Missouri Criminal Law

Missouri criminal law and procedure is detailed in a series of codes contained in the Missouri Revised Statutes. The following is a discussion of common issues in Missouri criminal law. For more detailed information, or if arrested and charged with a crime in Missouri, contact a Missouri criminal defense attorney.

Drug Possession in Missouri

Missouri drug statutes divide punishments by the type of drug, the quantity of the drug, and the nature of the possession.

• Possession offenses in Missouri: make it unlawful for possession of any quantity of drugs. A defendant convicted of possessing any quantity of a narcotic or more than a small amount of marijuana is guilty of a felony punishable by up to ten years and a fine up to $5,000.
• Distribution offenses in Missouri: occur when a defendant is convicted of selling a drug or possessing a quantity sufficient for a charge of possession with intent to distribute. Distribution of narcotics or marijuana is a felony punishable by a possible 10 – 20 years in jail and a fine up to $5,000.
• Trafficking offenses in Missouri: are the most serious drug offense, and can arise when a defendant is arrested with a large quantity of drugs that indicates more serious activity than distribution of the drug. Trafficking penalties can range from ten years to over 20 years depending on the drug and the quantity

There are many factors that determine punishment in Missouri. For specific information on a case, or if arrested on a drug charge in Missouri, contact a Missouri criminal lawyer.

Assault in Missouri

Missouri assault charges encompass what many people think of when they hear the term "assault and battery." Assault crimes in Missouri are divided into three degrees:

• 3rd Degree Assault in Missouri: occurs when an assailant causes fear of imminent harm,attempts to cause or recklessly causes physical injury to another, or negligently causes injury with a weapon.
• Third degree assault in Missouri is a misdemeanor punishable by 30 days to six months in jail and/or a fine up to $1,000.
• 2nd Degree Assault in Missouri: examples of second degree assault are incidents when an assailant attempts to cause or does cause injury with a deadly weapon, recklessly causes serious injury to another, or attempts to kill or knowingly causes serious injury to another in a heat of passion.
• Second degree assault in Missouri is a felony punishable by up to ten years in jail and a fine up to $5,000.
• 1st Degree Assault in Missouri: occurs when an assailant attempts to kill another, or intentionally and knowingly causes another serious physical injury.
• First degree assault in Missouri is a felony punishable by over 20 years in prison.

For specific information on a particular assault incident, or if arrested for assault in Missouri, contact a Missouri criminal defense attorney.

Missouri Drunk Driving – DUI

A first time DUI offender in Missouri faces consequences such as a possible jail sentence up to six months, a fine, license suspension or restrictions from 30 – 60 days, increased insurance requirements, an assortment of fees, and a possible requirement of an ignition interlock device on the car. For specific information on a DUI charge, or if arrested for a DUI in Missouri, contact a Missouri DUI attorney.

Right to a Jury in Missouri

Missouri provides defendants with the right to be tried before a jury. A defendant may waive this right in writing or orally before the court. For misdemeanors and other petty crimes unless a defendant objects and demands a jury trial a judge will try the case without a jury.

Trial Date in Missouri

A Missouri defendant has a right to a speedy trial, but Missouri statutes do not specify the time frame in which a date must be set. If a defendant requests a speedy trial, the court will set the case for as soon as possible. Either party in a Missouri criminal trial may request a continuance, and it will be granted upon a showing of good cause.

Sentence Review / Appeals in Missouri

Following a conviction, a Missouri defendant may make a motion to the trial court for a new trial on the basis of specific errors in the trial or judgment. A defendant may also appeal to overturn a conviction or sentence alleging errors in the trial or judgment. Motions for new trial and appeals require timely attention to procedure and detail; contact a Missouri defense attorney for more information.

Missouri Criminal Law and Procedure Statutes

Click here for the Missouri Revised Statutes:

1. Drug Possession in Missouri
1. Missouri Revised Statutes, Title XII: Public Health and Welfare, Chapter 195 §§ 202, 211, 222, 223
2. Assault in Missouri
1. Missouri Revised Statutes, Title XXXVIII: Crimes and Offenses, Chapter 565 §§ .050, .060, .070
3. Missouri Drunk Driving – DUI
1. Missouri Revised Statutes, Title XXXVIII: Crimes and Offenses, Chapter 577 § .010
4. Right to a Jury in Missouri
1. Missouri Revised Statutes, Title XXXV: Civil Procedure and Limitations, Chapter 510 § 190
5. Trial Date in Missouri
1. Missouri Revised Statutes, Title XXXVII: Criminal Procedure, Chapter 545 §§ 710, 780
6. Sentence Review / Appeals in Missouri
1. Missouri Revised Statutes, Title XXXVII: Criminal Procedure, Chapter 547 §§ .030, .090