What is a Second Degree Felony in Missouri?

In Illinois, second-degree felonies are called class 2 felonies. Class 2 felonies are crimes that involve violence and cause harm to individuals and property, but are not premeditated. Section 5/5-4.5-35 of the Illinois Compiled Statutes describes class 2 felonies as more severe than misdemeanors but less serious than Class 1 and Class X felonies, which are usually planned out in advance.

Penalties and fines for Class 2 felonies can vary for different reasons, including evidence recovered from the case and whether the individual is a repeat offender. Generally, the types of crimes classified as Class 2 felonies in Illinois include burglary, kidnapping, and possession of drugs with the intention to deliver them. Second-degree felonies can attract a 3 to 7-year sentence and fines up to $25,000. Supervised release (probation) is also a penalty for some felonies unless explicitly prohibited by law due to the severity of the offense.

The legal category for second-degree felonies in Missouri is Class B. Although felonies are mostly described as second-degree offenses, they can be classified under other classes of felonies depending on the specific circumstances of the case and their severity. Felonies usually attract more than one year in prison, unlike misdemeanors, which are less severe and attract a maximum of 6 months to 1 year in prison.

Felonies fall under five classifications in Missouri, depending on their level of seriousness per Section 558.011 of the Missouri Revised Statutes.

• Class A Felony: The highest felony with a penalty between 10 and 30 years or life imprisonment.
• Class B Felony: Also known as second-degree felonies, with penalties between 5 and 15 years in prison.
• Class C Felony: Penalties between 3 and 10 years.
• Class D Felony: Penalties up to 7 years.
• Class E Felony: Penalties up to 4 years.

The types of crimes designated as felonies often include murder, kidnapping, rape, arson, and burglary, among others.

Which Crimes Are Considered Second-Degree Felonies in Missouri?

Missouri legally classifies second-degree felonies as Class B felonies (the second most serious felonies). The state organizes felonies into Class A to Class E, with A being the most serious felony and E being the least serious felony. Classification is based on the severity of the offense, the degree of harm caused to the victim, and the intent behind the action. Some common felonies classified as second-degree felonies include the following:

• Assault
• Burglary
• Robbery
• Arson
• Drug possession
• Child welfare endangerment (second offense)
• Forgery.

What is Second Degree Murder and How is it Classified in Missouri?

Second-degree murders are more severe than other felonies and fall under Class A felonies. Missouri defines second-degree murder under Section 565.021 of the Missouri Revised Statutes as when a person causes the death of another person without planning in advance, that is, spontaneously. It differs from and is less serious than first-degree murder, where the murder was pre-planned (premeditated) and executed with the intention to kill.

Second-degree murders also differ from and are more serious than manslaughter. Manslaughter has even less intent to kill than second-degree murder, and death is usually caused during a severe emotional crisis. In Missouri, any crime that leads to loss of life is a felony regardless of whether the death was intentional or not. Second-degree murders are Class A felonies and carry a prison sentence between 10 and 30 years.

Missouri Second Degree Felonies Penalties and Punishments

Second-degree felonies in Missouri are legally classified under Class A to E, and the penalties can vary depending on how serious the crime is, the level of violence involved, and the defendant's criminal history. Punishment for second-degree felonies can include a prescribed number of years in prison, a fine, probation, parole, withdrawal of rights, the requirement to register as an offender, and other punishments issued by the court after consideration of the circumstances surrounding the crime.

Examples of penalties for second-degree offenses are as follows:

Are Second Degree Felony Records Public in Missouri?

Yes. Second-degree felony records are public if they have not been legally excluded from public access. This means that any member of the public, including employers, landlords, and licensing bodies, who performs a background check can retrieve this record. Examples of information that can be retrieved online and in-person include dockets, charges, judgments, and hearing information. Records restricted from public access include the following:

• Expunged records
• Sealed records
• Juvenile records
• Records containing victim or informant information
• Medical records and mental health evaluation records

Some states impose a time limit for when these records become automatically sealed or expunged. In Missouri, however, this expungement process needs to be kick-started by the defendant. It is not automatic.

How to Access Second Degree Felony Court Records in Missouri

Persons looking to obtain second-degree felony court records in Missouri generally have one of two options.

• Search the online record repository: The Missouri judiciary maintains Case.net, an online portal that gives the public access to statewide court records, including second-degree felony records. Individuals can search by litigant name or by case number and select the appropriate court to get records from. This tool provides docket information and basic case information, not in-depth data.
• Contact the Circuit Clerk of Court's Office: The Circuit Court clerk of the local county courthouse where the charge was filed maintains court records. By contacting the local courthouse or the Clerk's Office in person, by mail, or by phone, a person can obtain court records, including second-degree felony court records. Individuals should contact and identify where their case was filed, submit a records request, and pay the processing fee to obtain the record.

Not all court records are available for public access. Records that contain sensitive information, expunged records, and sealed records are protected by privacy laws and are considered confidential. Individuals should also be ethical about using the second-degree court record they retrieve. It should not be used for harassment or to make biased decisions against the defendant.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree felony charges can be reduced or dismissed. Depending on the nature of the offense, the arrestee's criminal history, the prosecutor's evidence, and the skill of the legal counsel, it is possible to negotiate for a lighter or no sentence.

• Plea bargain and reduced sentence: A plea bargain is when the defendant pleads guilty to a lesser felony to get a lighter sentence than the initial serious charge. Prosecutors offer plea bargains after considering their available evidence, the severity of the felony, and the likelihood that a conviction will lead to trial.
• Charge Dismissal: If the defense attorney can successfully challenge the prosecutor's probable cause for the case, the judge can dismiss the second-degree felony charge due to insufficient evidence. If the rights of the defendant were also jeopardized during the arrest or the investigation of the case, the case may be dismissed.

Having legal representation is important in this process due to the severity of punishment for felonies. Hence, to avoid or reduce the chances of getting prison time, anyone charged with a felony should consider hiring a licensed lawyer or public defender.

Is it Possible to expunge or seal a Second Degree Felony or Murder Record in Missouri?

It depends. Expunctions and sealing of criminal records in Missouri usually depend on the nature of the offense. Under certain conditions, second-degree felony records may be expunged. It is, however, not possible to expunge murger convictions as it is legally prohibited. Section 610.140 of the Missouri Revised Statutes specifies felonies that can be expunged and specifically excludes some felonies, including sex offenses, felonies involving a deadly weapon, and offenses resulting in death from expunction.

Clearing a second-degree felony record from public view begins by satisfying the seven-year waiting period. The arrestees are also required not to have committed a new offense within that period. After completing the waiting period and confirming eligibility, the general steps for getting a record expunged in Missouri are as follows:

• File a petition for expunction by filling out a Missouri Court expungement form at the court that judged the conviction
• Provide details of the offense, evidence justifying why the record should be expunged, and a list of the agencies currently with access to the record.
• Attend court hearing, if any, and wait for the court's decision

Having legal advice and defense from a person familiar with Missouri's expungement laws can greatly improve a person's chances of clearing their record. It is advisable to work with an expunction lawyer when going through the expunction court proceedings to avoid denial and delays.

How Long Do Second-Degree Felony Records Stay Public in Missouri?

Indefinitely. Unless a person goes through the process of taking legal action to try to get their record expunged or sealed, it will remain public. This means that the second-degree felony charge will keep showing up in background checks and will be available to law enforcement agencies and public inquiries, which may include landlords and employers.

Although possible in some U.S. states, felony convictions do not automatically get sealed after a prescribed period of time. The criminal record has to be eligible for expunction or sealing, and the arrestee has to take action to get it removed. Serious felonies are excluded from expunction or sealing in Missouri and will remain on the individual's criminal history and be publicly available forever.