April 8, 2026

Not Guilty Chapter 11 | The Range of Punishment

* ** DISCLAIMER: If you are charged with a crime, you need a lawyer! Certain offenses have individualized requirements. For example, a first-time DWI (Driving While Intoxicated (which is basically the same as a DUI, driving under the influence) (one may be referring to alcohol while the other may be referring to drugs) is generally filed as a Class B misdemeanor, and may require two days in jail. A fourth-time “chronic” DWI is generally filed as a Class B Felony and requires two years in prison. Sex offenses can require an offender register on the sex offender registry. There is such a thing as an unclassified felony! A life sentence in the State of Missouri is classified as 30 years, but some offenses don’t have a statutory maximum. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney!

Misdemeanors*
  •  Up to one year in jail, or up to a $2,000 fine, or some combination thereof.
  • Up to six months in jail, or up to a $1,000 fine, or some combination thereof.
  • Up to fifteen days in jail, or up to a $750 fine, or some combination thereof.
  • Up to a $500 fine. Infraction. Up to a $400 fine.
Felonies**
  1. Ten to thirty years in prison.
  2. Five to fifteen years in prison.
  3. Three to ten years in prison, or up to a $10,000 fine, or some combination thereof.
  4. Up to seven years in prison, or up to a $10,000 fine, or some combination thereof.
  5. Up to four years in prison, or up to a $10,000 fine, or some combination thereof.

* ** Disclaimer: If you are charged with a crime, you need a lawyer! Certain offenses have individualized requirements. For example, a person charged as a “prior offender”, or as a “persistent offender”, or as a “prior and persistent offender” may be subject to increased maximums and or increased minimums. This is not an all-inclusive list of potential outcomes. It is very important that you discuss these things with an attorney!

Persistent Misdemeanor Offender – The Defendant has previously been found guilty of two or more A or B Misdemeanor offenses committed at different times.

Prior Offender – The Defendant has previously been found guilty of one felony.

Persistent Offender – The Defendant has previously been found guilty of two or more felonies committed at different times.

Dangerous Offender – The Defendant has been found guilty of a class A or B Felony, or a dangerous felony, and is being sentenced for a felony where he murdered or endangered or threatened the life of another person or knowingly inflicted/attempted/threatened to inflict serious physical injury on another person.
Section 558.016 RSMo. (2024)
Alexis arrived for her appointment with her lawyer, Charles. He started by going over what she was charged with. He kept trying to tell her she could have been charged with more stuff.
  • Class B Misdemeanor, Speeding, over 25 over. Range of punishment, up to six months in jail.
  • Class B Misdemeanor, Driving While Intoxicated. Range, up to six months in jail.
  • Class A Misdemeanor, Careless and Imprudent Driving. Range, up to one year in jail.
  • Class E Felony, Resisting Arrest by fleeing, creating a substantial risk of serious physical injury. Range, up to four years in prison.
She panicked. She could be a felon? Lose her right to vote or carry a firearm? She could get four years in prison for this??? She felt sick. Charles just kept saying they had discussed this before. Alexis could feel a panic attack coming on. Charles did not seem to care about anything. She was convinced he wasn’t paying attention to their conversation. There was clearly something else on his computer screen. Charles went on. The prosecutor had made an offer for probation: an SIS, with ten days in jail, and a lot of community service. Alexis’ head was whirling. Probation. SIS. She did not understand. TEN DAYS IN JAIL??? She had no idea what was going on. She could not even think what to ask. Charles wasn’t explaining. She didn’t know what to do.

*Disclaimer: This book is intended as an informational resource regarding the criminal court process in the State of Missouri, not to advise you legally concerning your specific legal situation. This book is not intended to take the place of a skilled and competent attorney. If you or a loved one are facing charges in the criminal courts, you have potential rights at risk, and you need to get an attorney. The choice of an attorney is an important decision, not based on advertising alone. You are not represented by the writers of this book, and the writers of this book are not liable for any reliance on the information in this book. You need to get your own attorney to advise and assist you concerning the specific facts of your situation. This book was written in 2024 concerning Missouri law and does not apply to the laws of other States. Sometimes laws change. Different locations have different practices and local rules. This book is not intended to be exhaustive. If you are in need of an attorney, do not rely on this book, GET A LAWYER!