If you have been charged with a crime in Missouri and have a prior felony conviction on your record, you may face significantly more prison time as a “former and persistent offender” under Missouri’s version of the “Three Strikes” law.
As a firm dedicated exclusively to criminal defense, the attorneys at Rose Legal Services have extensive experience representing clients facing increased penalties because of their criminal history.
In this post, we’ll explain how Missouri’s Three Strikes law works, what harsh penalties it imposes on habitual offenders, and why it’s absolutely important to have an experienced defense attorney on your side when dealing with a potential Three Strikes. law. Sentence.
Missouri’s Former and Continuing Offender Law
Missouri law (RSMo Section 558.016) defines a “previous offender” as someone with a prior felony conviction and a “persistent offender” as a person with two or more prior felony convictions. These prior convictions can have a dramatic impact on the sentencing of a new crime.
Some key points about the Former and Continuing Offenders Act:
- The previous convictions must relate to different crimes that were committed at different times. Multiple convictions arising from a single incident are not considered separate “strikes.”
- The prior convictions may be from Missouri or substantially similar offenses in other jurisdictions.
- Both felony and misdemeanor convictions may be used to determine habitual offender status for certain offenses such as driving under the influence (see RSMo Section 577.023).
If a person with one or more prior convictions is charged with another crime, the potential prison sentence increases significantly.
Potential jail or prison sentence for repeat offenders
The amount of additional jail or prison time a previous and persistent offender faces depends on several factors, including:
- The Class of New Felony Charge (Classes A through E Felony)
- The number of previous felony convictions
- The seriousness of the previous crimes
- Whether the new crime involves violence, weapons, drugs or driving under the influence
Here are some examples of how repeat offender status can impact sentencing:
- Predecessor: In general, the new offense carries the maximum permissible prison sentence. For example, a former offender convicted of a Class D felony (typically up to seven years) could face the full seven years rather than a shorter sentence.
- Persistent offenders: May be sentenced to the next higher felony class for the new offense (e.g., a Class D felony would be sentenced as a Class C felony with a sentence of 3-10 years in prison). Some repeat drug offenders who are classified as persistent drug offenders face 10 to 30 years or life in prison.
- DWI offenders: Repeat drunk driving offenders face increased charges and prison time:
- Previous Offenders (1 prior conviction): Class A misdemeanor, up to 1 year in prison
- Persistent Offenders (2 convictions): Class E felony, up to 4 years in prison
- Serious Felon (3 convictions): Class D felony, up to 7 years in prison
- Chronic Offenders (4 or more convictions): Class C felony, 3-10 years in prison
- Habitual Offender (5 or more convictions): Class B felony, 5-15 years in prison
In addition to longer jail or prison sentences, repeat offenders often face higher fines, longer license suspensions or revocations for driving under the influence, and longer probation or parole periods.
Beyond the formal criminal penalties, a conviction for a prior and persistent offender often results in more serious collateral consequences, such as difficulty finding a job or housing or obtaining a professional license. Criminals also lose the right to own firearms and may be barred from receiving certain government benefits.
How an experienced criminal defense attorney can help
If you have been charged with a crime and have a criminal record that could be considered a “strike,” choosing a criminal defense attorney is one of the most important decisions you will ever make. You need a law firm that focuses exclusively on criminal defense, understands the ins and outs of the law surrounding past and persistent offenders, and has a proven track record of success in these high-risk cases.
At Rose Legal Services, we have been passionate about defending the rights of defendants for over 20 years. Unlike lawyers who only deal with criminal defense, we dedicate 100% of our work to protecting people facing criminal charges and helping them get a second chance. This unique focus allows us to provide defense representation at the highest level.
When we take on a client who is facing a possible “Three Strikes” conviction, we proceed as follows:
- Investigate the validity of the alleged criminal history
- Negotiate with prosecutors for reduced charges that are not covered by the law
- If possible, advocate for a dismissal or acquittal
Beyond our experience, we pride ourselves on treating our customers like family. You have a dedicated team, including two account managers, to support and guide you. You will receive regular updates about your case, access to your attorney, and open communication. Our goal is to be your trusted advisors and tireless advocates.
Get the defense you need today
Don’t let a criminal record and an aggressive prosecutor dictate the rest of your life. If you are facing a potential Three Strikes case in Missouri, contact Rose Legal Services for a consultation as soon as possible.
Let us put our passion, experience and commitment to protecting defendants to work for you.
