Sunset Hills Felony Defense Attorney

Missouri Felony Classifications — Updated for 2026

Missouri classifies felonies into five classes under §558.011, RSMo.¹ Under SB 888, signed by Governor Kehoe in April 2026, mandatory minimum percentages are now codified in statute for every felony class — meaning the minimum time a convicted defendant must serve before any parole eligibility is law, not just Department of Corrections policy:²

The Dangerous Felony Designation — 85% Mandatory Minimum

Certain felonies carry a “dangerous felony” designation under §556.061(19), RSMo — requiring 85% of the sentence to be served before parole eligibility.³ No good time credit. No early release. No reduction for program completion. A 15-year sentence on a dangerous felony means 12 years and 9 months minimum before any parole consideration. A 30-year sentence means 25 years and 6 months.

Dangerous felonies in Missouri include: murder in the second degree, assault in the first degree, domestic assault in the first degree, robbery in the first degree, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, burglary in the first degree, Armed Criminal Action, and drug trafficking at the Class A or B level.³ Under SB 888, several additional offenses were added to the dangerous felony list — including sexual trafficking of a child in the first and second degree, and endangering the welfare of a child in the first degree.²

Prior and Persistent Offender Enhancements

Missouri’s prior and persistent offender statutes under §558.016 allow prosecutors to seek enhanced sentencing based on prior felony convictions.⁴ A prior offender — one prior felony conviction — faces the sentencing range of the next higher felony class. A persistent offender — two or more prior felony convictions — faces the range two classes higher.⁴ A Class D Felony with a 7-year maximum can become a Class B exposure of 5 to 15 years. Experienced defense attorneys examine every prior conviction record for accuracy, challenge improper enhancements, and contest convictions that do not legally qualify as predicates.

Types of Felony Cases We Handle in Sunset Hills

Drug Felonies

Drug offenses constitute a significant share of felony filings in St. Louis County. Possession of a controlled substance is a Class D Felony.⁵ Possession with intent to distribute is a Class C Felony.⁶ Trafficking — triggered by substance-specific weight thresholds — is a Class B or Class A dangerous felony.⁷ Manufacturing methamphetamine or fentanyl is automatically a Class B dangerous felony.⁸ Drug felonies are among the most defensible cases in the 21st Circuit — Fourth Amendment challenges, constructive possession arguments, weight disputes, and Drug Court diversion all create paths to reduced charges or dismissal.

Violent Felonies

Assault, robbery, kidnapping, and other violent offenses carry some of the most severe penalties in Missouri’s criminal code. First-degree assault is a Class B/A dangerous felony.⁹ Robbery in the first degree is a Class A/B dangerous felony.¹⁰ When a weapon is involved, Armed Criminal Action adds a mandatory consecutive sentence with no probation.¹¹ Self-defense, eyewitness identification challenges, charge classification disputes, and ACA elimination are central to violent felony defense.

Weapons Felonies

Weapons charges range from Class E (unlawful use of a weapon) to Class B with mandatory minimums (enhanced shooting offenses). Armed Criminal Action — which attaches to any felony involving a weapon — adds mandatory consecutive prison time with its own 85% dangerous felony requirement.¹¹ Felon-in-possession charges escalate based on prior violent history and carry federal prosecution risk under 18 U.S.C. §922(g).¹²

Sex Offense Felonies

Sex crime convictions carry prison time plus mandatory sex offender registration under §589.400, RSMo, which lasts 15 years, 25 years, or a lifetime depending on the offense and tier classification.¹³ The collateral consequences of sex offender registration — residency restrictions, employment limitations, public notification — are among the most severe in Missouri’s criminal code.

DWI Felonies

Missouri’s DWI offender classification system produces felony charges at the persistent offender level (two prior alcohol-related contacts) and above.¹⁴ Persistent DWI is a Class E Felony. Aggravated is Class D. Chronic is Class C with a 2-year mandatory minimum. Habitual offender is Class B — 5 to 15 years with a 5-year mandatory minimum.¹⁴

Property Felonies

Felony stealing (over $750), burglary, robbery, arson, and major property damage all carry felony-level penalties. First-degree burglary is a Class B dangerous felony.¹⁵ Robbery in the first degree is a Class A/B dangerous felony.¹⁰

Felony Defense Strategies in the 21st Circuit

Preliminary Hearing

Missouri law requires a preliminary hearing or grand jury indictment before a felony case proceeds to Circuit Court. The preliminary hearing is the first opportunity to cross-examine the State’s witnesses under oath and expose weaknesses in the case before they have been fully prepared for trial testimony. A strong preliminary hearing can lead to charge reductions, dismissals, or a significantly more favorable negotiating position.

Suppression Motions

Fourth Amendment challenges to unlawful searches and seizures are critical in drug, weapons, and property felony cases where physical evidence is the foundation of the prosecution. Suppression of key evidence frequently results in charges being dismissed or reduced when the State cannot prove its case without the suppressed material.

Suspended Imposition of Sentence (SIS)

For eligible felonies, an SIS allows a defendant to plead guilty, complete probation, and have the guilty plea set aside — meaning no felony conviction appears on the record. This is one of the most powerful sentencing tools in Missouri criminal defense and preserves employment opportunities, firearm rights in most cases, and professional licensing eligibility.¹⁶ Not every felony qualifies, and not every judge grants it — but experienced defense counsel knows when to pursue it and how to present the case for it.

120-Day Program

Under §559.115, RSMo, certain felony defendants can serve a short period of shock incarceration (typically 120 days in the Department of Corrections) followed by release to supervised probation.¹⁷ Available for drug offenses and many nonviolent felonies.

Negotiation and Charge Reduction

Effective plea negotiation — reducing charges, eliminating enhancements, securing probationary sentences instead of prison — requires an attorney who understands the strengths and weaknesses of both the State’s case and the defense. Negotiating the dismissal of an Armed Criminal Action enhancement, for example, can reduce sentencing exposure by years or decades and can mean the difference between a probationary sentence and mandatory prison time.

Trial

When the evidence is insufficient, when witnesses are unreliable, or when the facts support a complete defense, Rose Legal Services takes cases to trial. Jury trials in the 21st Circuit are a routine part of this practice — not an extraordinary last resort.

Flat-Fee Felony Defense in Sunset Hills

Rose Legal Services provides flat-fee pricing for felony defense at every level — from Class E through Class A, including dangerous felonies. Our attorneys practice in the 21st Circuit (St. Louis County, Clayton), 22nd Circuit (St. Louis City), 23rd Circuit (Jefferson County), 11th Circuit (St. Charles County), and the U.S. District Court for the Eastern District of Missouri. Flexible payment plans available.

Free consultations 24/7. Call Rose Legal Services. The defense starts with a conversation.

References

1. §558.011, RSMo [Authorized terms of imprisonment — felony classes A through E, fines].
2. §558.019, RSMo; SB 888 (2026) [Mandatory minimum percentages by felony class codified in statute; new offenses added to dangerous felony list].
3. §556.061(19), RSMo [Dangerous felony list — 85% mandatory minimum before parole].
4. §558.016, RSMo [Prior and persistent offender enhancements].
5. §579.015, RSMo [Possession of controlled substance — Class D Felony].
6. §579.020, RSMo [Delivery of controlled substance — Class C Felony].
7. §579.065, RSMo [Drug trafficking first degree — Class B/A dangerous felony].
8. §579.055, RSMo [Manufacturing — Class B dangerous felony for meth/fentanyl].
9. §565.050, RSMo [Assault in the first degree — Class B/A dangerous felony].
10. §570.023, RSMo [Robbery in the first degree — Class A/B dangerous felony].
11. §571.015, RSMo [Armed Criminal Action — mandatory consecutive sentence, dangerous felony].
12. 18 U.S.C. §922(g); §571.070, RSMo [Felon in possession — federal and state].
13. §589.400, RSMo [Sex offender registration — SORA tiers].
14. §577.010, RSMo [DWI — offender classification system, mandatory minimums].
15. §569.160, RSMo [Burglary in the first degree — Class B dangerous felony].
16. See Missouri practice re: suspended imposition of sentence (SIS) — §557.011, RSMo.
17. §559.115, RSMo [120-Day Program — shock incarceration, release to probation].