Eleanor Finch
Missouri categorises felonies into five classes, with Class A being the most serious and carrying the harshest penalties, and Class E being the least serious. The specific dollar amount that determines when theft becomes a felony in Missouri can vary depending on the circumstances and the type of property involved. However, as a general guideline, if the value of the stolen property exceeds $750, it is likely to be considered felony theft. Stealing certain items, such as livestock, firearms, or controlled substances, can also constitute felony theft, regardless of their monetary value.
| Characteristics | Values |
|---|---|
| Dollar amount that constitutes felony theft | $750 or more |
| Dollar amount that constitutes misdemeanor theft | Less than $750 |
| Dollar amount that constitutes a Class C felony | $25,000 or more |
| Dollar amount that constitutes a Class D felony | Between $750 and $25,000 |
| Maximum penalty for a Class A felony | Life imprisonment |
| Minimum penalty for a Class A felony | 10 years |
| Maximum penalty for a Class B felony | 15 years |
| Minimum penalty for a Class B felony | 5 years |
| Maximum penalty for a Class C felony | 10 years |
| Minimum penalty for a Class C felony | 3 years |
| Maximum penalty for a Class D or E felony | 1 year |
| Maximum fine for a Class C, D, or E felony | $10,000 |
| Class A felony theft examples | Theft of tank trucks, trailers, and similar farming equipment containing any amount of anhydrous ammonia |
| Class B felony theft examples | Theft of anhydrous ammonia, liquid nitrogen, livestock valued at $10,000 or more, or property owned by a financial institution |
| Class D felony theft examples | Theft of motor vehicles, watercraft, aircraft, wills or deeds, firearms, explosives, controlled substances |
| Class E felony theft examples | Theft of an animal, four stealing-related convictions in the past ten years |
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What You'll Learn
Missouri felony theft threshold
Missouri categorizes theft into different classes of crimes, ranging from Class A misdemeanors to Class A felonies. The classification of a theft offence depends on the value of the stolen property, the type of property involved, and the offender's criminal history.
Class A Misdemeanor
Theft of property valued at less than $500 is considered a Class A misdemeanour in Missouri. This type of offence typically carries lesser penalties, such as a fine or a short jail sentence.
Class D Misdemeanor
A Class D misdemeanour is typically applied to first-time offenders. If the stolen property is valued at less than $150, it is classified as a Class D misdemeanour, which may result in a fine of up to $500.
Class A Felony
Theft becomes a Class A felony in Missouri when it involves certain types of property, regardless of their value. This includes stealing any amount of anhydrous ammonia (a chemical used to make methamphetamine) in the form of a tank truck, tank trailer, rail tank car, bulk storage tank, field nurse, field tank, or field applicator. A Class A felony carries severe penalties, including 10 to 30 years of incarceration or even life imprisonment.
Class B Felony
Theft is classified as a Class B felony when the stolen property's value equals or exceeds $25,000. Additionally, certain types of property, such as liquid nitrogen, captive wildlife, motor vehicles, watercraft, or aircraft, or livestock valued at more than $3,000, can result in a Class B felony charge.
Class D Felony
Class D felonies often involve repeat offenders. If the stolen property's value is $750 or more, it is typically classified as a Class D felony, which can result in incarceration and fines.
Class E Felony
A fourth stealing offence within a 10-year period is classified as a Class E felony. Additionally, stealing certain types of property, such as sealed mail or packages, can also result in a Class E felony charge.
It is important to note that the specific penalties for each class of felony or misdemeanour may vary depending on the offender's criminal history and the circumstances of the offence. Missouri law sets maximum and minimum penalties for each class, with Class A felonies being the most severe and Class E felonies being the least severe.
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Felony theft consequences
In Missouri, the consequences of felony theft vary depending on the value of the stolen property, the circumstances of the theft, and the offender's criminal history. Missouri categorizes felonies into five classes, with Class A being the most serious and carrying the harshest penalties.
Class A Felony Theft
Theft of certain property, such as a tank truck, tank trailer, rail tank car, bulk storage tank, field nurse, field tank, or field applicator containing any amount of anhydrous ammonia, is considered a Class A felony. The penalty for this offense is severe, ranging from 10 to 30 years of incarceration or even life imprisonment.
Class B Felony Theft
A Class B felony theft involves stealing property containing anhydrous ammonia or liquid nitrogen, or stealing livestock or captive wildlife valued at more than $3,000 with a prior conviction. The penalty for a Class B felony includes a prison sentence ranging from 5 to 15 years.
Class C Felony Theft
Class C felony theft occurs when the value of the stolen property is $25,000 or more. The penalty for this offense includes a potential prison sentence of 3 to 10 years and a fine of up to $10,000.
Class D Felony Theft
Class D felony theft applies when the value of the stolen property is between $750 and $25,000, or if specific items are stolen, such as motor vehicles, watercraft, aircraft, firearms, explosives, or controlled substances. The maximum prison sentence for a Class D felony is 7 years, and the fine can be up to $10,000.
Class E Felony Theft
Class E felony theft includes stealing an animal or having three or more stealing-related convictions within 10 years. The maximum penalty for this offense is up to 4 years of imprisonment and a fine of up to $10,000.
It is important to note that these felony theft convictions can have long-lasting consequences beyond jail time and fines. A felony conviction may impact future employment prospects, housing opportunities, and civil rights. The specific penalties imposed will depend on the circumstances of each case, and it is crucial to seek legal representation to understand the potential repercussions and explore possible defenses.
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Felony classes and sentencing
Missouri categorizes felonies into five classes, with Class A being the most serious and Class E the least. The felony class determines the maximum sentence a person can receive, but it isn't the only factor. Other factors, such as criminal history and the circumstances of the crime, can also increase or reduce sentencing.
Class A Felony
Class A felonies are the most serious type of felony in Missouri and carry the harshest penalties. The sentencing guidelines for a Class A felony in Missouri are a minimum of 10 years and a maximum of 30 years in prison, or even life imprisonment in certain cases. Examples of Class A felonies include murder, first-degree robbery, and first-degree kidnapping. Additionally, stealing certain property, such as a tank truck or rail tank car containing anhydrous ammonia, is also classified as a Class A felony.
Class B Felony
Class B felonies are also considered very serious crimes and carry significant penalties. The sentencing guidelines for a Class B felony in Missouri are a minimum of 5 years and a maximum of 15 years in prison. Examples of Class B felonies include voluntary manslaughter, first-degree burglary, first-degree domestic assault, and second-degree drug trafficking.
Class C Felony
Class C felonies often involve theft, property crimes, or crimes against another person. The sentencing guidelines for a Class C felony in Missouri are a minimum of 3 years and a maximum of 10 years in prison. Additionally, a fine of up to $10,000 or double the financial gain from the crime may be imposed. Examples of Class C felonies include involuntary manslaughter, fraud, identity theft, and unlawful use of a weapon.
Class D Felony
Class D felonies are considered less serious offenses in Missouri. The sentencing guidelines for a Class D felony are up to 7 years in prison, and a fine of up to $10,000 or double the financial gain from the crime. Examples of Class D felonies include second-degree assault, second-degree statutory rape, and promoting civil disorder.
Class E Felony
Class E felonies are the least serious type of felony in Missouri and typically carry the least severe punishments. The sentencing guidelines for a Class E felony are up to 4 years in prison and a fine of up to $10,000 or double the financial gain from the crime. Examples of Class E felonies include providing false information, insurance fraud, deceptive business practices, and third-degree assault.
It is important to note that these sentencing guidelines provide a range, and the specific sentence imposed will depend on various factors, including criminal history and the circumstances of the crime. Additionally, Missouri law allows for conditional release, which is different from parole, and rehabilitative programs as alternatives to imprisonment in certain cases.
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Misdemeanour vs felony
In the United States, crimes are classified as misdemeanours or felonies based on the seriousness of the offence and the potential penalties attached. Misdemeanours are less serious crimes that often carry lighter punishments such as fines or short jail sentences in local jails. On the other hand, felonies are the most serious type of crime, punishable by long prison sentences, significant fines, and potentially permanent loss of freedom and civil rights.
In Missouri, theft is classified as a misdemeanour or felony based on the value of the stolen property, the offender's criminal history, and the type of property involved. Misdemeanour theft in Missouri applies when the stolen property or services are valued at less than $750. A Class A misdemeanour, for instance, involves stolen property worth more than $150 but less than $750, and carries a maximum sentence of one year in jail and a fine of up to $2,000.
Felony theft, on the other hand, involves stolen property valued at $750 or more. The specific dollar threshold can vary depending on the circumstances, and certain types of property, such as firearms, automatically qualify the theft as a felony regardless of value. Felony theft carries significant penalties, including lengthy jail sentences and substantial fines. For instance, a Class E felony, which includes the theft of an animal, carries a maximum penalty of up to four years' imprisonment and a $10,000 fine.
It is important to note that Missouri categorises felonies into five classes, with Class A being the most serious and carrying the harshest penalties, including a prison sentence of 10 to 30 years or even life imprisonment. The felony class determines the maximum sentence, but other factors, such as criminal history and the circumstances of the crime, can also influence the sentence.
While misdemeanours and felonies differ in their level of seriousness and associated punishments, both can have significant consequences and impact an individual's life in various ways. Therefore, it is crucial to understand the specific laws and penalties associated with each type of offence.
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Defending against felony charges
In Missouri, theft is typically considered a felony when the value of the stolen property exceeds $750. However, this is not a hard-and-fast rule, as the classification of a theft as a felony or a misdemeanour also depends on the type of property involved and the perpetrator's criminal history. For instance, stealing certain items, such as firearms, is always classified as a felony, regardless of the value of the property.
Felony theft carries significant penalties and long-lasting consequences, including jail time, fines, and a potential impact on future employment and housing opportunities. Therefore, it is crucial to understand the defences available to you if you are facing felony charges. Here are some strategies that can be employed when defending against felony charges in Missouri:
- Self-Defence: In cases involving violence, claiming self-defence can be an effective strategy. If it can be shown that the defendant was protecting themselves from an imminent threat, this may result in acquittal.
- Lack of Intent: For charges that require intent, it is crucial to prove that the defendant did not have the necessary intent to commit the crime. Without intent, some charges cannot stand.
- Alibi: Providing proof of an alibi, such as eyewitness testimony or physical evidence like receipts or video footage, can be a strong defence.
- Ineffective Assistance of Counsel: If it can be claimed that the defendant received ineffective assistance from their lawyer during earlier proceedings, this may be grounds for an appeal.
- Appeal Rights: If a conviction occurs following a trial, the defendant has the right to appeal to the appropriate Court of Appeals.
- Alternative Sentencing: In some cases, a defendant may be eligible for alternative sentencing options, such as rehabilitative programs like DWI court, drug court, or mental health court, instead of a prison sentence.
- Conditional Release: In Missouri, a sentence of imprisonment for many felonies includes prison time and conditional release. While there is no guarantee of parole, the defendant is entitled to conditional release at a certain point in their sentence.
- Expungement: In some cases, a felony conviction may be eligible for expungement. For example, under Missouri's changing expungement laws, certain non-violent and drug-related crimes may be eligible for expungement.
It is important to note that the specific defences employed will depend on the unique circumstances of each case. Consulting with a criminal defence attorney is crucial to protecting your rights and exploring all possible legal options available to you.
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Frequently asked questions
In Missouri, theft is considered a felony when the value of the stolen property exceeds $750. This threshold may change over time, so it is always good to consult with a legal professional for the most up-to-date information.
Items that constitute a felony if stolen in Missouri include motor vehicles, watercraft, aircraft, wills or deeds, firearms, explosives, controlled substances, livestock, and various other specific items.
Missouri categorizes felonies into five classes, with Class A being the most serious and Class E the least serious.
A Class A felony in Missouri carries a penalty of at least 10 years and no more than 30 years in prison, or life imprisonment.
