Category: KC Defense Counsel Articles

Classes Of Felonies In Missouri And Their Punishment Range

   

Classes Of Felonies In Missouri And Their Punishment Range

The classes of felonies in Missouri and their punishment range

According to Missouri legal statutes, felonies are crimes that are considered to be more serious in nature, typically punishable by imprisonment for at least one year. Missouri criminal law classifies felonies into five categories, ranging from Class A to Class E with Class A being the most serious crimes and Class E felonies being the least serious crimes. Each class of felonies has a different set of offenses and punishment range.

Class A Felonies

This category is reserved for the most serious and violent crimes against another person. Examples of offenses that fall under this category include, but are not limited to: murder, treason, first degree kidnapping, forcible rape of a child under 12 years, first degree robbery, causing a catastrophe, abuse or neglect of a child resulting to death , serious sex crimes, serious assaults, and some drug crimes.  A Class A felony carries a sentence of 10 to 30 years in prison, or life imprisonment.  Persistent sexual offenders convicted of Class A felonies for more than once get a life sentence without the option of probation or parole.

Class B Felonies

While they may carry a lesser sentence than Class A felonies depending on the nature and severity of the offense, Class B felonies are also very serious crimes that carry harsh penalties. Examples of Class B felonies in Missouri include, but are not limited to: voluntary manslaughter, first degree abortion, first degree burglary, first degree domestic assault, first degree assault, bus hijacking, and second degree drug trafficking, and promoting prostitution first degree. Class B felonies are punishable by imprisonment for not less than 5 years and not exceeding 15 years.

Class C Felonies

Class C felonies mostly involve theft, property crimes, but may also involve a crime against another person.  Examples of Class B felonies include involuntary manslaughter, fraud, identity theft, resisting arrest, third degree domestic assault, failure to make report of drug transfer, use of child in sexual performance, and many more. A Class C felony conviction carries a prison sentence of not less than 3 years and not exceeding 10 years. A court may order a person convicted of a Class C felony to pay a fine of up to $10, 000 or twice the amount of financial gain to the offender.

Class D Felonies

Class D felonies are considered less serious offenses within Missouri statutes. Examples of Class C felonies include Class I election offenses, passing a bad check, unlawful use of a weapon, fraud, second degree domestic assault, unauthorized practice of medicine or surgery, aggravated DWI,  sale of drugs without license, and many more. A Class D felony is punishable by up to 7 years in prison.  Class D felonies are punishable by a fine of up to $10, 000 or twice the amount of financial gain to the offender. The court can give probation for most class D felonies when the offenders have served a certain percentage of the total sentence. However there are offenses such as DWI and child abuse which offenders are not eligible for probation or parole.

Class E Felonies

These are considered the least serious offenses within Missouri statutes, and typically carry the least severe range of punishment available under the statute. Class E felonies include providing false information, insurance fraud, deceptive business practice, third degree assault, breach of confidentiality regarding taxes, motor fuel tax evasion, invasion of privacy, abandonment of a corpse and many more. A Class E felony is punishable by a prison sentence of up to four years and a fine of up to $10, 000 or twice the amount of financial gain to the offender.

A felony charge in Missouri is simply bad news. If convicted, one could be facing up to 30 years in prison or a life sentence. It takes a skilled criminal defense lawyer to guide and represent a person facing felony charges for the best outcome possible.

Contact US

The Grand Jury in Missouri and How it Works

   

Court Room Grand Jury Missouri

Missouri is one of the several states in the U.S. that use a grand jury system to determine criminal indictments. Basically, a grand jury is a group of citizens selected to sit on a jury to investigate possible criminal conduct and determine whether charges should be brought against a potential defendant. Missouri laws empower the grand jury to conduct legal proceedings and decide if there is probable cause to believe a person has committed a crime and should be indicted. However, it should be noted that it’s not the responsibility of the grand jury to find guilt or propose penalties to a party. The grand jury in Missouri plays a key role in running a valuable test for prosecutors in making a decision whether to press charges or not

… Continue reading

MATERIAL WITNESSES AND ARRESTS

   

ARRESTS AND MATERIAL WITNESSES

Whenever one is alleged of having in custody material(s) or information or a piece of information significant to a criminal lawsuit in the court of law; then, the person is referred to as a material witness.

A material witness is a person who is assumed to have in possession information about a matter of a case that is still ongoing in a competent jurisdiction court of law.

The first Judiciary Act of 1789 specifies that a material witness can be detained; however, the Bail Reform Act of 1984 amended the statute which is now codified at18 U.S.C. Ss 3144.

Situations may arise where a material witness will not want to testify at a criminal trial in the court of law due to fear of reprisal, not be duly informed about the case through the court order or other reasons best known to the witness. Whatever reasons the witness is laying claims to for not willing to testify, it lies in the clout of the prosecutors to see that justice prevails in every court proceedings.

What is a reasonable arrest?

According to the Federal law of the United States, law enforcement agents can arrest and detain a person if they have “reasonable cause” that the person in question possesses information significant to a judgment delivery of a pending criminal proceeding. Secondly, if a material witness will not respond to a court order when his attendance will be needed in the law court.

If the prosecutors however want the person to testify, they can secure and have the witness testified in the law court by issuing a material witness warrant.

What is material witness warrant?

This refers to the power a court of law has to arrest an individual who has been duly served with a subpoena but fails to attend court. A material witness warrant can, however, be unconstitutional and a violation of human rights when the authority is abused by the prosecutors or leads to wrongful conviction.

The law states that prosecutors in charge of such case may be sued regardless of the broad protection they have against lawsuits. It is the duty of an experienced defense attorney to help such material witness exercise his rights when such situation occurs.

How long can Law enforcement officers detain a Material Witness?

The constitution states that the law enforcement officers to detain a material witness for as long as the judge deems it necessary to avert failure of justice. 

The same federal material witness statute that authorizes the arrest of material witnesses also permits their release once their sworn have been taken.

All things being equal, no matter how significant the information concealed or discovered in material witness’ custody is, the person should not be charged with a crime and be acquainted once the lawsuit is finished.

Should a material witness turns out to be a suspect in the case, he is not obliged to testify against or incriminate himself in any form. Here, he will need the help of a competent criminal defense attorney in order to pervert punishment in the court of law. Consult with qualified defense attorney today to know more about Arrests and Material Witness

Contact Us
CRITICAL MOMENTS NEED A CRIMINAL DEFENSE LAWYER

DEMONSTRATING PROBABLE CAUSE

   

Constitution and Gavel and probable cause

Probable cause refers to a legal standard used in the United States by the police to get a warrant for a search or arrest of a suspect. Grand juries use this for their indictments. It is the procedure used in prosecuting and arresting criminals and also to make searches which relate with their properties or personal issues.

… Continue reading

The Exclusionary Rule

   

Criminal Evidence, Criminal Procedure

The aim of the Exclusionary rule is to protect the rights of American citizens, protect them from arbitrary intrusion and dissuade law officials from abusing constitutional rights. The rule prevents the use of direct evidence gathered in violation of the Constitution inadmissible in court. Evidence such as one gained from unreasonable search and seizure or other unconstitutional manner may be suppressed by the court. This means that the court will mostly not admit such evidence in the event of the criminal’s trial. The rule is also employed when a violation indirectly results in incriminating evidence.

… Continue reading

Drug Courts

   

Missouri Drug Court

Drug courts square measure judicially supervised court dockets that offer a sentencing different of treatment combined with direction for individuals living with serious substance use and psychological state disorders. Drug courts square measure problem-solving courts that take a public health approach employing a specialized model within which the judiciary, prosecution, defense bar, probation, enforcement, psychological state, welfare work, and treatment communities work along to assist alcohol-dependent offenders into long-run recovery

… Continue reading

PRACTICAL APPLICATION OF MIRANDA RIGHT

   


No doubt, incidence knock on our doorsteps without prior notice; if one happens and the next statement you heard is “you have to remain silent, anything you say can and will be used against you in a court of law; you have the right to an attorney, if you cannot afford an attorney, one will be provided for you?” How would you bring yourself out of such an ugly situation? There is usually a way out; consult with a criminal lawyer or a defense attorney as fast as possible.
Many times, we knowingly or unknowingly run into law-breaking incidences and this may call for an arrest or being held in police custody. There is a particular statement issued by the police during the course of the arrest; this pronouncement is known as the Miranda Warning.
The Miranda warning or pronouncement is a common warning issued by police to criminal suspects in their custody informing them the right they have to silence during interrogation that is; they have the right not to answer questions or give information to law enforcement agency or any other official.
As frightening as this statement is, it is a right given so that a suspect would not implicate himself during the course of an interrogation; although, not everyone knows the practical application of the right.
HOW MIRANDA RIGHT WORKS
One may ask, what is the purpose of this right and how is it applicable to criminal suspects in police custody. Justice demands that everyone should have the right to speak without fear or favor which also extend to criminal suspects; which means a trial must take place before they are convicted or acquainted depending on the outcome of the trial.
However, it is always difficult for criminal suspects to defend themselves without fidgeting or altering implicating proceedings during questioning, and for their rights not to be infringed on, they are given a Miranda right; that is, the right to a defense attorney.
When eventuality occurs and one is a criminal suspect, the dominant thought in one’s mind will be how to get out of the ugly incidence; what you need to do is to take a chill pill and contact your defense attorney. The intervention of an experienced criminal defense lawyer goes a long way in curtailing any form of self-implicating statement suspects may profess during the course of an interrogation.
How Miranda warning is used varies depending on the law guiding each city. Missouri is one place that is dominated by police to maintain law and order. A situation may arise where you would be subjected to questioning or interrogation; you need to know your right, allow a criminal defense lawyer do the bidding in your stead.
The Missouri criminal defense attorneys handle issues involving reckless driving, moving violations, drug crime, license suspensions, and other related offenses. Reach out to a qualified … Continue reading

THE LINE BETWEEN “STOP” AND “ARREST”

   

Police Stop Or arrest defense lawyer

Determining the line between a stop and an arrest can be really difficult, yet very crucial. Crucial because the police must satisfy particular conditions before either stopping or arresting a suspect. For instance, a police officer must have reasonable suspicion before he can stop and frisk a suspect. Yet, reasonable suspicion is not enough for an arrest. There must be probable cause for an arrest. And usually, when incriminating evidence is found during any of these encounters, the admissibility of that evidence in court becomes shaky except the police fully satisfied the prerequisite conditions before initiating an encounter with a suspect.

… Continue reading

Miranda rights and why the police don’t always read them

   

Miranda rights are the rights given to criminal suspects in the U.S. upon arrest informing them of certain rights before asking them any questions. The wording that is commonly used in a Miranda warning is, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” The Miranda warning primarily serves to protect suspects from self-incrimination, but not being arrested. The Miranda warning is given by the police officer when the suspect is in custody and under interrogation. The reading of these rights is a safeguard because placing a person under custody is likely to undermine a person’s will to resist and may compel them to speak in a self-incriminating way.     

… Continue reading

Requirements For Probable Cause In Missouri

   

Probable Cause Criminal Defense

In criminal law, probable cause is defined as the legal standard by which law enforcement officers have reasonable grounds to believe that a particular individual has committed a crime or is going to commit a crime, especially to justify making an arrest, obtaining an arrest warrant, conducting personal or property search, seizing property relating to a suspected crime, or preferring criminal charges. Missouri laws obligate police officers to have valid reasons to undertake the aforementioned law enforcement duties.

… Continue reading