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First Degree Felony in Missouri
In Missouri, crimes classified as Class A under the felony classification system (Class A, B, C, D, and E) and those described as "first degree" or "in the first degree" in the statutes are equivalent to first-degree felonies.
Class A (first-degree) felonies in Missouri are the most severe types of crimes that the state may convict someone of. Therefore, they carry some of the harshest penalties. Examples of first-degree felonies in the Class A felony category (carrying the most severe punishments) explicitly labelled "first degree" under Missouri law include first-degree murder, first-degree rape, first-degree sodomy, etc.
For instance, murder in the first degree is defined in Section 565.020 RSMo as a Class A felony punishable by life imprisonment or death (for individuals 18 or older). Convicted offenders are ineligible for probation or parole, unless granted by the governor. Likewise, rape in the first degree, under Section 566.030 RSMo, mandates a minimum sentence of five years to life. If there are aggravating factors (victim under 12, etc.) involved, stricter penalties may apply.
Public Access to First Degree Felony Records in Missouri
Under the Missouri Open Records Law and the Missouri Court Operating Rule (COR 2), requesters may view or obtain copies of public criminal conviction records, including first-degree felonies, unless exempted by state legislation or court order. Criminal conviction records that are inaccessible to the public under COR 2 include juvenile records, adoption records, and mental health data. Also, domestic victims' names, active criminal investigation reports, and specific financial records may be redacted or exempted from public disclosure.
Interested persons may obtain publicly available felony conviction details through the Missouri Automated Criminal History Site or via a County Clerk of Court's Office.
Access Options
Case.net (Missouri Courts System): Interested parties may access public documents filed in Missouri court cases via Case.net. They may search for public case records using a litigant name, case number, or filing date. The portal allows users to view, download, and print public documents, including Class A felony records, filed on or after July 1, 2023.
MACHS Name Search Portal: The Missouri Automated Criminal History Site (MACHS) offers the public access to criminal history information. Users may conduct online name-based criminal history searches on this platform operated by the Missouri State Highway Patrol (MSHP) Criminal Justice Information Services Division.
Clerk of Court/Local Courthouse: For complete case files, sealed documents, or older records not available online, requesters are typically required to visit the county clerk's office in person. Individuals possessing a valid ID and willing to pay copying fees may submit a record request in person during regular business hours.
Source | Access Type | Website/Location |
---|---|---|
Case.net (Missouri Courts) | Online search of public case dockets, filings, judgments; some documents downloadable since July 1, 2023 | Missouri Case.net |
MACHS (Missouri State Highway Patrol Criminal History System) | Online name-based criminal history searches | MACHS Portal |
Court Clerk/Local Courthouse | In-person request for complete case files, certified copies, older or sealed records (if eligible) | Local County Courthouse Clerk’s Office |
Common Crimes Classified as First Degree Felonies in Missouri
According to crime statistics from the National Incident-Based Reporting System (NIBRS), some of the most common Class A (first-degree) felonies in Missouri include first-degree murder, first-degree assault, first-degree rape (forcible), and first-degree kidnapping.
Crime | Brief Description |
---|---|
First-degree murder | According to § 565.020 RSMo, a person commits the offense of murder in the first degree if they deliberately cause the death of another individual after thinking about it. |
First-degree assault | Under § 565.050 RSMo, a person commits first-degree assault if they attempt to kill or cause serious physical injury to another person. |
First-degree rape | According to § 566.030 RSMo, an individual commits the offense of first-degree rape if they engage in sexual intercourse with someone who is incapacitated, incapable of consent, or cannot consent, or by the use of forcible compulsion. |
Prison Sentences and Fines for First Degree Felonies in Missouri
According to § 558.011 of the Missouri Revised Statutes, a Class A felony (a first-degree felony) is punishable by a prison sentence of not less than 10 years and not more than 30 years in prison, or life imprisonment in some instances.
Under Missouri law (§ 557.021), offenses outside the Criminal Code are classified as Class A felonies if the authorized penalty includes death, life imprisonment, or a prison sentence of 20 years or more.
Other factors that may influence sentencing include whether weapons or dangerous instruments were involved, prior criminal history, aggravating versus mitigating circumstances, and specific statutory enhancements (e.g., certain “dangerous felony” designations require minimum times served) or mandatory minimums.
Regarding fines, the amount payable depends on the specific offense. The law that defines an offense, including a Class A crime, usually determines whether a fine is permitted and the amount. Imprisonment remains the main penalty for Class A felonies. However, the court may choose to impose a fine in cases involving financial gain.
Missouri First Degree Punishment | Prison Range | Maximum Fine |
---|---|---|
Class A Felony general range (Missouri § 558.011) | 10 to 30 years, or life imprisonment | Fines depend on the specific crime; not all Class A felonies allow fines. |
First-degree murder | Life or death penalty (when applicable) | Often, no fine is separate; punishment is determined by statute; enhancements apply under capital or aggravated murder rules. |
Other Class A felony (non-capital) | 10 to 30 years, or life | Prior convictions or dangerous-felony status may increase the minimum that must be served. |
What is the Maximum Sentence for a Degree Felony in Missouri?
In Missouri, the maximum sentence for a Class A (first-degree) felony is life imprisonment. Additionally, the death penalty may be applied in cases with aggravating circumstances. Penalties for Class A felonies generally increase if there are aggravating factors, such as the use of a firearm or other weapon, commission of a hate crime, the victim’s age or vulnerability, or other statutory enhancements that may extend sentences or require extended minimum terms.
What is First Degree Murder in Missouri?
Under Missouri Revised Statutes § 565.020, someone has committed first-degree murder if they "knowingly cause the death of another person after deliberation upon the matter." Missouri treats Class A (first-degree) murder differently from other first-degree felonies; the consequences of murder are more severe. Convicted offenders who are 18 years or older typically face the death penalty or life imprisonment without the possibility of probation or parole unless the governor issues a pardon (§ 565.020). Individuals who commit first-degree murder before they turn 18 cannot be sentenced to death (§ 565.033). Instead, they may be sentenced to life imprisonment without the possibility of parole (the harshest penalty available).
Can First Degree Felony Records Be Sealed or Expunged in Missouri?
In Missouri, the expungement process essentially removes a person’s criminal records from public access. In contrast, sealing restricts access to these records to only qualified individuals and agencies. Under Rev. Stat. §610.140(2), records for Class A (first-degree) felony offenses are not eligible for expungement. This means that individuals convicted of Class A felonies, such as first-degree assault, first-degree murder, and first-degree rape, among others, cannot petition to have their records expunged.
Missouri allows an offender to expunge only one felony and two misdemeanor records in their lifetime, but this does not include Class A felonies.
To qualify for expungement of a felony record in Missouri, an applicant is required to undergo a three-year waiting period. During the waiting period, applicants are expected to remain free of new charges (except traffic violations) and convictions.
Difference Between First Degree and Second Degree Felonies in Missouri
In Missouri, felonies are divided into five classes: Class A through Class E. Class A felony, which equates to a first-degree felony, is the most serious category apart from unclassified crimes like first-degree murder. Class A felonies have prison sentences of 10 to 30 years, or life imprisonment, depending on the offense (Mo. Rev. Stat. § 558.011). Typical examples of Class A offenses are first-degree kidnapping, first-degree murder, and certain drug trafficking crimes.
In contrast, Class B (second-degree) felonies are serious crimes that carry lighter punishments than Class A felonies. Sentences for Class B felonies range from 5 to 15 years in prison. Common examples of offenses in this category are voluntary manslaughter, first-degree burglary, and statutory rape in the second degree.
Felony Level | Common Crimes | Sentencing Range |
---|---|---|
Class A (First Degree) | 10–30 years or life | Kidnapping 1st degree, drug trafficking, armed criminal action |
Class B (Second Degree) | Burglary, vehicular homicide | 5 to 15 years |
Statute of Limitations for First Degree Felony Charges in Missouri
A statute of limitations is the time limit for prosecutors to file criminal charges. The statute of limitations helps ensure the freshness and reliability of evidence and witness testimony. They also reduce the indefinite threat of legal action.
In Missouri, prosecutors usually have three years from the time an offense occurs to bring charges for most Class A felony offenses (§ 556.036). However, serious and violent crimes, such as murder, first-degree rape, attempted forcible rape, and forcible sodomy, among others, do not have a statute of limitations; prosecutors can file charges for these crimes at any time.
Probation and Parole Eligibility for First Degree Felonies in Missouri
Due to the severity of Class A (first-degree) felonies, probation and parole eligibility for such crimes is highly limited. Under § 565.020 RSMo, probation is not an option for heinous crimes like first-degree murder, certain violent sexual crimes, and offenses involving the use of dangerous weapons. Although judges may have the authority to grant probation for some Class A offenses, this is rare and may only happen in instances where the law does not expressly prohibit it.
In Missouri, parole eligibility is dependent on the imposed sentence. Per § 558.019 RSMo, individuals convicted of offenses classified as "dangerous felony" are required to serve at least 85% of their sentence before parole consideration. Consequently, most Class A felony offenders may remain in prison for decades before they are eligible for release. The possibility of parole is not available to individuals sentenced to life imprisonment with parole or death.
Term | Definition | Eligible for First Degree Felons |
Probation | Court-ordered supervision instead of prison | Generally not eligible for the most serious crimes, such as first-degree murder (§ 565.020 RSMo) and certain violent felonies; rarely granted in other Class A felonies unless statute allows. |
Parole | Conditional early release from prison allows the offender to serve the remainder of their sentence under supervision in the community. | Limited eligibility: For “dangerous felonies,” offenders must serve at least 85% of the sentence before parole consideration (§ 558.019 RSMo). Offenders sentenced to life without parole are not eligible. |
Impact of a First Degree Felony Conviction on Criminal Records in Missouri
Having a Class A (first-degree) felony conviction in Missouri has serious and lasting effects on a person's public record and everyday life. These records are often available through statewide databases like Case.net and the Missouri Automated Criminal History Site (MACHS). As a result, employers, landlords, and licensing boards may easily access these records. This visibility creates barriers to employment and housing when many businesses and landlords conduct background checks.
In addition, most people with felony records are ineligible to possess or buy guns under Missouri law (§ 571.070 RSMo). Having a felony record may also affect a person's immigration status. People with felony records may face deportation, while non-U.S. citizens might be barred from entering the United States under federal law. Missouri restores the voting rights of incarcerated individuals after they finish their sentence. However, this process and others, like probation and parole, can take years and vary depending on the case.
More importantly, Class A felonies are among the most serious crimes with the strictest penalties and are generally not eligible for expungement under Missouri's expungement laws (§ 610.140 RSMo). As a result, such convictions usually stay on the convicted person's record forever, causing long-term issues with employment, housing, and civil rights unless specific statutory relief is available.
