Missouri Sentencing Ranges, Minimum Terms, and Enhancement

Sentencing Authority

The court’s authority for sentencing is found in 557.011 RSMo. Most commonly this includes a fine, a term of imprisonment, or some combination thereof. No Missouri court may impose sentence other than those authorized by statute. The court’s authority includes any of the following sentences:

  1. Sentencing the defendant to a term of jail/imprisonment pursuant to Chapter 558 RSMo;
  2. Sentencing the defendant to pay a fine pursuant to Chapter 558 RSMo.;
  3. Suspend imposition of sentence, with or without placing the defendant on probation;
  4. Suspending execution of sentence, and placing the defendant on probation; or
  5. Order a period of shock detention, and place the defendant on probation;

Classification of Felonies and Misdemeanors

Under Missouri law offense are categorized as felonies, misdemeanors, or infractions. The range of punishment for each offense is as follows:


Class A:   10 to 30 years  | fines are not authorized
Class B:   5 to 15 years  | fines are not authorized
Class C:   3 to 10 years  | fines up to $10,000.00
Class D:   1 to 7 years  | fines up to $10,000.00
Class E:   1 to 4 years  | fines up to $10,000.00



Class A:   Up to 1 year  | fines up to $2,000.00
Class B:   Up to 6 months  | fines up to $1,000.00
Class C:   Up to 15 days  | fines up to $750.00
Class D:   N/A  | fines up to $500


Infractions: fines up to $400.00

Some offenses are not denominated by a letter classification. If a Felony is not classified as A, B, C, D, or E then its sentencing range is specified in the relevant statute. If a misdemeanor is not classified as A, B, C, or D then it carries the same range of punishment as a Class “A” misdemeanor, unless a different range is specified in the relevant statute.

Sentence Enhancement and Persistent Offenders

Missouri law provides for additional enhanced punishments for defendants who have committed prior felonies, or certain violent/dangerous offenses. Defendant’s meeting the following classifications generally are subject to enhanced (lengthened) sentences:

  • Persistent Felony Offender:  A Persistent Felony Offender is person who has been found guilty of two or more felonies committed at different times. Persistent Felony Offender Status must be alleged in the charging document of an offense and must be pleaded and proved to the court. The Department of Corrections cannot independently determine that a person is a Persistent Felony Offender.

The effect of a finding that a defendant is a persistent felony offender is that such defendant will be subject to the range of punishment one (1) classification higher for any newly charged offense. For example if a prior and persistent offender is charged with a new class “C” felony, such defendant will be subject to the enhanced class “B” range of punishment of 5 to 15 years instead of the standard class “C” range of 3 to 10 years.

  • Dangerous Felony Offender: Is a person being sentenced for a felony during the commission of which he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and has been found guilty of a class A or B felony or a dangerous felony.

A “dangerous felony” is any of the following:

  1. Abuse of a Child if child dies
  2. Arson – First Degree
  3. Assault – First Degree
  4. Assault – Second Degree (if special victim)
  5. Assault of Law Enforcement Officers – First Degree
  6. Attempted Forcible Rape (if physical injury)
  7. Attempted Forcible Sodomy (if physical injury)
  8. Child Abuse/Kidnapping (detaining child at least 120 days)
  9. Child Molestation – First Degree or Second Degree
  10. Domestic Assault – First Degree
  11. DWI Habitual Offender
  12. Elder Abuse – First Degree
  13. Forcible Rape
  14. Forcible Sodomy
  15. Kidnapping
  16. Murder – Second Degree
  17. Robbery – First Degree
  18. Statutory Rape – First Degree (child less than 12)
  19. Statutory Sodomy (child less than 12)

The effect of a finding that a defendant is a  dangerous felony offender is that such defendant will be subject to the range of punishment one (1) classification higher for any newly charged offense. For example if a offender is charged with a new class “C” felony, such defendant will be subject to the enhanced class “B” range of punishment of 5 to 15 years instead of the standard class “C” range of 3 to 10 years. For Dangerous Felony Offenders, the Defendant must also serve 85% of his or her sentence prior to being eligible for parole.

In addition to the standard enhancements stated above, many offenses contain their own enhancement provisions for repeated violations of the same offense. Some common (though not exhaustive) examples include:

First Offense Third Offense
Domestic Assault 3rd Degree Class “A” Misdemeanor Class “E” Felony
DWI Class “B” Misdemeanor Class “E” Felony
Stealing (less than $750) Class “A” Misdemeanor Class “E” Felony


Missouri’s enhancement statutes are ever changing, and it is crucial to consult with an attorney to determine whether sentence enhancement applies to the facts of a specific case.

Minimum Terms of Imprisonment

In addition to sentence length enhancement in the case of certain prior offenders, Missouri law provides for minimum terms for certain defendants. If a minimum term applies the defendant may not be paroled until serving the minimum term in custody. Such determination is made by the Department of Corrections and/or Probation an Parole and is not determined by the sentencing court.

Unlike sentence enhancement, minimum terms of imprisonment are not based on the prior number of pleas and/or convictions. Instead, minimum terms of imprisonment are applicable when a defendant has had a prior “commitment” to the Missouri Department of Corrections. A prior commitment is a prior sentence which was actually served in the Department of Corrections. Prior commitments do not include convictions which resulted in confinement in the county jail, probation or suspended execution of a prison sentence, first time 120 shock programs, or long term drug treatment programs.

In 2019, the prior commitments law was changed. It now only applies to new convictions for the following offenses:

  • Murder – Second Degree – 565.021
  • Voluntary Manslaughter – 565.023
  • Involuntary Manslaughter – First Degree – 565.024
  • Involuntary Manslaughter – Second Degree – 565.027
  • Assault – First Degree – 565.050
  • Assault – Second Degree – 565.052
  • Assault – Third Degree – 565.054
  • Domestic Assault – First Degree – 565.072
  • Domestic Assault – Second Degree – 565.073
  • Domestic Assault – Third Degree – 565.074
  • Harassment – First Degree – 565.090
  • Kidnapping – First Degree – 565.110
  • Child Kidnapping – 565.115
  • Kidnapping – Second Degree – 565.120
  • Parental Kidnapping – 565.153
  • Child Abduction – 565.156
  • Stalking – First Degree 565.225
  • Infanticide – 565.300
  • Rape – First Degree – 566.030
  • Rape – Second Degree – 566.031
  • Statutory Rape – First Degree – 566.032
  • Statutory Rape – Second Degree – 566.034
  • Sodomy – First Degree – 566.060
  • Sodomy – Second Degree – 566.061
  • Statutory Sodomy – First Degree – 566.062
  • Statutory Sodomy – Second Degree- 566.064
  • Child Molestation – First Degree – 566.067
  • Child Molestation – Second Degree – 566.068
  • Child Molestation – Third Degree – 566.069
  • Child Molestation – Fourth Degree – 566.071
  • Sexual Misconduct Involving a Child – 566.083
  • Sexual Contact with a Student – 566.086
  • Sexual Abuse – First Degree – 566.100
  • Sexual Abuse – Second Degree – 566.101
  • Promoting Online Sexual Solicitation – 566.103
  • Sex with Animals – 566.111
  • Sexual Conduct with Nursing Facility Resident – 566.115
  • Sexual Conduct in Course of Public Duty – 566.145
  • Enticement of Child – 566.151
  • Age Misrepresentation With Intent Solicit Minor – 566.153
  • Abusing Individual Through Forced Labor – 566.203
  • Trafficking for the Purpose of Slavery – 566.206
  • Trafficking for the Purpose of Sexual Exploitation – 566.209
  • Sexual Trafficking of Child – First Degree – 566.210
  • Sexual Trafficking of a Child – Second Degree – 566.211
  • Contribution to Human Trafficking – 566.215
  • Abandonment of Child – First Degree – 568.030
  • Endangering Welfare Child – First Degree – 568.045
  • Abuse or Neglect of Child – 568.060
  • Genital Mutilation – 568.065
  • Trafficking in Children – 568.175
  • Arson – First Degree – 569.040
  • Burglary – First Degree – 569.160
  • Robbery – First Degree – 570.023
  • Robbery – Second Degree – 570.025
  • Stealing (A,B, C Felonies only) – 570.030
  • Financial Exploitation of Elderly (A, B Felonies only) – 570.145
  • Identity Theft (B, C Felonies only) – 570.223
  • Possession, Manufacture, Transfer Certain Weapons – 571.020
  • Unlawful Use of a Weapon – 571.030
  • Unlawful Possession Firearm – 571.070
  • Sexual Exploitation of Minors – 573.023
  • Promoting Child Pornography – First Degree – 573.025
  • Promoting Child Pornography – Second Degree – 573.035
  • Possession Child Pornography – 573.037
  • Child Used in Sexual Performance – 573.200
  • Promoting Sexual Performance by Child – 573.205
  • Promoting Civil Disorder – First Degree – 574.070
  • Causing Catastrophe – 574.080
  • Making a Terrorist Threat – First Degree – 574.115
  • Hindering Prosecution – 575.030
  • Resisting or Interfering with Arrest – 575.150
  • Disarming a Peace Officer – 575.153
  • Endangering Corrections Employee – 575.155
  • Endangering Mental Health Employee – 575.157
  • Escape or Attempt Escape from Custody (A Felony only) – 575.200
  • Escape or Attempt Escape from Confinement – 575.210
  • Aiding Escape of a Prisoner (B felony only) – 575.230
  • Permitting Escape (B felony only) – 575.240
  • Treason – 576.070
  • Supporting Terrorism – 576.080
  • DWI – 577.010
  • Boating While Intoxicated – 577.013
  • Water Contamination – 577.078
  • Bus Hijacking – 577.703
  • Planting Explosive Near Bus Terminal – 577.706
  • Trafficking Drugs – First Degree – 579.065
  • Trafficking Drugs – Second Degree (A, B Felony only) – 579.068

If your offenses is not included in the above list, then the following minimum time served provisions do not apply. If your present offense is included in this list, then the minimum terms of imprisonment before parole are as follows:

  • 1 Prior Commitment: Must serve minimum of 40% of sentence
  • 2 Prior Commitments: Must serve minimum of 50% of sentence
  • 3 Prior Commitments: Must serve minimum of 80% of sentence
  • Dangerous Felony: Must serve minimum 85% of sentence

Sentencing Alternatives

It is important to consult with an attorney to determine whether you may be eligible for an alternative to imprisonment or fines. Courts often have wide discretion to grant probation in lieu of prison time. Additionally, many courts in Missouri now include rehabilitative programs such as DWI court, drug court, and mental health court. Certain offenders may be eligible for such rehabilitative programs in lieu of a prison sentence. It is crucial to speak early and often with your attorney to determine whether such program is a possibility under the specific facts of your case.

Attorneys at Cline, Braddock & Basinger are ready to assist you. It is our hope that you find these materials useful. When you are ready contact our offices to schedule a free consultation.

Information provided on this page is for educational use only. Accessing this page does not give rise to an attorney-client relationship, and the information provided should not be regarded as legal advice. Laws of the State of Missouri are subject to change, and there is no warranty, express or implied, that the information included on this page is still accurate at the time of access. Please consult a licensed Attorney to discuss the specifics of any legal matter. Attorneys at Cline, Braddock & Basinger can be reached at (573) 443-6244


  1. Amanda on February 26, 2022 at 5:18 pm

    I was charged with a DWI over a decade ago. I got arrested for a second. I believe my BAC was .2 or close. The Caldwell County officers equipment was dirty as well as the equipment in the jail. I was not asked to do a field sobriety test. What are my chances of beating this?

    • Cline Braddock Basinger on March 17, 2022 at 4:45 pm

      Amanda, thank you for reaching out. DWI cases are very fact specific, so I would need to know more about your specific case to be able to say what chance of success you would have in challenging it. If you would like to discuss this matter the best way to do so is to call our office at 573.443.6244

  2. Gregory Goode on August 23, 2022 at 6:04 pm

    Do resisting arrest charges carry a minimum mandatory percentage in d.o.c. In Missouri?

    • Chris Braddock on August 23, 2022 at 8:28 pm

      Resisting arrest does not have a mandatory minimum on its own, but qualifies for a mandatory minimum if the person has prior commitments to the Department of Corrections.

  3. Janine Rundblad on September 9, 2022 at 6:39 am

    Wow. Thank you
    I have never been able to condense all that ‘prison math’ I call it, so concisely before! Well written
    Thanx again,

  4. Justeen Fought on October 18, 2022 at 4:17 am

    My son has never been arrested or gotten so much as a parking ticket prior to this, he has his high school diploma and attends college. While working at a retail chain over the course of 6 times he stole gift cards worth about $1500. With it being his first offense, is there any chance at all he can avoid jail and get probation instead?

    • Cline Braddock Basinger on October 18, 2022 at 2:26 pm

      Probation may be a possibility, but I would need to speak with your son to know all the details before I could give an informed opinion. The best option would be to call our office and we can discuss over the phone 573.443.6244

      • Jeremy Erickson on November 26, 2022 at 8:05 am

        So I had three prior calendars dating back to 1990 3 my last one was 7 years ago I’m not on parole or anything and I just got charged with stealing class d felony is there any way I’ll be eligible for drug court means turning out on heroin and have mental health issues

        • Cline Braddock Basinger on November 29, 2022 at 6:41 pm

          Each county’s drug court admissions are a little different. The biggest thing is that you must live in a county that has a drug court (many counties in Missouri do not have drug courts). There are also certain disqualifying offenses (usually involving violence), so it could also depend on what the prior convictions are for. Assuming you meet the baseline qualifications then it would ultimately be up to the Judge whether to order treatment court. We have advocated for many people who wanted to enter treatment court and would be happy to discuss the specifics of your situation. If you would like to discuss this matter in more detail, please contact us at 573.443.6244.

    • Heather on April 25, 2023 at 10:38 pm

      What happens if you already got a lawyer but failed the probation part how much fail time is that or will they just give me another probation

      • Cline Braddock Basinger on April 26, 2023 at 1:03 pm

        Probation violations are usually treated as separate matters. Unless you had an agreement with your original attorney that they would represent you on probation violations related to the case you probably need to re-hire him or her or hire another lawyer. As far as the outcome of a probation violation, that depends on many factors. I would need more information to be able to give advise about possible outcomes. IF you would like to discuss this matter, please contact our office at 573.443.6244.

  5. Samantha on November 25, 2022 at 7:49 am

    My boyfriend was just charged with possession of controlled substances felony d try to escape felony end disturbing the piece misd. C and I think 2 more misd. Can remember what they r is there anything u can tell me as far as how much time he might be looking at and is there any possibility that he could just be given probation and maybe drug treatment program something other then jail?

    • Cline Braddock Basinger on November 29, 2022 at 6:38 pm

      Hi Samantha, probation and/or treatment court are always options that can be negotiated for. Whether or not the state would go along with probation/treatment court is very case specific, however. As such, it is impossible to really say what the chances are without getting more information. We would be happy to discuss this matter with you further if you call us at 573.443.6244.

  6. Jay on December 27, 2022 at 8:41 am

    I have an aggravated assault class B special victims a the officer was only bruised. My first offense with no prior convictions. Does my case still fall under mandatory minimum sentences? or since its my first time, do you think they will give me long time probation an can It be the probation that gets off my record or its automatically gone be the probation that stays on my record?

    • Cline Braddock Basinger on December 28, 2022 at 6:28 pm

      Jay, it would depend on additional facts. Section 557.045 RSMo prohibits probation on dangerous felonies where the victim is a law enforcement officer, firefighter, or an emergency service provider while in the performance of his or her duties. That said, sometimes an amendment to a charge can be negotiated to remove the special victim component (and thereby remove the prohibition on probation). If you would like to discuss the specific details of your case, please call our office at 573.443.6244.

  7. Pam on February 28, 2023 at 2:35 am

    Unlawful Use Of Weapon – Subsection 4 – Exhibiting { Felony E RSMo: 571.030 }
    What would be the best plea deal a person can get?
    He was drinking and got into an argument and fired a gun either at the ground or into the side of the vehicle. No one was psychically harmed.

    • Cline Braddock Basinger on February 28, 2023 at 5:55 pm

      Range of punishment on a class E Felony is up to four years incarceration and/or fines up to $10,000.00. That is the maximum, however, not necessarily what a disposition would be. I would need more information to be able to really estimate what would happen, however. It might be something where he could receive probation, but again I would really need to know more to know whether that is in the realm of possibilities. It would be relevant whether he has prior convictions. If you would like to discuss this matter, please contact our office at 573.443.6244.

  8. Adam Opitz on February 28, 2023 at 10:13 am

    I got a speeding ticket in Missouri for 95 in a 60. A class B misdemeanor. This is my first offense in Missouri.
    But last year I got the same ticket in the state of Illinois and was put on court probation.
    What could happen to me

    • Cline Braddock Basinger on February 28, 2023 at 5:52 pm

      Range of punishment on a B misdemeanor is a fine up to $1,000.00 and/or incarceration up to six months. It is unlikely that those max sentences are what would actually happen, however. It may be possible to resolve a matter like that with a fine or probation, but I would need more information to really be able to determine what the likely options are. If you would like to discuss this matter, please contact our office at 573.443.6244.

  9. Shaun on August 5, 2023 at 12:11 am

    My brother has been charged 3rd degree assault…4 prior felonies all over 16 yrs ago…and 2 prior DOC commitments….is there a mandatory prison sentence or possible probation

    • Cline Braddock Basinger on August 7, 2023 at 1:33 pm

      He would likely still be eligible for probation (it would ultimately be up to the judge whether to grant probation or not). If he received a DOC sentence, however, he would have have a mandatory minimum before being eligible for parole (likely 50%).

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