What makes something a felony vs. a misdemeanor in Missouri?

Under RSMo § 558.011, felonies are divided into classes A through E with potential sentences ranging from four years to life imprisonment. Misdemeanors are classes A through D with sentences from seven days to one year. The classification is set by the specific statute defining the offense.

Can a misdemeanor become a felony in Missouri?

Yes. Prior convictions can elevate charges. A first-offense DWI is typically a Class B misdemeanor; a third offense within a ten-year period becomes a Class E felony. Theft value thresholds can also elevate misdemeanor theft to felony stealing. The specific escalation rules depend on the offense.

What is the 85% rule for felony sentences in Missouri?

Under RSMo § 558.019, people convicted of certain dangerous felonies must serve at least 85% of their sentence before becoming eligible for parole. This applies to a defined list of serious offenses including murder, rape, robbery, and assault with serious physical injury.

Will a felony conviction affect my right to own a gun?

Yes. Under federal law (18 U.S.C. § 922(g)(1)), a person convicted of a felony is prohibited from possessing firearms or ammunition. This applies regardless of whether the felony was in Missouri or another state. The prohibition is permanent unless specifically restored through a legal process.

Can a felony charge be reduced to a misdemeanor in Missouri?

In some cases, yes. Prosecutors have discretion to charge a lower offense or negotiate plea agreements that reduce charges. Whether reduction is possible depends on the specific offense, the evidence, the defendant's criminal history, and the prosecutor's charging policies. An attorney can advise whether reduction is realistic in your situation.

Felony vs. Misdemeanor in Missouri: What's the Difference?

When someone is charged with a crime in Missouri, one of the first things that matters is whether the charge is a felony or a misdemeanor. The distinction affects where you'll be tried, how long you could be incarcerated, what rights you'll lose if convicted, and how the conviction will follow you through the rest of your life.

Missouri's criminal classification system underwent a significant overhaul in 2017. Understanding the current framework is essential for anyone navigating the state's criminal justice system.

Missouri Felony Classes and Sentences

Under RSMo § 558.011, Missouri felonies are divided into five classes, each carrying a different sentencing range:

Class A felony — 10 to 30 years, or life imprisonment. Examples: first-degree murder, first-degree robbery, first-degree statutory rape.
Class B felony — 5 to 15 years. Examples: second-degree murder, first-degree burglary, second-degree assault causing serious physical injury.
Class C felony — Up to 7 years (minimum of 3 years if sentenced to the Department of Corrections). Examples: second-degree robbery, certain drug trafficking offenses, third-degree domestic assault.
Class D felony — Up to 7 years. Examples: certain theft offenses, second-degree burglary, first-degree tampering.
Class E felony — Up to 4 years. Examples: third-offense DWI within a ten-year period, aggravated stalking, certain computer crimes.

Felonies are tried in circuit court. They can result in incarceration in the Missouri Department of Corrections (state prison), not a county jail.

Missouri Misdemeanor Classes and Sentences

Missouri misdemeanors are divided into four classes:

Class A misdemeanor — Up to 1 year in county jail and/or a fine up to $2,000. Examples: first-offense DWI, minor in possession (in some circumstances), assault in the third degree.
Class B misdemeanor — Up to 6 months in county jail. Examples: certain traffic offenses, harassment.
Class C misdemeanor — Up to 15 days in county jail.
Class D misdemeanor — Fine only, up to $500. No jail time.

Misdemeanors are typically tried in associate circuit court and, if incarceration is ordered, the sentence is served in a county jail rather than state prison.

Facing felony or misdemeanor charges in central Missouri?

Chris Miller handles criminal defense across central Missouri. Understanding the classification of your charge is the first step — understanding your options is the next. Free consultation, no handoffs to associates or paralegals.

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The 85% Rule for Dangerous Felonies

Missouri has a mandatory minimum sentencing rule for certain serious offenses. Under RSMo § 558.019, people convicted of "dangerous felonies" — a defined list that includes first- and second-degree murder, rape, robbery, and assault causing serious physical injury — must serve at least 85% of their sentence before becoming eligible for parole or conditional release.

This dramatically limits early release for people convicted of the most serious crimes in Missouri. A 10-year sentence for a dangerous felony means serving at least 8.5 years before any possibility of release.

How Charges Can Be Elevated

The line between a misdemeanor and a felony isn't always fixed. Prior convictions often matter:

A first-offense DWI is typically a Class B misdemeanor. A second offense within five years becomes a Class A misdemeanor. A third offense within ten years becomes a Class E felony.
Theft of property valued under $750 is generally a Class D misdemeanor. Theft of $750 or more — or theft of certain items regardless of value — can become a Class D, C, or even B felony.
Simple trespass may be an infraction or misdemeanor, but aggravated circumstances can elevate it to a felony.

Consequences Beyond Prison

A felony conviction carries consequences that extend far beyond any prison sentence:

Firearm rights — Under federal law, a convicted felon cannot possess firearms or ammunition. This prohibition is generally permanent.
Voting rights — Missouri restores voting rights after completion of sentence, including probation and parole, but the process is not automatic.
Employment — Many employers conduct background checks, and a felony conviction can disqualify applicants for certain jobs.
Professional licenses — Nurses, teachers, contractors, and other licensed professionals can face license revocation or denial based on felony convictions.
Housing — Many landlords screen for criminal history, and federal public housing programs restrict eligibility for people with certain convictions.

Plea Negotiations and Charge Reduction

Prosecutors have discretion in how they charge cases. In some situations, a charge can be negotiated down — a felony reduced to a misdemeanor, or a higher felony class reduced to a lower one. Whether reduction is realistic depends on the strength of the evidence, the nature of the offense, the defendant's history, and the prosecutor's policies in that county.

Missouri also allows suspended imposition of sentence (SIS) in some cases — where a defendant pleads guilty, but the court withholds entering the conviction and places the person on probation. If probation is completed successfully, no conviction is entered on the record. This can have significant long-term benefits and is worth understanding as a potential outcome in your case.

If you're facing criminal charges in central Missouri, contact Bur Oak Legal for a free consultation. Understanding what you're facing is the first step toward making sound decisions about how to respond.