If you have been charged with a crime in Missouri, you are probably worried about the serious potential consequences – significant prison time, large fines and loss of certain rights. However, in some cases it may be possible for the felony charge to be downgraded to a misdemeanor. This can significantly reduce the penalties you face and the long-term impact on your life.
Missouri’s Classification of Felonies and Misdemeanors
Missouri law categorizes crimes into felonies and misdemeanors based on their seriousness. Felonies are more serious offenses that can be punished by more than a year in prison. Offenses are less serious and carry a maximum penalty of up to one year in prison.
Crimes in Missouri are further divided into classes, from Class A (most serious) to Class E (least serious). The class determines the amount of prison time and fines you will face if convicted:
- Class A felony: 10-30 years or life in prison
- Class B felony: 5-15 years in prison
- Class C felony: 3-10 years in prison and a fine of up to $10,000
- Class D Felony: Up to 7 years in prison and a fine of up to $10,000
- Class E Felony: Up to 4 years in prison and a fine of up to $10,000
The administrative offenses include:
- Class A Misdemeanor: 1 year in prison and a fine of up to $2,000
- Class B Misdemeanor: 6 months in prison and a fine of up to $1,000
- Class C Misdemeanor: 15 days in jail and a fine of up to $750
- Class D Misdemeanor: A fine of up to $500.
How a felony charge or conviction can be reduced or removed from your record
There are several ways your attorney can reduce your criminal charge to a misdemeanor:
Negotiating a Plea Agreement
Your attorney may be able to negotiate with the prosecutor to have your criminal charges reduced to a misdemeanor. Many factors can affect the plea hearing process and every case is different, but your attorney may be able to highlight the following points as appropriate:
- Your clean record, especially for first-time offenders.
- That you have received treatment since the crime.
- That you have made or will pay a refund.
- Your sincere remorse and acceptance of responsibility.
- Your completion of community service or other standard probation conditions.
- That you are employed full time.
- That you have a family or people who rely on you.
- That the crime occurred during a difficult time in your life and is unlikely to happen again.
- That the crime was out of character.
- That a felony conviction would be disproportionate to the nature of the crime.
There may be other factors specific to your situation. An experienced criminal defense attorney will review all options that may apply to your situation. At Rose Legal Services, we care about our clients and their future. Therefore, we will meet with you and discuss any factors that may be relevant to the appeal hearing process.
Obtaining a SIS
In some cases it may be possible to obtain a Suspended Imposition of Sentence (SIS). With a SIS, you plead guilty to the crime, but the judge does not impose a sentence. Instead, you will be sent on probation.
If you successfully complete probation, the guilty plea to the crime will be erased from your public record. Additionally, an SIS is not a conviction under Missouri law. A SIS does not “reduce” the charge to a misdemeanor, but it does allow you to avoid a felony conviction under Missouri law.
Reduction through special programs
For some types of crimes, such as drug possession, there are special diversion programs that may help you avoid a felony conviction. These programs can also provide valuable resources to people who need them, including substance abuse or mental health treatment.
Reasoning about the elements of the crime
In some cases, your attorney may be able to argue that your actions do not meet all of the necessary elements of a crime. If successful, this could result in the charge being downgraded to a lesser offense, such as a misdemeanor.
For example, if you are charged with Burglary 2nd Degree (RSMo Section 569.170), your attorney might argue that the state cannot prove beyond a reasonable doubt that you entered the building with the intent to commit a crime therein. Based on this, your attorney could argue for a reduction to the lesser offense of Misdemeanor 1st Degree (Section 569.140 RSMo), a misdemeanor.
Every case is different and not every crime can be classified as a misdemeanor. However, having your case reviewed by an experienced criminal defense attorney from Rose Legal Services is an important first step.
How our experienced criminal defense lawyers can help you
If you are accused of a crime, having an attorney on your side can make all the difference. At Rose Legal Services, our team approach ensures that your case receives the collective knowledge and efforts of our attorneys, staff, and investigators.
When you work with us, you can count on the following:
- A thorough review of your case to identify all possible defenses and ways to reduce the charges.
- Competently negotiate reductions in charges with prosecutors whenever possible.
- Passionate, compelling representation in court to fight for the best outcome.
- Excellent customer service from our dedicated customer care specialists.
- Regular case updates and twice-weekly open consultation hours where you can speak to a lawyer without an appointment.
We know that facing criminal charges is stressful and frightening. That’s why we offer consultations for everyone who hasn’t yet hired a criminal defense attorney. During your consultation, we will discuss your case, explain your options and examine all options for preventing or reducing crime.
Don’t let a felony charge dictate the course of your life. At Rose Legal Services, we are passionate about giving our clients a second chance. If you have been charged with a felony and would like a reduction to a misdemeanor, you can count on us to fight vigorously to have the charge reduced. Contact us today for your free consultation.
