Defending Individuals Accused of Serious Felonies
Serious felonies carry serious penalties. If you have been charged with any criminal offense, you need the advice of an experienced Missouri defense lawyer, but this is especially important when you are being investigated for a serious felony. Your constitutional rights can be in jeopardy even before formal charges are filed with the court. If you believe you are being investigated for any type of felony, call Attorney Chris Lozano as soon as possible. Our experienced legal team knows how to protect your constitutional rights throughout a criminal case while developing a comprehensive legal strategy to get the best possible resolution to the charges against you.
Here are some of the most serious felonies that can be charged under Missouri state law:
Homicide
Homicide includes both murder and manslaughter. Missouri law creates five different classes of homicide charges. In descending order of severity, they are:
- First-degree murder
- Second-degree murder
- Voluntary manslaughter
- First-degree involuntary manslaughter
- Second-degree involuntary manslaughter
Though all homicide charges are serious felonies, there is a wide range in sentencing between the most and least serious charges. Murder convictions can result in a minimum sentence of one year in jail for second-degree involuntary manslaughter, but the maximum sentence for first-degree murder convictions could be the death penalty. For this reason, it is critical that you have an experienced homicide lawyer involved in your case as soon as possible. A lawyer can work to suppress evidence that was unlawfully obtained, challenge witness credibility, and use other legal strategies to attack the prosecution’s case against you. An experienced homicide defense attorney can also negotiate a plea deal (if appropriate) in order to protect a client from the most serious homicide sentences.
Sexual Offenses
There are dozens of sexual offenses that are defined under Missouri law. These charges fall under several broad categories, including:
- Rape
- Sodomy
- Child molestation
- Other sexual offenses against children
- Sexual abuse (offenses against nursing home residents, incarcerated persons, and other vulnerable adults)
Sexual offenses are treated very harshly in the criminal justice system. Even a conviction on a single count could expose a defendant to decades in prison. When the stakes are this high, you simply cannot be expected to deal with the police and prosecutors on your own. Sexual offense cases also raise complicated legal issues. It is difficult for underfunded public defenders to explore all the detailed psychological and legal issues that can arise in sexual offense cases. A private defense lawyer will have more time and resources to explore the issues that affect the outcome of a criminal case. The investment of attorney’s fees can pay dividends in the outcome of a criminal case involving serious sexual offenses.
Drug Crimes
There are many criminal offenses related to the possession, distribution, manufacturing, and trafficking of controlled substances in Missouri. Even possessing a small amount of a drug for personal use can result in serious criminal penalties that affect a person’s life for years to come. The contraband doesn’t even have to be the actual drug: possession of drug paraphernalia can cloud a person’s criminal record as well and make it difficult to secure a job or housing. Luckily, there are many possible defenses to drug charges. If cases where the risk of going to trial is simply too great, it is also possible to secure a fair plea deal that mitigates the sentence a person faces for crimes related to drugs. An experienced drug crimes defense lawyer will be able to determine the best legal strategy for your particular case.
Aggravated Assault and Battery
Assault is placing someone in fear of imminent physical harm, while battery is actually causing that harm. That said, Missouri law does not distinguish between assault and battery. Assault can be charged as a misdemeanor or a felony. When it is charged as a felony, assault can carry serious penalties that affect a person for the rest of their life. A conviction for felony assault can result in years in prison. The defendant might also be on probation and have conditions related to their release (such as community service). The sentence can also include fines, fees, anger management counseling, and other conditions. Finally, a felony conviction results in the loss of certain civil rights. Convicted felons are legally prohibited from voting, serving on juries, or owning firearms. If the case can be classified as domestic violence, the firearm ban is permanent, with no right to appeal the ban or petition the court to restore your gun rights in the future.
So when is assault charged as a felony? There are many different circumstances that can “aggravate” an assault case from a misdemeanor to a felony:
- When the defendant attempts to kill the victim
- If the assault was committed against a “special victim” defined by statute (this includes first responders, the elderly, the disabled, law enforcement officers, and others)
- When the defendant uses a gun (whether intentionally, recklessly, or negligently)
- When the assault causes a serious physical injury (or the defendant was attempting a serious physical injury, even if they were not successful)
There are four degrees of assault defined by Missouri law. Within these four classes, there is a wide range of sentencing, so it is important to work with an experienced defense lawyer who can mitigate the damage of an assault conviction.
Schedule a Case Evaluation with a Lincoln County Criminal Defense Lawyer Today
If you have been accused of a crime in the Lincoln County & Ralls County area, it’s imperative that you retain a lawyer as soon as you can. Attorney Chris Lozano has experience handling all types of felony charges. Our office serves clients across Missouri in St. Charles, Warren, Lincoln, St. Louis, Ralls, Marion, and Pike Counties. Call today to schedule a free case evaluation.