Criminal Defense Attorney in Chesterfield, MO

Facing the possibility of criminal charges can be a stressful and overwhelming situation. After all, knowing what to expect from the criminal process can raise several questions. If you find yourself in need of a criminal defense attorney, I am here to offer my experience as a lawyer and law enforcement officer, so reach out to me today. I strive to help my clients know what they can expect from the criminal process in Chesterfield, Missouri, and neighboring areas, including Cottleville, and throughout St. Louis County and Charles County.  

Misdemeanor Charges in Missouri 

In general, misdemeanor charges are considered the least serious in Missouri. Misdemeanor charges carry a prison term of under a year. They also include a fine. There are four types of misdemeanor charges in Missouri. They range from Class A to Class D, with Class A being the most serious and Class D being the least serious. 

Class A Misdemeanor 

A Class A misdemeanor includes charges for fourth-degree assault, harassment, second-degree sexual abuse, and rioting. These charges carry a maximum one-year prison sentence and a $2,000 fine. 

Class B Misdemeanor 

A Class B misdemeanor includes charges for DWI (driving while intoxicated), public intoxication, and identity theft. These charges carry a maximum six-month prison term and a $1,000 fine. 

Class C Misdemeanor 

Class C misdemeanors include littering, refusal to disperse, and animal neglect. These charges come with a maximum 15-day prison term and a $750 fine. 

Class D Misdemeanor 

Class D misdemeanors have no jail term and a maximum $500 fine. These misdemeanors include driving with a revoked license, illegal possession of drug paraphernalia, or a minor in possession of alcohol. 

Depending on the nature of the situation, an experienced criminal defense attorney can work with prosecutors to get charges reduced or even dismissed, especially for first-offenders. 

Felony Charges in Missouri 

Felony charges refer to serious situations such as violent crimes, sex crimes, domestic violence, and drug crimes. In Missouri, felony charges with at least a one-year prison term and other lesser charges. However, it is possible to get probation instead of prison time, depending on the nature of the situation. 

There are five felony types in Missouri. They range from Class E, the lowest, to Class A, the most serious. Let’s take a look at the felony classes in Missouri. 

Class E Felony 

A Class E felony comes with a maximum four-year prison term. This prison term can be served in a county jail. Class E felonies include violent crimes (assault), involuntary manslaughter (i.e., in a traffic accident), and common-law robbery. 

Class D Felony 

A Class D felony carries a maximum seven-year prison term. This prison term can also be served in a county Jail. Class D felonies in Missouri include second-degree assault, second-degree statutory rape, and illegal possession of a firearm by a felon. 

Class C Felony 

A Class C felony carries a minimum three-year prison term and a maximum ten-year prison term. Class C prison terms are served in state prison. Here is a look at Class C felony charges: election charges, fraud (i.e., writing a bad check), illegal use of a weapon, second-degree domestic violence, aggravated DWI, or sale of drugs without a license. 

Class B Felony 

A Class B felony has a minimum five-year prison term and a maximum 15-year jail sentence. This term is served in state prison. Class B felonies include voluntary manslaughter, first-degree abortion, first-degree burglary, first-degree domestic violence, bus hijacking, second-degree drug trafficking, and first-degree promotion of prostitution. 

Class A Felony 

Class A felonies have a minimum ten-year prison term of up to 30 years or life in prison. This sentence must be served in state prison. Here are the charges included in Class A felonies: murder, first-degree robbery, and first-degree kidnapping. 

A professional criminal defense attorney can work with prosecutors to reduce charges or get probation instead of prison. Hiring an experienced criminal defense attorney who understands the criminal process can help clients stay out of further trouble down the road. 

The Criminal Process in Missouri 

Here is what charged individuals can expect when going through the criminal process in Missouri: 

• Arrest and complaint. First, the suspected individual is arrested on formal charges due to a written complaint. A prosecuting attorney files the complaint to obtain an arrest warrant from a judge. 

• Preliminary hearing. Then, the arrested individual goes to court for a preliminary hearing. At the preliminary hearing, the prosecution must present evidence to show probable cause. If the judge agrees, the case goes to trial. The case may be dismissed if the judge finds insufficient evidence to establish probable cause. In that situation, the arrested individual is released. 

• Grand Jury. A grand jury may replace the preliminary hearing in specific circumstances. In a grand jury, 12 grand jurors hear the prosecution’s case. The trial continues if the grand jury agrees with the prosecution’s case. Otherwise, the charges may be dismissed. Grand jury proceedings are closed to the public. Charged individuals do not attend. Only their attorneys. 

• Arraignment. Next, arraignment is the presentation of formal charges against an individual. The charged individual enters a plea, guilty or not guilty. The case then moves to trial. 

• The trial. A formal jury trial consists of the prosecution and defense present their arguments. The jury determines if the defendant is guilty or not. In case of a not guilty verdict, the defendant is released. In case of a guilty verdict, the defendant must attend a special hearing for sentencing. 

• Appeal. Convicted individuals have a right to an appeal. An appeal takes the original verdict and sentence to a higher court for revision. Generally speaking, appeals are based on violation of due process or the defendant’s rights. While appeals rarely overturn verdicts or sentences, an appeals court may reduce a sentence or order a re-trial. 

Please note that a professional criminal defense attorney can help misdemeanor cases avoid going to trial altogether. In felony cases, an experienced criminal defense attorney may be able to get probation instead of a prison term, depending on the circumstances. 

Finding the Right Criminal Defense Attorney in Missouri 

At Walker Law, LLC, I pledge to help my clients to the best of my abilities. I offer professional criminal defense advice with a human touch as I strive to defend my clients’ right to a fair defense. Reach out today to get legal advice to work with you.