Being accused of a crime in Missouri is serious. Whether it’s a misdemeanor or felony, the repercussions are real. You could end up in jail, paying a fine, and having a criminal record that lasts forever. A criminal defense attorney protects your rights and fights the charges.
Why is a Crime a Misdemeanor or a Felony?
Misdemeanors in Missouri
Misdemeanors are not as serious as felonies. They do have penalties that can affect your future.
- Class A: 1 year in jail, maximum. Up to $2,000 fines.
- Class B: 6 months in jail, maximum. Up to $1,000 fines.
- Class C: 15 days in jail, maximum. Up to $700 fines.
- Class D: Up to $500 fine. No jail time.
Some examples of typical misdemeanors are:
- Petty theft
- Trespassing
- First DUI
- Simple assault
- Shoplifting
These are minor charges. But one conviction can stay on your record for years. It can affect your employment, housing, and more.
Felonies in Missouri
Felonies are more serious. They carry long prison terms and higher fines.
- Class A: 10 to 30 years, or life in prison
- Class B: 5 to 15 years in prison
- Class C: 3 to 10 years in prison
- Class D: Up to 7 years in prison
- Class E: No more than 4 years in prison
Common felonies are:
- Armed robbery
- Drug trafficking
- Rape or sexual assault
- Aggravated assault
- Burglary
- Homicide
Felony convictions take away many rights. You might lose the right to vote, to own a gun, or to work at some jobs.
Why You Need a Defense Lawyer
A dui defense lawyer in Kansas City walks you through the court system. They try to get the best possible outcome. If you are charged, don’t wait. Get a lawyer early.
This is what your lawyer can do:
- Describe your rights
- Examine the evidence
- Take statements from witnesses
- Bring motions to dismiss or suppress evidence
- Negotiate with the prosecutor
- Try the case with you
- Ask for reduced bail or no bail
- Challenge thin or defective charges
The police and state are all lined up against you. You need somebody on your side.
Arrest to Trial: What Happens?
- Arrest: Police take you into custody on a warrant or probable cause.
- Booking: You’re taken for a picture, fingerprinting, and booking.
- Initial hearing: A judge tells you the charges and sets bail.
- Pre-trial motions: Lawyers argue about what evidence can be used.
- Trial or plea: You go to trial or accept a plea agreement.
- Verdict and sentence: You’re found guilty or not guilty. If guilty, you’re sentenced by the judge.
You might also have:
- Bail hearings
- Probation reviews
- Appeals (if convicted)
Each stage is crucial. A good lawyer advises you on making smart choices.
Common Defense Strategies
The correct defense varies with your case. Some effective methods are:
Self-defense
Applied in assault cases. You assert you acted to defend yourself or someone else.
Lack of intent
If the crime involved intent, establishing you didn’t intend to do it can assist.
Mistaken identity
Sometimes witnesses make mistakes. Eyewitness mistakes occur more than you realize.
Illegal search
If police did not follow search guidelines, evidence might be thrown away.
Entrapment
Police urged you to commit a crime you would not have otherwise committed.
Coerced confession
You were threatened or intimidated into confessing. Your confession can be ignored.
A good attorney will see the best way and build your case.
Plea Bargains: Should You Take One?
In most cases, the state offers a proposition. If you plead guilty to a lesser offense, you get a lighter sentence. This is called a plea bargain.
Pros:
- Saves a trial
- Can be equivalent to less time in jail
- Can reduce charges
Cons:
- You give up the chance for an acquittal
- You are forced to confess
- It still leaves you with a criminal record
Some bargains are good. Some are terrible. Your lawyer can see a good bargain and object to a bad one.
Life After a Conviction
A conviction is not only something that occurs in court. It follows you.
- The consequences are:
- Trouble getting a job
- Loss of a professional license
- Trouble renting a home
- Trouble with immigration status
- Loss of the right to vote (for felons)
- Inability to hold firearms
Some crimes even bar you from receiving public benefits. You can lose student aid or food stamps. This is why fighting your charge matters. Your future is on the line.
Clearing Your Record: Expungement
Some charges can be removed from your record. This is called expungement.
You may qualify if:
- It’s been at least 3 years since your sentence
- The offense is eligible (not all crimes qualify)
- You’ve had no new charges
- All fines and restitution are paid
Common expungeable crimes:
- Marijuana possession (under certain limits)
- First-time non-violent offenses
- Some misdemeanors
Your lawyer will guide you through the legal process of filing the petition and the hearing.
How to Pick the Top Criminal Defense Lawyer in Missouri
Not all lawyers are created equal. Here is how you pick the top one:
- Look for local experience
- Ask about their track record
- Look at reviews from past clients
- Make sure they explain things clearly
- Check availability
Ask if they’ve handled cases similar to yours. Ask how often they take cases to trial.
Don’t go for the cheapest. Your future isn’t a bargain.
Frequently Asked Questions (FAQs)
1. What do I do if I get arrested?
Remain quiet. Don’t answer questions from the police. Ask for a lawyer right away.
2. Can I represent myself in court?
Yes, but you shouldn’t. Criminal law is complicated. One slip-up can take away your freedom.
3. How long are cases?
It depends. Some take weeks. Others take months or more. Your lawyer can let you know how long.
4. Can I talk to the victim or police?
No. It’s dangerous. Let your lawyer do the talking. Whatever you tell them, can be used against you.
5. I did it. Should I get an attorney anyway?
Yes. Even if you’re guilty, an attorney can help lower your sentence or obtain other alternatives for you.
Other Things to Know
What if I can’t afford to pay for an attorney?
You can be assigned a public defender. But public defenders are also busy. They may not have time to delve deeply into your case.
Are all charges public?
Most are. But some may be sealed. Expunged charges are removed from public sight.
Can I be sent to jail for a first offense?
Yes. Even first offenders can be sent to jail. It depends on the charge.
Should I pay bail?
If you can pay, yes. Being out provides the opportunity to work with your attorney and construct your defense.
May my case be dismissed?
Yes, if so. Your attorney can work to eliminate frivolous or unwarranted charges.
Final Thoughts
Criminal charges are scary. But you don’t need to go through them alone. A Missouri criminal defense lawyer can protect your rights and take care of business for you. Don’t hesitate. The sooner you seek help, the better your chances.
