Understanding Missouri’s Three Strikes Law

What Is Missouri’s Three Strikes Law?

Did you know that over 40% of individuals released from incarceration in the US get rearrested within just one year? Among the severest penalties for some repeat offenses are brought by the third strike law, enforcing mandatory minimum sentences of 25 years or more for specific felonies.

The three strikes laws, also known as habitual offender laws, are a set of sentencing rules targeting repeat offenders of serious crimes. In Missouri, these laws apply to “prior and persistent offenders” who have two prior convictions for specific serious crimes. If convicted of another felony, they might face a mandatory life sentence in prison.

Facing a third-strike charge can mean the loss of your freedom, rights, and prospects. You need a skilled, experienced attorney to avoid these severe consequences. Act quickly and contact us at the Missouri Criminal Law Center for essential assistance.

Understanding the Three Strikes Law

Originating in California in 1994, this law aimed to address public concern over violent crimes committed by habitual offenders. It sought to deter crime by imposing stricter penalties on repeat offenders and keeping the most dangerous criminals incarcerated for extended periods.

The law came into effect following the tragic murders of Kimber Reynolds and Polly Klaas, both committed by repeat offenders. As a result, 28 states, alongside the federal government, have implemented variations of the three strikes law.

In Missouri, the three strikes law, found in Missouri Revised Statutes Section 558.016, encompasses serious felonies involving violence, weapons, or sexual assault. They include:

• Murder
• Robbery
• Kidnapping
• Arson
• Burglary
• Rape
• Sodomy
• Child molestation
• Assault with a deadly weapon

However, not all felonies fall under this law, and exceptions and exclusions might exist based on the circumstances of the case.

State vs. Federal Three Strikes Law

The three strikes law varies significantly from state to state, with 28 states implementing some form of this law. However, the criteria defining a strike, the qualifying crimes, and the severity of penalties vary widely among these states. For instance, certain states specify that three strikes crimes must be severe or violent felonies, while others encompass any felony or even some misdemeanors. Moreover, sentencing differs – some states enforce mandatory life imprisonment without parole, while others allow parole eligibility after a specific period.

Missouri’s three strikes law differs from the federal law, which applies to federal crimes and has a more limited definition of what constitutes a strike. The federal three strikes law requires that qualifying crimes be violent felonies or severe drug offenses and that the offender have at least one prior conviction for a violent crime or a drug offense that resulted in a sentence of more than one year. Federal law also imposes a mandatory life sentence without parole for three strikes crimes.

Punishment and Sentencing for Persistent Offenders in Missouri

Missouri’s three-strikes law imposes more severe sentences on repeat offenders. A prior and persistent offender is someone convicted of two or more felonies at different times.

Once designated as a persistent offender, any subsequent felony conviction carries a higher sentencing range. For instance, a Class B felony conviction for a persistent offender will be treated as a felony one class higher, which is a Class A felony, and lead to a prison term of at least ten years instead of five.

Understanding felony charges in Missouri is crucial if you are facing a second or third felony charge. Your attorney will help you understand the implications of another conviction and outline your legal options.

Legal Implications of the Three Strikes Law

Under Missouri’s Three Strikes Law, a conviction leads to irrevocable consequences for offenders:

• Elimination of parole or early release opportunities unless they can prove innocence or contest the validity of prior convictions
• Imposing harsher penalties for less severe felonies

Risks of Misinterpreting or Ignoring the Three Strikes Law

Misinterpreting or overlooking this law can have significant risks. You may:

• Plead guilty without realizing your eligibility for a second or third strike.
• Miss opportunities to avoid a third strike or a life sentence due to exceptions or exclusions.
• Fail to comprehend your rights and legal options leading to missed opportunities for legal support.
• Violate the terms of probation, parole, or release, resulting in revocation or new charges.

The Importance of Legal Guidance in Three Strikes Cases

Legal guidance plays a vital role in:

• Safeguarding your rights and interests throughout the entire legal process
• Challenging charges, negotiating with the prosecutor, and representing you in court
• Aiding in appeals, post-conviction relief, and compliance with rules and regulations

If you’ve been arrested in Missouri and are potentially facing third-strike charges, seek the services of a professional three strike law attorney. They will protect your rights and safeguard your freedom as you go through these trying times.

How Can A Criminal Defense Attorney Help You

Given the complexity of Missouri’s Three Strikes Law, engaging a competent criminal defense lawyer is crucial. Such an attorney can:

• Investigate your case thoroughly, analyzing evidence, witnesses, and arrest circumstances
• Strategically challenge charges, evidence admissibility, and prosecution credibility
• Negotiate with the prosecution for a dismissal or reduced sentence
• Provide legal representation throughout the legal process, including pre-trial motion hearings, the trial, and the sentencing hearing.

Benjamin Law Firm, LLC Can Help

Missouri’s Three Strikes Law is a complex and impactful piece of legislation that requires careful understanding and navigation. Whether you’re seeking general knowledge or are directly affected by this law, it’s crucial to be informed about your rights, the legal implications, and the importance of professional legal guidance.

The Benjamin Law Firm, LLC is committed to providing the legal support and guidance needed to avoid a second or subsequent conviction.

Contact us today for a free consultation.