Will I Go to Jail If I Am Charged with a Crime in Missouri?

If you are charged with a criminal offense in Missouri, you will not necessarily face a prison sentence. Whether or not you go to jail will depend on the type of crime you committed, any prior offenses, and whether you are convicted. Not every criminal case ends with a trial, with many defendants choosing to take a plea bargain in exchange for a lighter sentence.

At Landon Miller Law, our Columbia criminal defense attorney has dedicated his professional life to advocating for disadvantaged individuals. If you or someone you love is facing criminal charges, our defense attorney is ready to work on your behalf.

Not All Crimes Come with Jail Time

A criminal offense is classified as either a felony, misdemeanor, or infraction. These are broad categories, with subcategories stating specific sentence terms.

Felony Offenses

A felony comes with a minimum sentence of one year, with the following subcategories resulting in the following prison terms:

• Class A felony (most severe): 10-30 or life
• Class B felony: 5-15 years in prison
• Class C felony: 3-10 years in prison
• Class D felony: up to 7 years in prison
• Class E felony (least severe): Up to 4 years or less in prison.

Examples of felony offenses under Missouri law include murder, kidnapping, and domestic assault in the first-, second-, or third-degree.

Misdemeanor Offenses

A misdemeanor offense is characterized by a maximum jail sentence of one year. In lieu of a jail sentence, fines and restitution to the victim may apply. Missouri recognizes the following misdemeanor offense classifications:

• Class A misdemeanor: Up to 1 year in county jail
• Class B misdemeanor: Up to 6 months in county jail
• Class C misdemeanor: 15 days or less in county jail; and
• Class D misdemeanor: No jail sentence.

Examples of misdemeanor offenses under Missouri law include DWI (first and second offenses), disorderly conduct, and simple assault.

Infractions

An infraction is a minor offense that comes with no jail time or probation, just fines. An infraction does not go on your criminal record. However, you face driver’s license suspension if you rack up eight or more points in 18 months. Traffic violations are the most common type of infraction in Missouri.

Prior Offenses Enhance Sentence Penalties

A prior conviction can result in increased jail time, harsher fines, and stricter probation terms. Additionally, your minimum prison sentence will likely be increased if you have a criminal history. For example, if you are a persistent offender, a DWI can be enhanced from a class A misdemeanor to a class E felony. Potential jail time will increase from one year to up to four, with fines increasing from $2,000 to potentially $10,000.

How Do Plea Bargains Affect Jail Time?

Any sort of criminal history makes it less likely that you will be offered a plea bargain. Even if the prosecution offers a plea deal, you are still likely to serve time. However, the uncertainty of trial is removed, where a jury could find you guilty, subjecting you to the maximum statutory sentence. While you will be pleading guilty if you take a plea bargain, you may be able to agree to lesser charges (known as charge bargaining). This will greatly limit your time behind bars. Many plea bargains are probation-inclusive, allowing a defendant to serve their time in the community instead of in a prison cell.

Our Columbia criminal defense attorney will negotiate with the prosecution to help reach a favorable plea deal. If you have no priors, we will highlight your integrity, your role in your community, and any mitigating factors. Mitigating factors may include your cooperation with the police, your minor role in the crime, or your remorse. If you want to discuss sentencing options, you should contact Landon Miller Law as soon as possible.

Charged with a Crime? Speak with Our Columbia Criminal Defense Lawyer

If you have been charged with a state-level offense, our Columbia criminal defense attorney would like to speak with you. At Landon Miller Law, we know that criminal allegations can make you fearful of what the future holds. Our founding lawyer has experience on both sides of the courtroom, knowing what steps the prosecution will employ to secure a conviction. To schedule your free consultation, contact us online or by calling (573) 658-1919 today.