Missouri has five different levels of felony charges and four levels of misdemeanors. While this may sound simple, sentencing guidelines are rather complicated when applied, as circumstances of the case may justify or even require an enhanced sentence. In this short guide, I will explain Missouri’s classification of criminal offenses, enhanced penalties for repeat offenders, and common issues with sentencing. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.

Missouri Felony Classifications

Here is a brief summary of Missouri Felonies, including the maximum term of imprisonment by classification in descending level of severity.

• Class A Felony: at least 10 years and no more than 30 years, or life in prison.
• Class B Felony: at least five and no more than 15 years.
• Class C Felony: at least three and no more than 10 years.
• Class D Felony: no more than seven years.
• Class E Felony: no more than four years.

It is important to note that judges have discretion in tailoring a sentence, taking in consideration the circumstances offense and the offender. For Class E and D Felonies when imprisonment is imposed, the court has the option to sentence the defendant to one year in county jail. All other sentences of imprisonment must be served in a state prison.

Missouri Misdemeanor Classifications

Here is a brief summary of Missouri Misdemeanors, including the maximum term of imprisonment by classification in descending level of severity.

• Class A Misdemeanor: maximum of one year in jail and/or a fine of up to $2,000.
• Class B Misdemeanor: maximum of six months in jail and/or a fine of up to $1,000.
• Class C Misdemeanor: maximum of 15 days in jail and/or a fine of up to $700.
• Class D Misdemeanor: a fine of up to $500.

Offenses such as driving under the influence, drug possession, theft, and harassment/ stalking increase in severity in the event of a subsequent offense.

Missouri Enhanced Offender Statutes

RSMo §558.016 provides that the court may sentence a person who has been found guilty of an offense to a term of imprisonment as authorized by §558.011 or to a term of imprisonment authorized by a statute governing the offense if it finds the defendant is a prior offender or a persistent misdemeanor offender. In general, a prior offender may be sentenced to a more severe penalty.

• Class A Felony: Any sentence authorized for a Class A Felony.
• Class B Felony: Any sentence authorized for a Class A Felony.
• Class C Felony: Any sentence authorized for a Class B Felony.
• Class D Felony: Any sentence authorized for a Class C Felony.

A specific example of this in practice would be the classification and sentencing of subsequent DWI offenders.

Prior DWI Offenders

Missouri law classifies someone that has been previously found guilty of a DWI offense as a prior offender for purposes of sentencing. A prior offender will be charged with a Class A Misdemeanor (instead of a Class B misdemeanor which is a first offense). A Class A misdemeanor may result in a sentence of up to one (1) year in a county jail and a fine of up to $1,000. An individual convicted of a second DWI offense is prohibited from being granted probation until they have served a minimum of ten (10) days in jail or completed 240 hours of community service. 

Persistent DWI Offenders

Missouri law classifies someone that has been previously found guilty of at least two (2) DWI offenses as a persistent offender. A third DWI conviction in Missouri is a Class D Felony which can carry a potential sentence of up to four (4) years in the Missouri Department of Corrections (DOC) and/ or up to five years of probation. A persistent offender will be required to serve at least thirty (30) days in jail or complete 480 hours of community service to be granted probation. 

Aggravated DWI Offenders 

Missouri law classifies someone that has been previously found guilty of four (4) DWI offenses as an aggravated offender. An aggravated DWI offender will be charged with a Class C Felony which carries a sentence of up to seven (7) years in the custody of the Missouri DOC. An individual convicted of a Class C Felony DWI will be required to serve sixty (60) days in custody before they are eligible for probation. 

Chronic DWI Offenders 

Missouri law classifies someone that has been previously found guilty of five (5) or more DWI offenses as a chronic offender. A chronic offender faces a mandatory minimum of two years in the custody of the Missouri DOC before probation may be granted.

Common Issues in Sentencing

Despite what seem to be clear cut guidelines for sentencing, there are many issues that arise with mandatory minimums, guidelines for specific offenses, and when a suspended imposition of sentence is granted.

Mandatory Minimums

Despite the general unpopularity of mandatory minimum sentences, RSMo §558.019 provides that persons with prior prison commitments (excluding 120 day shock time or drug treatment programs) by the Missouri Department of Corrections and serving a sentence for a crime other than a drug offense must serve a minimum amount of their sentence before they may be released.

• Those with one prior commitment must serve at least 40% of their sentence, or reach the age of 70 with 30% of the sentence served.
• Those with two prior commitments must serve at least 50% of their sentence, or reach the age of 70 with 40% of the sentence served.
• Those with three or more commitments must serve at least 80% of the sentence, or reach the age of 70 with 40% of the sentence served.
• Those guilty of a dangerous felony must serve at least 85% of their sentence.

Additionally, there are enhanced minimum sentences for persistent and predatory sexual offenders, prior and persistent domestic violence offenders, prior and persistent drug offenders, and prior, persistent, aggravated, and chronic DWI offenders.

Specific Offense Guidelines

In addition to enhancement of subsequent offenses, certain offenses carry an enhanced sentence due to their nature or other statutory provisions. Some misdemeanors, such as assault crimes or property crimes may be charged as felonies if the defendant was motivated by the victim’s race, religion, national origin, sex, sexual orientation, or disability, irrespective of prior convictions.

Suspended Imposition of Sentence vs Suspended Execution of Sentence

In certain cases, the court may sentence an offender who is eligible for incarceration to a term of probation with a suspended sentence. The best kind is a suspended imposition of sentence which will not result in a conviction on your record if you successfully complete the probationary term. A suspended execution of sentence will result in a conviction, but you will avoid being incarcerated if you satisfy the terms of the probation. Because of this, generally a suspended imposition of sentence cannot be used for enhancement for a subsequent offense, but a suspended execution of sentence can.

The Takeaway



Despite a grim outlook, it is not impossible to beat a criminal charge. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.