Misdemeanor & Felony Sentencing in Missouri
St. Louis Criminal Defense Attorney
The Missouri Sentencing Advisory commission strongly believes in judicial discretion when it comes to sentencing in the Missouri courts. The Sentencing Advisory Commission believes that sentencing in Missouri is at its best when the decision makers have accurate information about the offender, their offenses, as well as the options available at sentencing. The sentencing recommendations are averages and based on the sentencing practices in the state as a whole. The Missouri sentencing recommendations are based on a number of factors including the following:
- The offenders criminal history and risk assessment;
- Grouping of offenses (similar offenses are categorized by statute and by the Board of Probation and Parole);
- Each category of offenses is arranged according to severity;
- Aggravating and mitigating circumstances; and
- Sentencing recommendations.
Felony Sentencing in Missouri
Under Missouri Revised Statutes, Chapter 558 Imprisonment, Section 558.011 the authorized terms of imprisonment are as follows:
Class A Felony – A term of 10 to 30 years, or life imprisonment
Class B Felony – A term of 5 to 15 years
Class C Felony – A term not to exceed 7 years
Class D Felony – A term not to exceed 4 years
Misdemeanor Sentencing in Missouri
Under Missouri Revised Statutes, Chapter 558 Imprisonment, Section 558.011 the authorized terms of imprisonment for misdemeanors are as follows:
Class A Misdemeanor – A term not to exceed 12 months
Class B Misdemeanor – A term not to exceed 6 months
Class C Misdemeanor – A term not to exceed 15 days
Section 558.019, RSMo. Minimum Prison Terms for people with prior prison commitments by the Department of Corrections are:
- One prior commitment – 40% of the sentence (or until the age of 70 with 30% of the sentence served);
- Two prior commitments – 50% of sentence (or until the age of 70 with 40% served);
- Three or more prior commitments to the Department of Corrections – 80% of sentence (or until the age of 70 with 40% of the sentence served);
- Convicted of a dangerous felony – 85% of the sentence.
There are also enhanced sentences and minimum prison terms set forth for predatory sexual offenders and persistent offenders under §558.018 RSMo, as well as for prior and persistent
domestic violence offenders under §565.063 RSMo and prior and persistent
drug offenders §195.285 to 195.296m RSMo.
St. Louis Criminal Defense Lawyer
In addition to the above felony classifications, there are also a number of charges that are considered unclassified felonies in Missouri. While these charges vary, each of them has a minimum sentence starting at three years. It's important to note that dangerous felonies require 85% of the sentence to be served; therefore, if it's absolutely critical that you enlist the services of a reputable St. Louis criminal defense attorney from The Sumner Law Group. Another factor that contributes to the minimum time that must be served is your criminal record; for each additional prior, you are required to serve more of your sentence.
If you or someone you love has been arrested for any type of crime, we urge you to contact our office as soon as possible. Who you choose to represent you and what you do here and now can make all the difference in the outcome of your criminal case.