How Missouri Weapon Enhancements Can Add Years to Potential Penalties

Weapons enhancements can drastically increase the consequences of a criminal charge in Missouri. What starts as a lower-level offense can quickly escalate, with added prison time and more aggressive prosecution. These enhancements often shift the entire strategy of a case.

At Rose Legal Services, we understand how prosecutors use allegations about weapons to raise the stakes. Our team has handled thousands of cases throughout Missouri and brings a focused, informed approach to defending against enhanced charges.

Missouri’s Unlawful Use of Weapons Statute

Under RSMo § 571.030, Missouri law defines numerous ways a person can be charged with Unlawful Use of Weapons. A person commits this offense if they knowingly:

• Carry concealed a firearm or other weapon readily capable of lethal use into any area where firearms are restricted
• Possess a firearm while intoxicated
• Discharge or shoot a firearm within 100 yards of any occupied schoolhouse, courthouse, or church building
• Carry a firearm or other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored by a school
• Possess a firearm while also possessing a controlled substance

Unlawful Use of Weapons can be charged as misdemeanor or felony depending on the circumstances of the case.

How Weapons Elevate Other Criminal Charges

The presence of a weapon doesn’t just result in separate charges – it fundamentally alters how Missouri law treats the underlying offense. This enhancement occurs across multiple categories of crimes.

Assault Charges Become More Serious

Under RSMo § 565.056, Assault in the Fourth Degree – which includes attempting to cause or recklessly causing physical injury – is typically a Class A misdemeanor. However, when criminal negligence causes physical injury by means of a firearm, this same conduct becomes part of the assault statute’s enhanced provisions.

More significantly, RSMo § 565.052 establishes Assault in the Second Degree, which specifically includes “attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument.”

This transforms what might have been a misdemeanor assault into a Class D felony, carrying up to seven years in prison. If the victim is a special victim as defined under Missouri law, it becomes a Class B felony with a potential 15-year sentence.

Domestic Violence Cases

The involvement of a weapon particularly complicates domestic violence cases. Under RSMo § 565.073, Domestic Assault in the Second Degree includes “knowingly caus[ing] physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument.” This is automatically a Class D felony.

Drug Crimes and Firearm Possession

Federal and state prosecutors take the combination of drugs and guns extremely seriously. Possessing a firearm while also possessing controlled substances violates both state and federal law. Under Missouri law, this combination can result in Unlawful Use of Weapons charges. Federal prosecutors may also pursue charges under 18 U.S.C. § 924(c), which carries mandatory minimum sentences that run consecutive to any other sentence.

The Armed Criminal Action Enhancement

Perhaps the most severe weapon-related enhancement in Missouri law is Armed Criminal Action under RSMo § 571.015. This statute applies when someone commits any felony while using a dangerous instrument or deadly weapon

Armed Criminal Action carries mandatory minimum sentences:

• First offense: minimum three years in prison (no probation or parole)
• Second offense: minimum five years in prison
• Third or subsequent offense: minimum ten years in prison

Also, if the person is in possession of the weapon unlawfully, the mandatory minimum is five years. These sentences run consecutively, meaning back-to-back, with any sentence for the underlying felony. For example, if someone receives five years for the underlying felony and the three-year minimum for Armed Criminal Action, they face eight years total.

Felon in Possession of a Firearm

Under both Missouri and federal law, individuals with felony convictions face severe restrictions on firearm possession. RSMo § 571.070 makes it a Class C felony for anyone convicted of a felony to possess a firearm.

These charges often accompany other criminal allegations. If someone with a prior felony conviction is arrested for a new offense and found with a firearm, they face both the new charges and the felon-in-possession charge, dramatically increasing their potential sentence.

Constitutional Considerations and Defenses

Despite the severity of weapons charges, constitutional protections still apply. The Second Amendment provides some protection for lawful firearm possession, though courts balance this against public safety concerns. Recent Supreme Court decisions have expanded Second Amendment protections, potentially affecting how certain weapons charges are prosecuted.

Common defenses in weapon cases include:

1. Unlawful Search and Seizure: If police violated the Fourth Amendment when discovering the weapon, the evidence might be suppressed.
2. Lack of Knowledge: Some weapons charges require knowing possession. If someone genuinely didn’t know a weapon was present, this could serve as a defense.
3. Justification: Missouri’s self-defense and defense of property laws may justify the possession or use of a weapon in certain circumstances.
4. Constitutional Challenges: Particularly for felon-in-possession cases, constitutional arguments about the scope of firearm restrictions continue to evolve.

Why Legal Representation Matters in Weapons Cases

Weapons charges add layers of complexity to criminal cases. Prosecutors may use these charges as leverage in plea agreements, and judges take the issue seriously at sentencing. The intersection of state and federal law means defendants might face prosecution in either or both systems.

At Rose Legal Services, our attorneys understand these complexities. We examine every aspect of weapons charges, from the initial stop or search to the constitutional implications of the charges. We know that weapons enhancements can turn a manageable case into one with severe mandatory minimums, making skilled representation essential.

Our team investigates whether the weapon was actually possessed, whether the possession was knowing, and whether constitutional defenses apply. We may negotiate with prosecutors who might be willing to dismiss weapons enhancements in exchange for pleas to other charges. We also take cases to trial when needed, challenging the evidence and presenting strategic, persuasive defenses.

Taking Action When Facing Weapons Charges

If you’re facing criminal charges involving a weapon in Missouri, immediate action is important. The combination of underlying charges and weapons enhancements can result in decades of potential prison time. Early intervention by experienced counsel can sometimes prevent charges from being filed or result in charges being filed without weapons enhancements.

1. Don’t discuss your case with anyone except your attorney.
2. Don’t consent to searches.
3. Don’t try to explain your side of the story to police.

These cases are too serious to handle without professional legal representation, so typically, judges do not allow defendants to proceed in court without an attorney, and you should never talk to the police without an attorney present.

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. We’ve helped many Missourians facing serious charges, including those involving weapons. We understand the fear and uncertainty these charges bring, and we’re here to provide the knowledgeable, passionate representation you need.

Contact Rose Legal Services today to schedule your consultation. Learn how our team can work to protect your rights and your future when facing weapon-related criminal charges.

Your defense starts with a conversation.