Can a Felony Be Reduced to a Misdemeanor in Missouri?

If you’ve been charged with a felony in Missouri, you’re likely concerned about the serious potential consequences – substantial prison time, steep fines, and the loss of certain rights. But in some cases, it may be possible to get your felony charge reduced to a misdemeanor. This can significantly lessen the penalties you face and the long-term impact on your life.

Missouri’s Felony and Misdemeanor Classifications

Missouri law categorizes crimes into felonies and misdemeanors based on their severity. Felonies are more serious offenses, punishable by more than one year in prison. Misdemeanors are less serious, with a maximum possible jail sentence of up to one year.

Felonies in Missouri are further divided into classes, from Class A (most severe) to Class E (least severe). The class determines the range of prison time and fines you could 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 up to $10,000
  • Class D Felony: Up to 7 years in prison, and a fine up to $10,000
  • Class E Felony: Up to 4 years in prison, and a fine up to $10,000

Misdemeanors are categorized as:

  • Class A Misdemeanor: 1 year in jail and a fine of up to $2,000
  • Class B Misdemeanor: 6 months in jail 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 Could Be Reduced or Removed From Your Record

There are several ways your attorney may be able to get your felony charge reduced to a misdemeanor:

Negotiating a Plea Agreement

Your lawyer may be able to negotiate with the prosecutor to reduce your felony charge to a misdemeanor. Many factors can affect the plea negotiation process, and every case is different, but your lawyer may be able to emphasize the following points, as applicable:

  • Your clean record, especially for first-time offenders.
  • That you have obtained treatment since the offense.
  • That you have paid or will pay restitution.
  • Your sincere remorse and acceptance of responsibility.
  • Your completion of community service or other common conditions of probation.
  • That you are employed full time.
  • That you have a family or people who rely on you.
  • That the offense occurred during a difficult time in your life and is unlikely to be repeated.
  • That the offense was out of character.
  • That a felony conviction would be disproportionate to the nature of the offense.

There may be other factors that are specific to your situation. A skilled criminal defense attorney will explore all options that may be applicable to your situation. At Rose Legal Services, we care about our clients and their futures, so we will meet with you and explore all factors that could be relevant to the plea negotiation process.

Obtaining an SIS

In some cases, it may be possible to obtain a “Suspended Imposition of Sentence” (SIS). With an SIS, you plead guilty to the felony, but the judge does not impose a sentence. Instead, you’re placed on probation.

If you successfully complete probation, the felony guilty plea comes off your public record. Moreover, under Missouri law, an SIS is not a conviction. An SIS does not “reduce” the charge to a misdemeanor, but it allows you to avoid a felony conviction under Missouri law.

Reduction Through Special Programs

For some types of offenses, like drug possession, special diversion programs exist that may allow you to avoid a felony conviction. These programs can also make valuable resources available to people who need it, including substance abuse or mental health treatment.

Arguing the Elements of the Crime

In some cases, your attorney may be able to argue that your actions do not meet all the necessary elements of the felony offense. If successful, this could lead to the charge being reduced to a lesser offense, like a misdemeanor.

For example, if you’re charged with Burglary 2nd Degree (Section 569.170 RSMo), your attorney might argue that the State cannot prove beyond a reasonable doubt that you entered the building with the purpose to commit a crime therein. On that basis, your attorney could argue for a reduction to the lesser offense of Trespass 1st Degree (Section 569.140 RSMo), a misdemeanor.

Every case is different, and not every felony can be reduced to a misdemeanor. However, having an experienced criminal defense attorney from Rose Legal Services evaluate your case is an important first step.

How Our Experienced Criminal Defense Attorneys Can Help

When you’re facing a felony charge, having an attorney on your side can make all the difference. At Rose Legal Services, our team approach ensures your case gets the collective knowledge and efforts of our attorneys, staff members, and investigators.

When you work with us, you can count on:

  1. A thorough review of your case to identify every possible defense and opportunity to reduce the charges.
  2. Skilled negotiation with prosecutors for charge reductions whenever possible.
  3. Passionate, persuasive representation in court to fight for the best outcome.
  4. Excellent client service from our dedicated Client Care Specialists.
  5. Regular case updates and twice-weekly Open Office Hours where you can speak to an attorney without an appointment.

We know that facing a felony charge is stressful and frightening. That’s why we offer consultations to anyone who hasn’t yet hired a defense attorney. In your consultation, we’ll discuss your case, explain your options, and explore every possibility for avoiding or reducing felony charges.

Don’t let a felony charge determine the course of your life. At Rose Legal Services, we are passionate about getting second chances for our clients. If you are charged with a felony and want a reduction to a misdemeanor, you can count on us to advocate strongly for a reduction of charges. Contact us for your free consultation today.

Author Bio

Scott Rose, an experienced criminal defense lawyer and founder of Rose Legal Services, has been practicing law for over 20 years. He is dedicated to representing clients facing criminal charges and providing legal representation on various cases, including DWI, misdemeanor, and felony cases.

After graduating from the University of Virginia School of Law, he gained valuable experience working for a United States Senator and as a Judicial Law Clerk for the Chief Judge of a United States District Court. Throughout his legal career, W. Scott Rose has committed to providing high-quality legal representation to his clients, earning him a spot in the National Top 100 Trial Lawyers.

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