Experienced and caring guidance when you need it the most.

Felony Vs. Misdemeanor: Understanding Criminal Charges In Missouri

Whether it’s a felony or a misdemeanor, any criminal charge is a serious matter that requires immediate attention. While felonies generally carry more severe legal consequences than misdemeanors, ignoring any criminal charge can negatively impact your life, career and future opportunities.

At Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, our attorneys have the experience and skill to defend you against any criminal charge. We have successfully represented clients facing the most serious felonies, the lowest-level misdemeanors in Missouri and everything in between. Our deep knowledge of Missouri criminal law allows us to provide you with comprehensive guidance throughout the legal process.

Understanding Missouri’s Criminal Classification System

When you’re facing criminal charges, knowing exactly what you’re up against is crucial. Missouri law categorizes criminal offenses into distinct levels based on severity, each with specific potential penalties.

Misdemeanors In Missouri

Misdemeanors are less severe offenses than felonies, but they still carry significant penalties that can disrupt your life. Missouri divides misdemeanors into several categories, each with increasing penalties:

Class A misdemeanors: Punishable by up to one year in county jail and/or fines up to $2,000. Common examples include third-degree assault, first-offense DWI, possession of small amounts of marijuana and theft under $750.
Class B misdemeanors: Carry penalties of up to six months in county jail and/or fines of up to $1,000. These include offenses like first-offense driving with a suspended license, second-degree trespassing and harassment.
Class C misdemeanors: You could face up to 15 days in county jail and/or fines up to $750. Examples include minor in possession of alcohol, gambling violations and some traffic offenses.
Infractions: These minor violations result in fines only, with no possibility of jail time. Many traffic violations fall into this category.

Even though misdemeanors are less severe than felonies, they should never be taken lightly. A conviction can still impact your employment prospects, housing options and personal reputation.

Felonies In Missouri

Felonies are the most serious criminal offense in Missouri, with consequences that can alter the course of one’s life. The state organizes felonies into five classes of increasing severity:

Class A felonies: Carry potential sentences of 10 to 30 years or life imprisonment. These include the most serious crimes, like first-degree murder, first-degree robbery and child kidnapping.
Class B felonies: Punishable by five to 15 years of imprisonment. Second-degree murder, first-degree assault and voluntary manslaughter fall into this category.
Class C felonies: You could face three to 10 years of imprisonment and/or fines up to $10,000. These include second-degree assault, stealing property valued at $25,000 or more, or involuntary manslaughter.
Class D felonies: Carry penalties of up to seven years imprisonment and/or fines up to $10,000. These include unlawful possession of a firearm, property damage valued at $750 or more, and tampering with a witness.
Class E felonies: These can result in up to four years of imprisonment and/or fines up to $10,000. Examples include passing bad checks valued at $750 or more, forgery and third-degree domestic assault.

A felony conviction carries consequences that extend far beyond your time in prison, affecting virtually every aspect of your future life and opportunities.

The Hidden Impact Of Criminal Convictions

The judge’s sentence is just the beginning of how a criminal conviction can impact your life. Far-reaching collateral consequences follow both misdemeanor and felony convictions.

Misdemeanor Consequences

Even a misdemeanor conviction can create significant hurdles in your daily life:

Employment barriers often arise as employers conduct background checks and may hesitate to hire someone with a criminal record
Housing difficulties become common when landlords screen applicants for criminal history
Professional licensing problems may emerge as boards question your character and fitness
Immigration issues can be triggered for noncitizens, even from minor convictions
Firearm restrictions may apply, particularly for misdemeanors involving domestic violence

These consequences might seem unfair, especially when they last far longer than any jail time or probation period. That’s why fighting misdemeanor charges is often just as important as defending against felonies.

Felony Consequences

A felony conviction creates even more profound life changes:

You can lose your voting rights while incarcerated or on probation/parole in Missouri
Second Amendment rights are permanently affected, as felons are generally prohibited from possessing firearms
Felony convictions severely limit professional licensing opportunities, restricting career options
Government benefits and financial aid may become inaccessible to those with felony convictions
Most landlords screen out applicants with felony records, significantly narrowing housing options
Employment prospects diminish with many employers unwilling to hire those with felony convictions
Deportation risk increases substantially for non-citizens

These lasting consequences explain why we fight so vigorously for our clients facing felony charges. Even when avoiding conviction isn’t possible, reducing charges from a felony to a misdemeanor can make an enormous difference in your future quality of life.

When Misdemeanors Become Felonies

The line between misdemeanors and felonies isn’t always fixed. Under certain circumstances, what would typically be charged as a misdemeanor can be elevated to a felony. This happens most commonly when you have prior convictions for similar offenses. For instance, a third DWI offense becomes a felony in Missouri, even though the first and second offenses are misdemeanors.

Other factors that can elevate charges include aggravating circumstances like using a weapon during the commission of a crime, when the offense results in serious physical injury, or when the victim belongs to a protected class, such as law enforcement officers or vulnerable adults.

Consider theft as an example: stealing items valued under $750 is typically a Class A misdemeanor. However, if you have previous theft convictions, prosecutors can charge you with a Class D felony instead. This escalation dramatically increases potential penalties and long-term consequences.

Our Approach To Your Defense

At Whiteaker & Wilson, PC d/b/a Law Office of Stuart P. Huffman, we understand that facing criminal charges can be overwhelming. We take time to know you as a person, not just as a case number. Your unique circumstances shape our defense strategy, whether you’re facing a misdemeanor or felony charge.

For misdemeanor cases, we often focus on negotiating for reduced charges or diversion programs that can keep your record clean. We explore options for probation instead of jail time and position you for eventual expungement when possible. Throughout the process, we work to minimize professional and personal disruptions to your life.

Felony defense requires an even more comprehensive approach. We thoroughly investigate all evidence and police procedures, looking for constitutional violations or procedural errors. When appropriate, we negotiate plea agreements that minimize consequences. When necessary, we prepare aggressive trial strategies to fight for your freedom. In all felony cases, we explore alternatives to incarceration that might better serve justice in your specific situation.

Potential Outcomes And Alternatives

The criminal justice system offers more pathways than simply “guilty” or “not guilty.” Depending on your circumstances, we may pursue several alternative resolutions.

Diversion programs can offer first-time offenders a chance to avoid conviction entirely. These programs typically involve community service, education or treatment, after which charges may be dismissed.

Missouri courts can also grant a Suspended Imposition of Sentence (SIS), which allows you to serve probation instead of jail time. Successfully completing an SIS probation means you won’t have a conviction on your record for most purposes.

A Suspended Execution of Sentence (SES) means the judge imposes a sentence but suspends its execution, placing you on probation instead. While this still results in a conviction, it keeps you out of jail or prison as long as you comply with probation terms.

Specialized treatment courts have proven highly effective in certain cases. Drug courts, mental health courts and veterans courts address underlying issues rather than simply punishing behavior.

Recent changes to Missouri law have expanded expungement opportunities, making it possible to clear more offenses from your record after a waiting period. We can help determine if and when your case might qualify for expungement.

Are The Classifications Fair?

The criminal justice system doesn’t always deliver just or proportionate outcomes. Mandatory minimums, arbitrary charging decisions and prior record enhancements can create results that seem unfair to the individual facing charges.

Our attorneys see you as a whole person, not defined by your worst moment. We recognize when the system isn’t treating you fairly and fight for outcomes that consider your circumstances. We believe in second chances and solutions that allow you to move forward with dignity.

If you’re facing criminal charges in Missouri, don’t wait. Early intervention makes a significant difference. Contact our office today at 417-413-5858 or email us to schedule a consultation. Let us help you understand your charges, your rights and your options. You don’t have to face this challenge alone.