Felony Armed Criminal Action Defense Lawyer in Kansas City
Armed Criminal Action In Missouri
Armed criminal action is a very serious charge in the state of Missouri. Under Missouri laws section 571.015, armed criminal action is defined as the use of a dangerous instrument or deadly weapon to commit a felony with the exception of the felonies defined in sections 564.590, 564.610, 564.620, 564.630, and 564.640 of the Missouri legal statutes. A dangerous instrument or deadly weapon constitutes anything that could kill or cause serious harm to a person. If you’re facing charges in Missouri for any kind of armed criminal action, you’ll want to make sure you have an excellent felony armed criminal action defense attorney to represent you.
According to this statute, an automobile can only qualify as a dangerous instrument if the operator of the automobile has an intention and motive to use it to cause harm to the victim. Therefore, mere recklessness in the operation of an automobile does not qualify as armed criminal action. The law also stipulates that armed criminal action requires an accused person to be in a culpable mental state of acting with a motive, knowingly, or recklessly. As a result, criminal negligence will not be used as a basis of pressing charges of armed criminal action.
A good example of armed criminal action is when a person walks into a store, brandishes a loaded gun, and demands the cashier to give him or her all the money. Such a person can also face charges of robbery first degree.
Punishment For Felony Armed Criminal Action
A person who is convicted or pleads guilty of armed criminal action in Missouri shall serve a prison sentence of at least three years at the Missouri Department of Corrections. This punishment shall be in addition to any punishment provided by Missouri laws for the felony committed using a dangerous instrument or deadly weapon. A person convicted for armed criminal action shall not be eligible for parole, probation, or conditional release until he or she serves the minimum three-year sentence fully.
The imprisonment period for the offense of armed criminal action in Missouri is based on the number of times the person has been convicted of the offense. A person convicted of armed criminal action for the second time shall serve a prison sentence not less than five years at the Missouri Department of Corrections. The punishment shall be in addition to any punishment imposed by the law for the crime committed. Persons convicted of armed criminal action for the second time shall not have the opportunity of parole, probation, or conditional release for a period of five years.
Persons convicted of armed criminal action for the third and subsequent occasions will serve a prison sentence of at least ten years, in addition to any punishment provided by Missouri laws for the crime committed. Such persons shall only be eligible for parole, probation, or conditional release after serving the minimum ten-year sentence to completion.
Elements For Felony Armed Criminal Action
There are particular elements that must be satisfied beyond a reasonable doubt in order to find a defendant guilty of armed criminal action. The prosecution must prove that the defendant had a dangerous instrument or deadly weapon when committing the crime and the defendant knew that he or she was carrying a dangerous instrument or deadly weapon. In addition, the prosecution must prove that the defendant had the intention of making use of the dangerous instrument or deadly weapon to commit a felony.
Typically, Missouri courts impose stiffer penalties in situations where a defendant inflicted or intended to inflict serious physical injury or even death to the victim during the commission of the crime. Convicted offenders who are deemed dangerous by the court and have committed the offense multiple times could face by lengthy imprisonment periods.
If you’re facing charges in Missouri for any kind of armed criminal action, you’ll want to make sure you have an excellent criminal defense attorney to represent you.
The experienced attorneys at the KC Defense Counsel have valuable experience defending those accused of serious criminal crimes including stealing and robbery. If you’ve been charged with one of the theft crimes, call the team at the KC Defense Counsel to schedule a free initial consultation and to discuss the facts of your case.
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