the building blocks of criminal offenses and help establish guilt or innocence. Here are the key components:

Actus Reus (Guilty Act)

The actus reus refers to the physical action or conduct that constitutes a crime. It encompasses both affirmative acts (such as theft, assault, or arson) and omissions (failure to act when legally required, like not reporting child abuse). For a crime to occur, there must be a voluntary act or omission by the accused.

Mens Rea (Guilty Mind)

Mens rea refers to the mental state or intent behind the act. It answers the question: Did the accused have the necessary mental state to commit the crime? Different crimes require varying levels of intent, such as:

  • Intention: The accused deliberately committed the act (e.g., premeditated murder).
  • Recklessness: The accused knew the risks but proceeded anyway (e.g., reckless driving causing harm).
  • Negligence: The accused failed to exercise reasonable care (e.g., medical malpractice).

Concurrence

Concurrence means that the guilty act (actus reus) and the guilty mind (mens rea) must occur simultaneously. In other words, the intent must align with the action. For example, if someone intentionally steals another person’s wallet, both the act of taking the wallet and the intent to permanently deprive the owner must coincide.

Causation

Causation establishes a link between the defendant’s actions and the resulting harm. There are two types:

  • Factual Causation: Did the defendant’s act directly cause the harm? If not for their actions, would the harm have occurred?
  • Legal Causation (Proximate Cause): Was the harm a foreseeable consequence of the defendant’s conduct? Courts consider whether the harm was reasonably connected to the act.

Harm

Most crimes involve harm or potential harm to a person, property, or society. The severity of the harm often influences the degree of criminal liability. For example, murder involves the ultimate harm—loss of life—while theft harms property rights.

4 Types of Crimes

1. Personal Crimes

Assault and Battery

Assault refers to the intentional threat of bodily harm, while battery involves actual physical contact. These crimes can range from minor altercations to severe violence. Penalties vary based on the severity of the offense and the jurisdiction.

Homicide

Homicide encompasses various acts resulting in the death of another person. These include murder (premeditated killing), manslaughter (unintentional killing), and justifiable homicide (self-defense or defense of others). The emotional weight of homicide cases reverberates through courtrooms, affecting families, witnesses, and legal professionals alike.

Kidnapping

Kidnapping involves unlawfully abducting and restraining someone against their will. Motives can range from ransom demands to personal vendettas. The psychological trauma endured by victims during captivity underscores the gravity of this crime.

2. Property Crimes

Burglary

Burglary happens when someone unlawfully enters a building (usually a home) with the intent to commit theft, vandalism, or another crime. The focus is on breaking and entering, rather than confrontation. The violation of personal space and the loss of security haunt victims long after the incident.

Theft

Theft covers a broad spectrum, including petty theft (stealing small items) and grand theft (stealing high-value items). Shoplifting, embezzlement, and auto theft fall under this category. The financial impact on individuals, businesses, and insurance companies underscores the significance of combating theft.

Arson

Arson involves intentionally setting fire to property, endangering lives, and causing significant damage. Motives can be revenge, insurance fraud, or vandalism. The aftermath of arson scenes—charred remains, displaced families, and economic losses—leaves indelible scars on communities.

3. Inchoate Crimes

Conspiracy

Conspiracy refers to an agreement between two or more people to commit a crime. Even if the crime isn’t carried out, the act of planning and conspiring is illegal. The intricate web of connections, secret meetings, and coded conversations often unfolds during investigations.

Attempt

Attempted crimes occur when someone takes substantial steps toward committing an offense but doesn’t succeed. Intent plays a crucial role in determining guilt. The thin line between preparation and execution underscores the complexity of these cases.

4. Statutory Crimes

White-Collar Crimes

White-collar crimes occur in professional settings and involve deceit, fraud, or financial manipulation. Examples include insider trading, tax evasion, and Ponzi schemes. The meticulous paper trials, forensic accounting, and courtroom battles characterize white-collar crime investigations.

Drug Offenses

Drug-related crimes involve the possession, distribution, or trafficking of illegal substances. Penalties vary based on the type and quantity of drugs involved. The societal impact—addiction, violence, and strained healthcare systems—drives efforts to combat drug offenses.

Traffic Violations

While not always considered “crimes,” traffic violations (speeding, reckless driving, DUI) fall under statutory offenses. They can result in fines, license suspension, or even imprisonment. Balancing public safety with individual rights remains a perpetual challenge.

________________________________________

Remember, the legal definitions and penalties for these crimes vary by jurisdiction. Always consult local laws and seek professional legal advice if you encounter legal issues. Stay informed and contribute to a safer society!