Dangerous Felonies in Missouri
In Missouri, certain felony offenses are given the special designation of “dangerous felony.” Being charged with a dangerous felony can have significant consequences, including (depending on the offense) longer prison sentences, ineligibility for probation, and ineligibility for parole or conditional release until a high percentage of the sentence has been served.
If you or a loved one has been charged with a dangerous felony in Missouri, it’s critical to understand exactly what crimes fall under this category and the potential penalties involved. Having this information can help you make informed decisions about your case and choose the right defense attorney to protect your rights.
At Rose Legal Services, we defend clients accused of dangerous felonies and other serious crimes in Missouri. We know how overwhelming it is to face charges of this magnitude. While every case is different, this article breaks down the key things to know about dangerous felonies under Missouri law.
What Makes a Crime a "Dangerous Felony"?
The term “dangerous felony” is defined in Section 556.061 of the Missouri Revised Statutes. This statute lists over 30 specific crimes that are categorized as dangerous felonies.
The common thread is that dangerous felonies are some of the most serious offenses a person can be charged with under Missouri law. Most of them are violent crimes against persons.
Crimes Classified as Dangerous Felonies in Missouri
Under Section 556.061, dangerous felonies include:
- Murder 2nd Degree
- Assault 1st Degree and Assault 2nd Degree of a Special Victim
- Kidnapping 1st Degree and Kidnapping (except by parent)
- Rape 1st Degree and Attempted Rape 1st Degree resulting in physical injury
- Sodomy 1st Degree and Attempted Sodomy 1st Degree resulting in physical injury
- Robbery 1st Degree
- Arson 1st Degree
- Domestic Assault 1st Degree
- Elder Abuse 1st Degree
- Statutory Rape 1st Degree of a Child Under 12
- Statutory Sodomy 1st Degree of a Child Under 12
- Child Molestation 1st and 2nd Degree
- Child Abuse Resulting in Death
- Parental Kidnapping of 120 days or More
- Armed Criminal Action
- Vehicle Hijacking when punished as a Class A Felony
- “Habitual” intoxication-related traffic or boating offenses
- Conspiracy to commit any of the above dangerous felonies
- And other specified crimes
Essentially, if you are convicted of committing or attempting any of the crimes on the dangerous felony list, you will face enhanced charges and penalties compared to “regular” felony offenses.
Penalties for Dangerous Felony Convictions
The prison sentences and other penalties for dangerous felonies vary depending on the specific offense and circumstances of the case. However, convictions for dangerous felonies generally carry the most severe sentences available under Missouri law.
Convictions for second-degree murder, first-degree assault, first-degree robbery, and similar dangerous felonies carry 10 to 30 years of life in prison.
Also, under Section 558.016.7, courts are required to sentence a “dangerous offender” to the authorized term of imprisonment for an offense that is one class higher than the offense for which the person is found guilty. A “dangerous offender” is a person who (1) is being sentenced for a felony during the commission of which he knowingly murdered, endangered, or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person, and (2) has previously been found guilty of a Class A or B Felony or a “dangerous felony.”
Ineligibility for Probation
Aside from longer prison terms, another key difference for some dangerous felonies is that probation is not allowed. The court cannot suspend the imposition of a sentence or allow probation instead of prison time. Specifically, under Section 557.045, a person convicted of Murder 2nd Degree, when the person knowingly caused the death of another person or, with the purpose of causing serious physical injury to another person, caused the death of another person, is ineligible for probation.
Likewise, any person who is convicted of a “dangerous felony” who has been previously found guilty of a Class A Felony, Class B Felony, or a “dangerous felony,” is ineligible for probation. Moreover, a person convicted of a “dangerous felony” where the commission of the felony involves the use of a deadly weapon is ineligible for probation. Finally, a person convicted of a “dangerous felony” where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties is ineligible for probation.
Ineligibility for Parole Until 85% of the Sentence has been Served
The most significant consequence of being found guilty of a “dangerous felony” under Missouri law is that, for most offenses and most defendants, the offender will be required to serve 85% of his or her sentence before being eligible for parole or conditional release. Inmates at the Department of Corrections serving a sentence for a “dangerous felony” who have reached 70 years of age are required to serve 40% of their sentence before being eligible for parole or conditional release. These requirements are set forth in Section 558.019.3. Almost all “dangerous felonies” are subject to this requirement.
Defenses to Dangerous Felony Charges
Being charged with a dangerous felony doesn’t mean you will automatically be convicted. However, you need an experienced criminal defense attorney to build the strongest possible case for your freedom.
Some common defenses against dangerous felony charges include:
- Mistaken identity
- Lack of intent or knowledge
- Actual innocence
- Self-defense or defense of others
- Alibis and witness testimony
- Violations of constitutional rights by police
- Insufficient evidence to meet the burden of proof
- Negotiating a plea to a lesser offense
Often, a key strategy in these types of cases is to obtain either an acquittal to the “dangerous felony” or an amendment from a “dangerous felony” to an offense that is not a “dangerous felony.” Even if the defendant is still found guilty of other offenses, and even if the defendant must serve a prison sentence, avoiding a conviction on a “dangerous felony” will greatly benefit the defendant.
The key is to have a skilled criminal defense attorney thoroughly investigating your case, poking holes in the prosecution’s evidence, and advocating for your rights in court. In a dangerous felony case, your criminal defense lawyer’s abilities and dedication can make the difference between years in prison and your freedom.
Get Help from a Proven Missouri Criminal Defense Law Firm
When you’re facing possible life in prison for a dangerous felony charge, you cannot afford to take chances with your defense. You need a law firm with a track record of success handling these most serious of cases.
At Rose Legal Services, we defend the accused and advocate for justice, one client at a time. Founded by attorney W. Scott Rose, our criminal defense team knows what it takes to defend you against dangerous felony charges in Missouri. We bring extensive experience, personalized service, and strong advocacy to every case.
If you or a family member has been charged with a dangerous felony, the sooner you get an experienced lawyer involved, the better your chances of beating the charges and avoiding a conviction.
Contact Rose Legal Services today for a confidential consultation. Let us put our proven approach to work for you.
