How Much Jail Time Can a Prior and Persistent Offender Get in Missouri?

If you’ve been charged with a felony offense in Missouri and have prior felony convictions on your record, you may be facing significantly more prison time as a “prior and persistent offender” under Missouri’s version of a “three strikes” law.

As a firm that dedicates our practice exclusively to criminal defense, the attorneys at Rose Legal Services have extensive experience representing clients facing enhanced sentences due to their criminal history.

In this post, we’ll explain how Missouri’s “three strikes” law works, the severe penalties it imposes on habitual offenders, and why having a skilled defense attorney in your corner is absolutely critical if you’re facing a potential “three strikes” sentence.

Missouri’s Prior and Persistent Offender Law

Missouri law (RSMo Section 558.016) defines a “prior offender” as someone with one previous felony conviction and a “persistent offender” as an individual with two or more prior felony convictions. These prior convictions can dramatically impact sentencing for a new felony offense.

Some key points about the prior and persistent offender law:

• The prior felony convictions must be for distinct offenses committed at different times. Multiple convictions arising from a single incident don’t count as separate “strikes.”
• The prior convictions can be from Missouri or substantially similar offenses in other jurisdictions.
• Felony and misdemeanor convictions can both be used to determine habitual offender status for certain offenses like driving while intoxicated (see RSMo Section 577.023).

When an individual with one or more prior felony convictions is charged with another felony, the potential prison time they face increases significantly.

Potential Jail or Prison Time for Repeat Offenders

The amount of additional jail or prison time a prior and persistent offender might face depends on several factors, including:

• The class of the new felony charge (Class A through E felonies)
• The number of prior felony convictions
• The severity of the prior offenses
• Whether the new offense involves violence, weapons, drugs, or driving while intoxicated

Here are some examples of how repeat offender status can impact sentencing:

• Prior offenders: Generally face the maximum authorized terms of imprisonment for the new offense. For example, a prior offender convicted of a Class D felony (normally up to 7 years) could face the full 7 years rather than a shorter term.
• 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, carrying 3-10 years imprisonment). Some repeat drug offenders classified as persistent drug offenders can face 10-30 years or life in prison.
• DWI offenders: Repeat DWI offenders face stepped-up charges and jail time:
  • Prior offenders (1 previous conviction): Class A misdemeanor, up to 1 year in jail
  • Persistent offenders (2 convictions): Class E felony, up to 4 years in prison
  • Aggravated offenders (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 offenders (5 or more convictions): Class B felony, 5-15 years in prison

In addition to longer jail or prison terms, repeat offenders often face harsher fine amounts, longer license suspensions or revocations for DWI, and extended periods of probation or parole supervision.

Beyond formal criminal penalties, a felony conviction as a prior and persistent offender often means more serious collateral consequences, like difficulty finding employment, housing, or obtaining professional licenses. Felons also lose gun ownership rights and may be barred from receiving certain government benefits.

How an Experienced Criminal Defense Attorney Can Help

If you’ve been charged with a felony and have prior convictions that might count as “strikes,” your choice of 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, knows the ins and outs of the prior and persistent offender statute, and has a proven track record of success in these high-stakes cases.

At Rose Legal Services, we’ve been passionately advocating for the rights of the accused for over 20 years. Unlike lawyers who merely dabble in criminal defense, we dedicate 100% of our practice to protecting people facing criminal charges and helping them get a second chance. This singular focus allows us to provide the highest level of defense representation.

When we take on a client facing potential “three strikes” sentencing, we:

1. Investigate the validity of the alleged prior convictions
2. Negotiate with prosecutors for reduced charges that fall outside the statute
3. Advocate for dismissal or acquittal whenever possible

Beyond our experience, we pride ourselves on treating clients like family. You’ll have a dedicated team, including two Client Care Specialists, supporting and guiding you. You’ll receive regular updates on your case, access to your attorney, and open communication. We aim to be your trusted advisors and tireless advocates.

Get the Defense You Need Today

Don’t let a prior criminal record and an aggressive prosecutor dictate the rest of your life. If you’re 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 the accused to work for you.