Misdemeanor Lawyer in Union, MO
A misdemeanor is a lower level of charge than a felony. It's still a criminal case, with a court date, possible jail time, and a record to think about. Schmanke Law Firm represents people charged with misdemeanors in Union and the surrounding area. The firm's criminal defense practice also covers DWI, traffic, bond, and probation matters, so related issues don't have to go to a different office.
What the class on your charge means
| Class | Maximum jail term | Maximum fine |
|---|---|---|
| Class A | 1 year | $2,000 |
| Class B | 6 months | $1,000 |
| Class C | 15 days | $750 |
| Class D | No jail | $500 |
These are the ranges the law provides. They describe the range, not the likely result. Many misdemeanor cases end with a fine, probation, an amended charge, or a dismissal, and jail time is not the typical outcome for most charges.
A few offenses defined outside Missouri's main criminal code carry their own penalties rather than following this chart. If your paperwork doesn't list a class, that's something to ask about.
Misdemeanor or felony
The line in Missouri is the possible punishment. A misdemeanor carries at most one year in the county jail. A felony can carry more than a year and may mean prison.
Some conduct can be charged either way depending on the facts, such as the value of property involved or a person's prior record. If you've been charged with a felony, see our Felony Defense page. Many DWI charges are misdemeanors too, and those are covered on our DWI page.
What happens after you're charged
Most misdemeanor cases start with a summons, a ticket, or an arrest followed by release. The paperwork lists the charge and a court date.
At the first appearance, the court makes sure you know what you're charged with and asks how you plead. A not-guilty plea at this stage is common. It doesn't lock you into a trial. It keeps your options open while the evidence is reviewed.
After that, the case moves at the pace of the evidence. The defense gets the police reports, recordings, and other material the state is relying on. Your lawyer and the prosecutor may talk about how the case could be resolved. Motions may be filed if there's a legal problem with the evidence. Most misdemeanor cases end with a dismissal, a plea agreement, or a trial. The case may take several court dates to get there.
If you already have a court date
Write down the date, the time, and which court it's in. Keep the paperwork that lists your charge and any conditions of release.
Go to every court date unless the court or your lawyer tells you otherwise in writing. Missing court can lead to a warrant for your arrest and makes the rest of the case harder. If you have bond conditions, follow them as written. Problems with a condition should be raised with the court, not handled by ignoring it. Our Criminal Defense page has more on bond and probation matters. If your first court date is soon, it's worth talking to a lawyer before it.
What your lawyer does with the evidence
Paul's first job is to find out what the state actually has. He gets the charging documents and requests the evidence, which may include police reports, body camera or dashcam video, witness statements, and photos.
Then he compares that evidence with what the state has to prove. Every charge has specific elements, and sometimes the evidence doesn't support one of them. He also looks at how the evidence was gathered. In some cases, a stop, a search, or a statement raises a legal issue that can be challenged. In many cases it doesn't, and he'll tell you that.
Paul handles the conversations with the prosecutor. If a plea offer is made, he'll explain exactly what it means, including the sentence, whether it results in a conviction on your record, and what probation would require. He'll also compare it with what might happen if you went to trial. Whether to take an offer is your decision. If the case goes to trial, Paul prepares for it.
Frequently Asked Questions
Can you go to jail for a misdemeanor in Missouri?
Class A, B, and C misdemeanors can carry jail time. Class D misdemeanors carry a fine only.
Whether jail is realistic depends on the charge, the facts, and your record. For many misdemeanors, the more common outcomes are fines, probation, or a resolution that avoids a conviction.
What happens if this is my first misdemeanor charge?
Having no record can matter. Prosecutors and judges often consider it when discussing plea offers and sentencing.
One possible outcome in Missouri is a suspended imposition of sentence, or SIS, where the judge places you on probation without entering a sentence. If probation is completed successfully, an SIS generally isn't treated as a conviction under Missouri law. It isn't available in every case, and having no record doesn't guarantee it or any other result.
Can a misdemeanor charge be dismissed or reduced?
Sometimes. A prosecutor may dismiss a charge when the evidence turns out to be weaker than it first looked. A charge may be amended to a lesser offense, sometimes as part of a plea agreement. A judge may dismiss a charge when there's a legal problem with the case.
None of those happen automatically. They depend on the evidence, the charge, your record, and the prosecutor's position.
Will a misdemeanor stay on my record?
A misdemeanor conviction generally stays on your record unless it's expunged. Missouri law allows many misdemeanor records to be expunged after a waiting period, though some offenses are excluded, including domestic assault and intoxication-related driving offenses. There are also limits on how many expungements a person can receive.
A dismissal or an SIS completed successfully is handled differently from a conviction, but neither necessarily erases every record connected to the arrest.
How long can probation last on a misdemeanor?
Missouri law sets misdemeanor probation at six months to two years. The judge chooses the length and the conditions. If probation is violated, the court can revoke it and impose a sentence.
Talk With a Misdemeanor Lawyer in Union
If you've been charged with a misdemeanor, schedule a free consultation at our Union office at 301 East Main Street. Appointments are also available at our Owensville office. Bring your ticket or summons and any paperwork with your court date.