Felony Lawyer in Union, MO
Missouri sorts felonies into five classes, and the letter on your charging paperwork sets the range of punishment the law allows. For most people facing a felony, that's the first of many questions. What about jail? Is probation possible? What happens to my record, and what do these bond conditions mean? Schmanke Law Firm defends people charged with felonies in Union and the surrounding area, as part of a criminal defense practice that also handles bond and probation matters.
What the class on your charge means
| Class | Authorized prison term | Maximum fine |
|---|---|---|
| Class A | 10 to 30 years, or life | Set by the offense |
| Class B | 5 to 15 years | Set by the offense |
| Class C | 3 to 10 years | Up to $10,000 |
| Class D | Up to 7 years | Up to $10,000 |
| Class E | Up to 4 years | Up to $10,000 |
Missouri's general felony ranges are set by statute.
For Class D and E felonies, a judge also has the option of a jail term of up to one year in the county jail instead of a prison sentence.
These are the ranges the law provides. They aren't a prediction. Many felony cases can end with probation, a lesser charge, or a sentence well below the top of the range, and some end in dismissal.
A few things can change how the chart applies. Some offenses have their own sentencing rules written into the statute that defines them. A prior felony record can also matter, because Missouri law allows a person found to be a persistent offender to be sentenced within the range for the next higher class.
How a felony differs from a misdemeanor
The main difference is the possible punishment. Missouri misdemeanors carry a maximum of one year in the county jail. Felonies can mean prison, and a felony conviction generally carries more lasting consequences than a misdemeanor.
The same conduct can sometimes be charged either way, depending on things like the value of property involved or a person's prior record. If your charge is a misdemeanor, our Misdemeanor Defense page covers those cases.
How a felony case usually moves through court
Not every case follows the same path, but most go through a similar sequence. A felony case starts with either an arrest or a summons to appear. The first court appearance is usually brief. The judge confirms who you are, makes sure you know the charge, and addresses bond.
Before a felony can go to trial, the prosecutor has to formally bring the charge in circuit court. In many cases that happens after a preliminary hearing, where a judge decides whether there's enough evidence for the case to go forward. Some cases are brought by grand jury indictment instead.
After that, the defense gets access to the evidence, such as police reports, recordings, lab results, and witness statements. This stage is called discovery, and it often takes the most time. Motions may be filed and argued. The prosecutor may make a plea offer.
Most cases end in one of three ways. The charge may be dismissed. You may accept a plea agreement. Or the case may go to trial. If there's a guilty plea or a guilty verdict, the prosecuting attorney may recommend a sentence. If the case goes to trial and results in a guilty verdict, the judge determines the sentence.
If you already have a court date or bond conditions
Go to every court date. Missing one can lead to a warrant for your arrest and can make bond harder to get later. Follow your bond conditions exactly as written, even if they seem unreasonable. If a condition is causing a real problem, such as a restriction that interferes with your job, it can be raised with the court through your attorney. You can read more about bond and probation matters on our Criminal Defense page.
What your lawyer does on a felony case
After you hire Paul for a felony case, much of the early work is reading. He reviews the charging documents and the evidence the state turns over, and he talks with you about what happened and what the reports leave out.
From there, Paul looks for problems in the state's case. That might be a search that wasn't legal, a statement taken in violation of your rights, a witness whose account doesn't match the physical evidence, or a charge that doesn't fit the facts. Some of those issues lead to motions. Others matter in negotiations or at trial.
Paul also deals with the prosecutor on your behalf. When there's a plea offer, he'll explain what it means in plain terms, including the likely sentence and how it would show up on your record, so you can decide whether to take it. Whether to plead guilty is your decision.
If the case goes to trial, Paul prepares for it. That means building the cross-examination of the state's witnesses, preparing any witnesses of your own, and handling jury selection.
Not every case involves every one of these steps. And hiring a lawyer doesn't guarantee a particular result. What it does mean is that Paul is reading the evidence closely, explaining what he sees, and giving you straight answers about your options.
Frequently Asked Questions
Can felony charges be dropped?
Prosecutors do dismiss felony charges, and judges sometimes dismiss them on motion. It happens for different reasons. Evidence may turn out weaker than it first appeared, key evidence may be excluded, or a witness may be unavailable. Nobody can honestly promise a dismissal at the start of a case. Whether it's realistic usually becomes clearer after the evidence has been reviewed.
Can a felony be reduced to a misdemeanor?
Sometimes. A felony charge may be amended to a misdemeanor as part of a plea agreement, or because the facts don't support the felony. Whether that's possible depends on the offense, the evidence, your record, and the prosecutor's position. Some charges are rarely reduced.
Can you get probation for a felony in Missouri?
Many felonies are eligible for probation. Missouri law allows a judge to suspend a sentence and place a person on probation, usually for one to five years on a felony. Some offenses and some prior records limit or rule out probation.
Missouri also has what's called a suspended imposition of sentence, or SIS. With an SIS, the judge doesn't enter a sentence and places you on probation. If probation is completed successfully, an SIS is generally not treated as a conviction under Missouri law. It isn't available in every case.
What happens if this is my first felony charge?
Having no prior record can make a difference. Judges and prosecutors often consider it when looking at plea offers, probation, and sentencing, and having no prior felonies keeps the enhanced-range rules for prior and persistent offenders from applying. It doesn't decide the outcome by itself, though. The seriousness of the charge and the facts of the case still matter a great deal.
Can a felony be expunged in Missouri?
Some can. Missouri law allows certain felony records to be expunged after a waiting period if the person meets the statute's other requirements. Many offenses are excluded, including Class A felonies, dangerous felonies, felony assaults, and offenses that require sex offender registration. There are also limits on how many expungements a person can receive. A felony that isn't expunged generally stays on your record. Whether a particular conviction qualifies depends on the offense and your full history.
Talk With a Felony Lawyer in Union
If you've been charged with a felony or expect to be, schedule a free consultation at our Union office at 301 East Main Street. Appointments are also available at our Owensville office. Bring any paperwork you've received, including bond conditions and court dates.