Misdemeanors and Felonies in Missouri

In the legal system, offenses are categorized as either misdemeanors or felonies based on their severity and potential punishments. The distinction between these two categories is vital, as it determines the legal consequences an individual may face. Here at Markwell Law, we represent individuals charged with both.  This article aims to shed light on the difference between misdemeanors and felonies in Missouri, highlighting relevant statutes and any notable distinctions from other states.

Misdemeanors in Missouri:

In Missouri, misdemeanors are criminal offenses that are less serious than felonies. They are generally punishable by a maximum of one year in county jail and/or fines of up to $2,000. Misdemeanors are classified into categories:

1. Class A Misdemeanor: These are the most serious misdemeanors in Missouri. They include offenses such as assault in the third degree, possession of a controlled substance (up to 35 grams), stealing (property valued up to $750), and driving under the influence (DUI) with no prior convictions. Missouri Revised Statutes (RSMo) Section 558.011 outlines the penalties for Class A misdemeanors.
2. Class B Misdemeanor: Offenses classified as Class B misdemeanors carry less severe penalties than Class A misdemeanors. Examples of Class B misdemeanors include trespassing, possession of drug paraphernalia, first-time DUI offenses with a blood alcohol concentration (BAC) below 0.15%, and property damage valued at $750 or less. RSMo Section 558.012 covers the penalties for Class B misdemeanors.
3. Class C Misdemeanor: Class C misdemeanors are the least serious misdemeanors in Missouri. These offenses encompass actions such as disorderly conduct, petty theft (property valued at $500 or less), possession of a small amount of marijuana (up to 10 grams), and first-time DUI offenses with a BAC below 0.08%. Penalties for Class C misdemeanors are detailed in RSMo Section 558.013.

Felonies in Missouri:

Felonies in Missouri are more serious crimes that carry harsher penalties compared to misdemeanors. The potential consequences for felonies include imprisonment in state prison for a year or more, along with substantial fines. Felonies are categorized into classes:

1. Class A Felony: These are the most severe offenses in Missouri. Class A felonies include crimes such as murder, rape, kidnapping, and certain drug trafficking offenses. The punishment for Class A felonies can range from life imprisonment without parole to the death penalty. RSMo Section 558.011 details the penalties for Class A felonies.
2. Class B, C, D, and E Felonies: These lower classes of felonies encompass offenses such as burglary, assault in the second degree, possession of a controlled substance with intent to distribute, and identity theft. The penalties for each class of felony vary, with Class B felonies carrying a potential sentence of five to fifteen years in prison, while Class E felonies may result in a term of up to four years. RSMo Section 558.011 provides further information on felony penalties.

Differences from Other States: While the basic concepts of misdemeanors and felonies remain consistent across states, specific statutes and penalties may vary. However, in terms of categorization, Missouri generally follows a similar framework to other jurisdictions, with slight variations in how offenses are classified. It is essential to consult the relevant statutes in each state to understand the specific laws and penalties for misdemeanors and felonies.