Felony Charges in Missouri

What are felony charges in Missouri?

Under Missouri law, a felony is an offense the statutes designate a felony, or any offense for which a person can be sentenced to death or to imprisonment for more than one year (RSMo 556.061). A misdemeanor is an offense where the most you can receive is a year or less. That one-year line is what separates the two.

Missouri sorts felonies into five classes, A through E (RSMo 557.016). The class sets the range of prison time a court can impose (RSMo 558.011):

Fines are separate. A court can fine up to $10,000 for a class C, D, or E felony (RSMo 558.002). And for class D and E felonies, the judge has the discretion to sentence you to up to a year in the county jail instead of prison (RSMo 558.011).

Your record counts, too. Under RSMo 558.016, a “prior offender” has one felony finding of guilt, and a “persistent offender” has two or more. A persistent or dangerous offender convicted of a class B, C, D, or E felony can be sentenced in the range for the next class up. A first felony and a third felony are not the same case.

At the top of the ladder is murder in the first degree: knowingly causing the death of another person after deliberation. It is a class A felony, and for an adult the statute allows only two punishments: death, or life in prison without probation or parole (RSMo 565.020). There is no sentencing range to negotiate within. The only way off that road is a different charge or an acquittal.

My first trial was a first-degree murder case. It was in Washington State, outside Seattle, and the jury hung. I wrote about it in My First Trial: Murder. Missouri’s procedures differ from Washington’s in the details, but a case like that teaches you fast what the felony process is built to do: make the state prove every step.

Which court hears a felony in Missouri?

Felony charges in Missouri are prosecuted in the state’s circuit courts. Missouri is divided into judicial circuits, and St. Charles County is the 11th Judicial Circuit. St. Louis County and the City of St. Louis each have circuits of their own.

Two divisions matter in a felony case. The associate circuit division handles the front end: the first appearance, bond, and the preliminary hearing. The circuit division, with circuit judges, is where the felony is arraigned and tried. Municipal courts, which handle city ordinance violations, do not hear felonies. If your case is a ticket or an ordinance charge, see my page on the municipal courts of St. Charles County.

How felony charges in Missouri get into circuit court

Missouri prosecutes every felony by indictment or information. There are two doors into circuit court, and which one your case takes matters more than most people realize.

Door one: the felony complaint and the preliminary hearing

In most cases, the prosecutor starts by filing a felony complaint in the associate circuit division. A judge reviews it for probable cause and issues a summons or an arrest warrant. After your first appearance and bond, the prosecutor cannot file an information in circuit court until you have had the right to a preliminary hearing before an associate circuit judge (RSMo 544.250).

Under Supreme Court Rule 22.09, the hearing must be held within 30 days of your first appearance if you are in custody and within 60 days if you are not, unless the court finds good cause to extend the time. At the hearing, the state has to show probable cause that a felony was committed and that you committed it. You are not called on to plead. If the judge finds probable cause, you are ordered to appear in circuit court. If not, you are discharged. You can also waive the hearing, and you are then ordered to answer the charge in circuit court.

The bar for the state is low, but the hearing still matters. You get to see the state’s witnesses and cross-examine them under oath, long before trial, and you can present evidence of your own.

Door two: the grand jury

The other way in is a grand jury. A Missouri grand jury is 12 citizens, and nine of them must agree to return an indictment, called a “true bill” (Missouri Constitution, art. I, § 16; RSMo 540.250). The proceedings are closed to the public. In practice, only the grand jurors, the prosecutor, and the witnesses are in the room. There is no cross-examination and no defense case. When a grand jury indicts, the case goes straight to circuit court and the preliminary hearing falls away. Your first court date in circuit court is the arraignment.

A prosecutor can seek an indictment while a complaint is still pending, which can make a preliminary hearing moot. That is one reason I want to see a new felony client’s court file right away.

Common felony charges in Missouri

These are some of the felony charges in Missouri I see most often. The class sets the sentencing range, and many of these charges have enhanced versions, so the exact statute matters.

Notice how these charges stack. Armed criminal action is added on top of the underlying felony, and it carries its own punishment, with no probation or parole for the first three years (RSMo 571.015).

DWI is the one that surprises people. A first or second DWI is a misdemeanor, but a persistent offender faces a class E felony, and the class climbs if someone is injured or killed (RSMo 577.010). For the DWI side of the story, see my DWI page.

Felony or misdemeanor: what is the difference?

Beyond the one-year line, the two are different cases from the start.

The same conduct can land on either side of the line, depending on the facts. Stealing is a misdemeanor below $750 and a felony at $750 or more (RSMo 570.030). Possession of up to 86 grams of marijuana may a misdemeanor, while possession of most other controlled substances is a class D felony (RSMo 579.015). And a DWI stays a misdemeanor until a driver becomes a persistent offender or someone gets hurt (RSMo 577.010).

Felony charges in Missouri: the circuit court process, step by step

Once a felony case is in circuit court, it follows a path that is the same in broad strokes for every charge, from shoplifting felonies to murder.

Arraignment. This is your first appearance in circuit court, and it is open to the public. The charge is read, you enter a plea, usually not guilty, and the case is placed on a judge’s docket.

Discovery and pretrial motions. The state has to disclose its evidence, including police reports, witness statements, and lab results (Supreme Court Rule 25). This is when a defense lawyer earns their fee. Motions to suppress evidence from an illegal stop, search, or statement can change the case entirely.

Plea negotiations. Many felony cases end in a plea. A plea can change the charge, the class, or the recommended sentence. Whether to accept one is always your decision, and it should be made only after your lawyer has reviewed the evidence. I wrote about why in Just Plead Guilty to a DWI in Missouri? Are You Nuts?. The logic applies to every felony.

Trial. A felony is tried to a jury of 12, or to the judge if you waive a jury, and a jury verdict must be unanimous. Missouri trials run in two stages. In the first stage, the jury decides guilt only. If the verdict is guilty, the second stage begins, the jury hears evidence about punishment, and it recommends a sentence within the statutory range (RSMo 557.036). The judge then imposes the sentence and generally cannot go above what the jury declared. The judge, not the jury, sets punishment if the defendant asks for that in writing before jury selection, or if the state proves the defendant is a prior, persistent, or dangerous offender.

First-degree murder is its own process. If the state waives the death penalty, the case proceeds like any other. If it does not, the trial runs in two stages, with a penalty phase after a guilty verdict (RSMo 565.030). That is the biggest difference between a murder case and everything else on this page: when the state seeks death, the punishment stage is a trial of its own.

Sentencing. Depending on the offense and the facts, the judge can order probation, a suspended imposition of sentence, or prison. Parole eligibility depends on the offense and the sentence. Missouri amended its sentencing laws in 2026, and some changes take effect in 2027 and 2028, including parole-eligibility percentages for felony sentences. Ask me how they apply to a specific case.

Appeal and post-conviction relief. A conviction can be appealed to the Missouri Court of Appeals, and a death sentence is reviewed by the Missouri Supreme Court. After a trial, post-conviction relief is available under Supreme Court Rule 29.15, and after a guilty plea, under Rule 24.035. The deadlines are short.

Why the early decisions matter most

The decisions that matter most in a felony case are made early: whether to talk to the police, whether to waive the preliminary hearing, how to handle a grand jury date, and whether to take a plea. Once they are made, they are hard to unmake. That is why I want to meet a client at the start, not at arraignment.

Common questions about felony charges in Missouri

What makes a crime a felony in Missouri?

A felony is an offense designated a felony, or one that carries a possible sentence of death or imprisonment for more than one year (RSMo 556.061).

What are the felony classes in Missouri?

Class A (10 to 30 years, or life), class B (5 to 15 years), class C (3 to 10 years), class D (up to 7 years), and class E (up to 4 years). First-degree murder is a class A felony punishable by death or life without parole (RSMo 558.011 and 565.020).

Does every felony case get a preliminary hearing?

No. A prosecutor cannot file an information until you have had the right to a preliminary hearing, but you can waive it, and a grand jury indictment makes it unnecessary (RSMo 544.250).

How many grand jurors must agree to indict?

Nine of the 12 (RSMo 540.250).

What court hears felony charges in St. Charles County?

The 11th Judicial Circuit Court. A case starts in the associate circuit division and is tried in the circuit division.

Can a felony charge be reduced?

Sometimes. Depending on the facts and the law, a felony can be reduced through negotiation, motions, or a plea to a lesser offense. That is where an experienced lawyer matters.

The statutes and the official sources

Every statute cited on this page links to the current text on the official Missouri Revisor of Statutes website. Missouri amended parts of its criminal code in 2026, and some changes take effect in 2027 and 2028, so the version that applies depends on the date of the offense. Ask me which one governs your case. For the court rules, see the Missouri Supreme Court’s Rule 22.09, and for a plain-language overview of the process, the Missouri Attorney General’s The Court Process guide.

Talk to me

If you or someone you love is facing felony charges in Missouri, call me at 636-486-1093 for a free initial consultation. I defend felony and misdemeanor cases in St. Charles County, St. Louis County, and the surrounding area. You can also read more about my criminal defense practice or contact my office.

This page is general information about Missouri law, not legal advice for your situation. Last reviewed October 20, 2026.