A conviction for a drug crime in this state may mean a prison or jail term, fines for thousands of dollars, and a criminal record that will follow you for years. In Missouri, if you’re accused of a drug offense, you will need to contact a Jefferson County criminal defense lawyer at once.

Most drug crimes that are committed in the State of Missouri – except for the possession of less than 35 grams of marijuana – are felonies. What are the penalties for drug crime convictions? And where can you turn for the legal help you will need if you’re charged with a drug offense?

If you will continue reading this brief discussion of drug crimes in Missouri, these questions will be answered, and you will also learn more about your legal rights – and your legal recourse – if you are placed under arrest in this state and prosecuted for a drug violation.

Drug Possession Crimes

The U.S. Drug Enforcement Administration classifies each illegal drug into one of five distinct categories, known as “schedules,” based on the drug’s medical value and potential for abuse.

The penalties for drug possession convictions in Missouri hinge on the answers to these questions:

1. Were the drugs intended for sale or for the suspect’s personal use?
2. How much of the drug was involved?
3. How hazardous is the specific drug involved? On which “schedule” is it listed?
4. Is the defendant a “persistent” offender or habitual drug user?
5. Was the suspect on parole or probation at the time of his or her arrest?

The penalties for drug possession convictions depend on the answers to these questions and also on whether there were mitigating or aggravating circumstances linked to the crime. In general, drug possession crimes in Missouri are charged as either:

1. Class D misdemeanors punishable upon conviction with a fine of up to $500
2. Class A misdemeanors punishable with up to a year in jail and a fine of up to $2,000; or
3. Class D felonies punishable with up to seven years in prison

The possession of any illegal drug – with the exception of marijuana – is usually charged as a Class D felony.

Marijuana Possession in Missouri

Marijuana is legal only for medical purposes in Missouri. With a Standard Physician Certification, a patient may purchase and possess up to four ounces of medical cannabis every month from a licensed dispensary.

Otherwise, the possession of less than ten grams of marijuana is a Class D misdemeanor unless you have a prior drug conviction, which makes it a Class A misdemeanor. The possession of more than ten grams but less than thirty-five grams of marijuana is a Class A misdemeanor.

It’s rare, but even if you carry a medical marijuana card, you could still face criminal charges if you possess a greater amount than the legal limit or consume medical marijuana in public, so medical marijuana patients still need to exercise caution.

Illegal Drug Sales

The manufacture or cultivation of illegal drugs in Missouri is a Class A felony punishable upon conviction with at least ten and up to thirty years in state prison.

Selling illegal drugs or possessing those drugs with intent to sell is a Class B felony punishable upon conviction with at least five and up to fifteen years in prison.

Penalties for drug trafficking in Missouri vary according to the amount and type of illegal drugs involved. For instance, trafficking 450 grams or more of methamphetamine, or one gram or
more of LSD, is a Class A felony. Drug trafficking charges are non-parole offenses in this state.

Subsequent Drug Offenses

A defendant with a previous conviction for a felony in Missouri is considered a “prior offender.” Defendants with two or more previous felony convictions are considered “persistent offenders.”

In drug cases, a judge may sentence a persistent offender to the next highest felony class that would apply. For example, if a persistent offender is convicted of a Class B felony, the judge may sentence that persistent offender to the prison term applicable for a Class A felony.

“Extra-Legal” Penalties

In addition to fines and jail time, there are a number of significant “extra-legal” consequences that a drug crime conviction entails. For example, a conviction on a drug charge may make someone ineligible for certain jobs, public benefits, college scholarships, or firearms ownership.

If you hold a professional license, a drug crime conviction may lead to disciplinary action – which could mean the suspension or revocation of your license – by your professional licensing board. If you are not a U.S. citizen, a drug conviction could prompt a deportation hearing.

How Will a Drug Crimes Lawyer Help You?

If you face a drug crime charge, consult a drug crime attorney today to protect your freedom. Your attorney’s first step will be obtaining the answers to these questions:

1. Were you charged for possessing someone else’s illegal drugs?
2. Were you charged properly? Or were you overcharged for your particular violation?
3. Did the police at any point violate your legal and constitutional rights?

An unwarranted search or seizure is an unconstitutional violation of your rights. If the police violated your rights, it is possible that your attorney can have damaging evidence tossed out of court, and that may be sufficient for having the charge against you reduced or dismissed.

If you have read this far, you know that the drug crime laws in Missouri are extensive and quite complicated. If you are facing criminal drug charges in this state, you must understand exactly what the charges are and what penalties you are facing.

When Should You Contact a Defense Lawyer?

Anyone who is accused of a drug offense in Missouri – whether it’s possession, sale, cultivation, trafficking, or a combination of those charges – must contact a Missouri criminal defense attorney as quickly as possible. Do not procrastinate about making the call.

Your attorney will review the details of the charge, try to find a flaw in the state’s case against you, and seek to cast doubt on the state’s evidence.

A Jefferson County criminal defense lawyer will know which defense strategy is most appropriate and most effective in your particular case, but you must have the right lawyer’s help from the very beginning of the legal process.

Missouri does not have a specific law against “reckless” driving. Instead, reckless driving is called “careless and imprudent” driving. If you are charged with careless and imprudent driving in this state, you will need the advice and services of a Jefferson County traffic attorney.

Unlike running a stop sign or speeding – something recordable or measurable – careless and imprudent driving is more subjective and hinges on the details of each particular case. Careless and imprudent driving is one of the most serious traffic charges you can face in Missouri.

The courts in these cases consider a number of factors, but careless and imprudent driving is always more serious than a single mistake or moment of negligence. It is driving that willfully disregards the safety of others.

How is Careless and Imprudent Driving Handled in Missouri?

In Missouri, careless and imprudent driving is a criminal offense – a serious misdemeanor – that creates a criminal record and can send you to jail if you receive a conviction. Even a conviction for a first offense can potentially land you behind bars for six months.

How is careless and imprudent driving defined by Missouri law? What steps should you take if you are charged with careless and imprudent driving? And what penalties can be imposed for a conviction?

If you’ll keep reading this brief discussion of careless and imprudent driving in Missouri, these questions will be answered. You will learn more about your rights, and you will also learn where to obtain the legal help you need if you are charged with any serious traffic offense in this state.

What Does the Law Require?

You could be charged with careless and imprudent driving if you operate a vehicle in a manner that poses a risk to others. To convict you, the state must prove beyond a reasonable doubt that you endangered others on the road. Missouri law requires drivers to operate a vehicle:

• in a “careful and prudent manner”
• at a rate of speed so as not to endanger others or their property
• with “the highest degree of care”

Examples of careless and imprudent driving include but are not limited to excessive speeding, road rage, racing, distracted driving, texting while driving, or any other driving behavior that violates the three driving requirements listed above.

How Will a Defense Lawyer Handle Your Case?

Because careless and imprudent driving is a criminal offense in Missouri, you must be advised and represented by a Jefferson County criminal defense attorney who will protect your legal rights and bring the case against you to its best possible outcome.

A prosecutor does not have to describe a motorist’s mental state at the time of the careless and imprudent driving incident in order to win a conviction. You can be convicted if the prosecution simply proves that you knew or should have known that your driving was endangering others.

Depending on your driving history and the details of the careless and imprudent driving charge, the right lawyer helping clients with traffic tickets may be able to negotiate for a lesser charge with a lesser sentence or even have the case against you completely dismissed.

If your defense attorney can demonstrate that all you are really guilty of is making a single poor judgment while driving, and that you had no criminal intent, you may be offered a reasonable plea bargain or the careless and imprudent driving charge against you may be dismissed.

What Are the Penalties for a Careless and Imprudent Driving Conviction?

Usually, the penalties for a careless and imprudent driving conviction in Missouri are:

1. If no accident is involved, careless and imprudent driving is typically charged as a Class B misdemeanor. Convicted motorists may be penalized with up to six months in jail and a fine of up to $1,000.
2. If careless and imprudent driving causes an accident, it is a Class A misdemeanor. A conviction may be penalized with up to a year in jail and a fine of up to $2,000.
3. A careless and imprudent driving conviction also adds four points to a motorist’s driving record for a state violation and two points for a municipal ordinance violation.

Are There Additional Penalties?

A careless and imprudent driving conviction in Missouri remains on your driving record for three years, for four years if you are a commercial driver, or for five years if the conviction triggers a driver’s license suspension.

You should also consider the extra-legal penalties. A careless and imprudent driving conviction will increase your auto insurance rates, and if your job duties require you to drive, you may have difficulty keeping your job or finding similar employment.

If an accident caused by careless and imprudent driving results in significant property damage, serious physical injury, or death, a felony charge may be brought against the driver.

How Does the Point System Work?

If you accrue too many points on your Missouri driver’s license, your driver’s license will be suspended.

If you accumulate 8 or more points in 18 months, the Missouri Department of Revenue will suspend your license for 30 days (if it’s your first license suspension). The Department of Revenue will also suspend your driver’s license for one year if you accumulate:

• 12 or more points in 12 months
• 18 or more points in 24 months
• 24 or more points in 36 months

Can You Avoid a Careless and Imprudent Driving Charge?

As mentioned previously, careless and imprudent driving is subjective. A police officer has to make a decision as to whether your behavior constitutes careless and imprudent driving.

You are innocent of careless and imprudent driving unless and until a prosecutor can prove your guilt beyond a reasonable doubt. If you are accused of careless and imprudent driving in Missouri, immediately contact a Jefferson County traffic attorney to fight on your behalf.

In the State of Missouri, a conviction for assault entails serious penalties. If you are charged with assault in this state, either as a misdemeanor or as a felony, reach out to a Jefferson County criminal defense lawyer at once.

What constitutes assault under Missouri law? What penalties can be imposed for assault convictions? If you’ll continue reading, you will learn the answers to these questions, and you will also learn more about your rights if you are charged with an assault crime in this state.

The State of Missouri recognizes four “degrees” of assault, from the least serious (fourth-degree assault) to the most serious (first-degree assault). No crimes in Missouri are defined as “battery.” What would be considered battery in other states is included in Missouri’s definition of assault.

Is “Domestic” Assault Different?

An assault committed against a spouse, a family member, someone with whom the offender resides or previously resided, or someone with whom the offender is or has been involved in a dating relationship constitutes a domestic assault.

Domestic assault is handled differently than other assaults in Missouri, and the penalties can be more severe in many cases. If you face any type of assault charge in this state, you are going to need a good lawyer’s help.

What Constitutes Fourth-Degree Assault?

In Missouri, you can be arrested and charged with fourth-degree assault if:

1. You recklessly injure or attempt to injure someone else.
2. You negligently use a deadly weapon that causes bodily injury to another person.
3. You intentionally threaten someone to make that person fear serious physical injury.
4. You create the risk of injury or death to someone else with reckless behavior.
5. You intentionally provoke or offend a person who’s incapacitated.
6. You physically touch someone in a manner that is perceived as provocative or offensive.

Fourth-degree assault is usually charged as a Class C misdemeanor in this state, but it is charged as a Class A misdemeanor if the target of the crime is defined as a “special victim” under Missouri law. (Keep reading, and you’ll learn who are considered special victims.)

A conviction on the Class A misdemeanor charge may be penalized with up to a year in jail and/or a fine of up to $1,000. A conviction on the Class C misdemeanor assault charge may be penalized with up to fifteen days in jail and/or a fine of as much as $300.

What Constitutes Third-Degree Assault?

Third-degree assault happens in Missouri when a person intentionally causes a physical injury to someone else. Third-degree assault is usually charged as a Class E felony, but it is charged as a Class D felony if a special victim is the target of the crime.

A conviction for a Class E assault may be penalized with as much as four years in prison. A conviction for a Class D assault may be penalized with up to seven years in prison.

What Constitutes Second-Degree Assault?

You can be charged in Missouri with second-degree assault if:

1. You intentionally cause or attempt to cause a serious physical injury to someone else while under the influence of “sudden passion.”
2. You intentionally cause or attempt to cause injury to someone else with a deadly weapon or dangerous instrument.
3. You recklessly cause someone else’s physical injury.
4. You recklessly cause someone else’s physical injury by discharging a firearm.

Second-degree assault is usually charged as a Class D felony in this state, but it is charged as a Class B felony if the target of the assault is defined as a special victim.

A conviction on the Class D assault charge may be penalized with up to seven years in prison. A conviction on the Class B assault charge may be penalized with five to fifteen years in prison.

What Constitutes First-Degree Assault?

First-degree assault happens in Missouri when a person intentionally tries to kill or intentionally causes or tries to cause a serious physical injury to someone else. First-degree assault is usually a Class B felony, but it is a Class A felony if the target is a special victim.

A conviction for a Class B assault may be penalized with five to fifteen years in prison. A conviction for a Class A assault may be penalized with ten to thirty years in prison.

Assault Convictions Also Entail Extra-Legal Penalties

Because an assault conviction may show up on a background check, a convicted offender may have trouble finding employment or housing for years to come. An assault conviction will also prevent you from attending certain colleges and universities.

If you hold a professional license in Missouri, an assault conviction may trigger disciplinary action by your professional licensing board, and if you are an immigrant in Missouri, an assault conviction will put you at risk for deportation.

Who Are Special Victims?

The list of persons defined as special victims by Missouri law is quite extensive. As you might guess, it includes law enforcement officers, firefighters, and emergency medical personnel while they are performing their official duties, along with the elderly and the disabled.

However, Missouri’s special victim list also includes highway workers, cable workers, mass transit employees, and utility workers as well as parole officers, probation officers, and jailers while they are performing their official duties.

How Will an Attorney Defend You Against an Assault Charge?

Even when no one is actually injured, a defendant may be convicted for assault in Missouri merely for trying to injure someone. A Jefferson County criminal defense attorney may defend you by insisting that:

1. You acted in self-defense or in the defense of someone else.
2. Your action was not intentional or willful.
3. You have been misidentified and someone else committed the assault.
4. The “victim” fabricated the story, and no assault actually happened.

The precise defense strategy of a Missouri criminal defense attorney in an assault case will hinge on the details of the charge. A defense attorney will usually attempt to have an assault charge reduced to a lesser charge or simply dismissed.

When Should You Contact a Missouri Criminal Defense Lawyer?

If you are innocent of an assault charge and the charge cannot be dropped or dismissed, you have the right to insist on a jury trial where your attorney will ask the jury to find you not guilty.

If you are placed under arrest for an assault charge, exercise your right to remain silent, politely insist on having your lawyer present before you answer any questions, and contact a Jefferson County criminal defense lawyer at once. Your future and your freedom may depend on it.

Everyone knows – or should know – it is against the law to resist arrest, even if you’re not guilty of a crime, by fighting or otherwise physically resisting a police officer. If you’re charged with resisting arrest in Missouri, contact a Jefferson County criminal defense attorney right away.

Someone can be convicted of resisting arrest even if that person did not commit the crime that prompted the arrest, and you have no right to resist even an unlawful arrest in this state.

What Constitutes Resisting Arrest in Missouri?

In fact, here in Missouri, the legal definition of resisting arrest includes a range of behaviors and does not even necessarily entail violent physical resistance to a police officer. You can also be charged with resisting arrest if:

1. You ignore a siren or flashing lights while you’re driving, and you flee from a police officer in traffic.
2. You interfere with the arrest, stop, or detention of another person by using or by threatening the use of violence, physical force, or other physical interference.

Missouri law presumes that you were resisting the police if you kept driving after you had seen and heard (or after you should have seen and heard) the emergency lights and sirens of a police vehicle that was pursuing you.

What Are the Penalties for a Resisting Arrest Conviction?

Resisting or interfering with a misdemeanor arrest is usually charged as a misdemeanor in Missouri. A conviction is punishable with up to a year in jail and/or a fine of up to $2,500.

However, in the following circumstances, resisting arrest may be charged as a felony offense:

1. The person who allegedly resisted arrest created a substantial risk of serious physical injury or death to one or more other persons.
2. The arrest was based on a felony arrest warrant, a warrant for failure to appear in a felony case, or a warrant for a probation violation arising from a felony conviction.

A felony conviction for resisting arrest in this state is punishable with up to four years in prison and/or a fine of up to $25,000.

What Are the Other Consequences of a Criminal Conviction?

However, the legal penalties are not the only consequences of a conviction for resisting arrest. There are considerable extra-legal consequences. Your applications for employment, housing, loans, and college admissions may be denied if your conviction appears on a background check.

If you are an immigrant in Missouri, a resisting arrest conviction could trigger a deportation proceeding. If you hold a professional license in this state, a resisting arrest conviction could lead to a disciplinary action by your professional licensing board.

And if you are charged with another crime in the future, you’ll have a previous conviction on your criminal record. All of these reasons are the reasons why, if you are charged with resisting arrest, it is imperative to have the right criminal defense attorney advocating on your behalf.

How Will the Right Attorney Defend You?

A resisting arrest case often boils down to the defendant’s word about what happened versus the arresting officer’s. If a police officer used excessive force to arrest you, or if your language was rude but not threatening, your lawyer may be able to use these facts in your defense.

If you are charged with resisting arrest, contact a Missouri criminal defense lawyer as quickly as you can to discuss your case and to retain the aggressive and effective defense representation that you are very much going to need.

Your defense attorney will investigate what happened, review any video evidence or eyewitness statements, and determine if the police officer who was involved has any history of questionable arrests. The right defense attorney will quickly determine the real truth about what happened.

What Is Required to Convict You of Resisting Arrest?

To convict you of resisting arrest in the State of Missouri, a prosecutor must offer persuasive evidence that:

1. You intentionally resisted arrest by acting or by threatening to act violently against a law enforcement officer, by taking flight to evade an officer, or by interfering with the arrest, stop, or detention of another person, and
2. The law enforcement officer was lawfully engaged in his or her official law enforcement duties.

What Are the Defenses to a Resisting Arrest Charge?

Depending on the specific details of the charge against you, a Jefferson County criminal defense lawyer may offer one of these defenses on your behalf:

1. The officer used excessive force and you acted in self-defense. Police officers may use only the amount of force necessary to make an arrest, but additional force is unjustified. If you genuinely fear imminent injury or death, you have the right to defend yourself.
2. You were charged for resisting arrest simply because the officer did not like your words, looks, or attitude. If you offer this defense, you will probably need eyewitness statements or persuasive video evidence that supports your claim.
3. If the officer did not identify himself or herself as a police officer, you were not “intentionally resisting an officer,” and if you and your attorney can prove this defense, you should be acquitted by a jury or the case should be dismissed.

If You Are Placed Under Arrest

If you are placed under arrest for any reason, try to be as friendly and cooperative as possible while firmly insisting on your rights. Do not give your verbal consent to a search of your home or vehicle, but do not resist if the police insist on conducting a search without your consent.

Simply say, “You do not have my consent to conduct this search.” Similarly, if you are questioned by the police, say something like, “I’m sorry officer, but I would prefer to exercise my right to remain silent.” Do not, under any circumstances, physically resist the police.

When Should You Contact a Criminal Defense Lawyer?

If you are already under arrest and about to be charged with a crime, the last thing you need is another criminal charge – with the potential for even more severe criminal penalties. A criminal conviction can take your freedom, devastate your family, and make your future uncertain.

If you are charged with resisting arrest in Missouri, or with any other misdemeanor or felony, contact a Jefferson County criminal defense attorney at once. If you are charged with any crime, having a good defense attorney’s help is your right. Exercise that right and get the help you need.

Many Missouri families trust nursing homes to take care of their elderly loved ones. While many nursing homes offer outstanding care, others do not. Should you suspect that your elderly relative is a nursing home abuse victim, a Jefferson County nursing home abuse attorney can help.

About 10,000 of us in the U.S. turn age 65 every day. In less than a decade, almost one in five of us will be 65 or older. Every one of us needs to know about the abuse of the elderly and recognize its signs.

Our older loved ones deserve respect. Sometimes, however, what the elderly get instead is abuse, neglect, and exploitation. Nursing home abuse is a tragedy in our state and nation. It can rapidly lead to a resident’s dehydration, malnutrition, or a deteriorating medical condition.

What are the Laws Regarding Nursing Home Abuse?

In far too many cases, Missouri nursing home residents have been the victims of emotional, physical, and sometimes sexual abuse. These nursing home residents are increasingly targeted for financial exploitation such as theft and forgery.

What are the laws regarding nursing home abuse in Missouri? What recourse do victims and their families have? What are their rights? Can the victims of nursing home abuse be compensated? Will abuse victims and their families need an attorney’s advice and services?

If you’ll keep reading, you will learn the answers to these questions, and you’ll learn more about the tragedy of abuse in nursing homes.

What Causes Nursing Home Abuse?

At some Missouri nursing homes, employees are overworked, undertrained, and underpaid. When the owner of a nursing home cuts corners in terms of training, staffing, and pay, neglect and abuse are likely.

Owners have a right to profit, but that profit should not come at the expense of their residents. At least one underlying cause of nursing home abuse and neglect is the unwillingness of some nursing home owners to pay the cost of proper training and adequate staffing.

Nursing home negligence and abuse, over time, may trigger a slow decline in a resident’s medical condition. A wrongful death is sometimes the result. Abuse victims and their families are legally entitled to compensation when nursing home abuse takes place in Missouri.

If You Have a Loved One in a Nursing Home

If you have a disabled or elderly family member who resides in a nursing home, your family should keep open lines of communication with the nursing home’s staff, make surprise visits frequently, and remain alert to any indications of negligence, mistreatment, or abuse.

Even in the highest-rated nursing homes, it’s vital for family members to be on the lookout for any possible signs of neglect or abuse.

What Constitutes Nursing Home Abuse?

Elder abuse, according to the National Committee for the Prevention of Elder Abuse, is any “mistreatment that results in harm or loss to an older person.” Sadly, however, reports of nursing home abuse are increasing. Nursing home abuse or neglect may include but isn’t limited to:

• dehydration and malnutrition
• ulcers or bedsores
• verbal, emotional, physical, or even sexual abuse
• theft and financial exploitation
• unwarranted restraint
• failure to monitor nursing home residents
• abuse or malpractice and the ensuing medical complications

Whatever places residents at risk, neglects their rights, or denies their human dignity may be defined as nursing home abuse. If you have a loved one in a Missouri nursing home, look for bedsores, bruises, cuts, mood swings, a sudden loss of weight, or a sudden medical emergency.

What Do Bed Sores Indicate?

Bedsores are typically a clear sign that a nursing home isn’t providing standard care. These sores form when the blood flow to the skin is reduced because of unrelieved pressure on a particular spot, causing the surrounding tissue to die.

Nursing home employees can simply turn patients in their beds to prevent bedsores. Quite candidly, a failure to perform a task this simple is unacceptable and probably indicates that neglect is widespread at that specific nursing home.

Another sign of neglect is inadequate dental care. If you are choosing a nursing home for an elderly loved one, be sure to find out what type of dental care is provided.

What About Financial Exploitation?

Along with other types of abuse, some nursing home employees have taken advantage of residents for their own financial gain. Financial exploitation of the elderly can include:

• forging a signature
• the theft of cash, jewelry, or other valuables
• tricking or intimidating someone into signing a check, a contract, or a will
• unauthorized check cashing

If you discover any clear indication of neglect, abuse, or financial exploitation, or if you have good reasons to suspect neglect or abuse at a Missouri nursing home, take action now and schedule a no-cost legal consultation with a Missouri nursing home abuse lawyer.

Missouri nursing homes have liability – they’re legally responsible – for the safety and well-being of the residents. When these residents are neglected, isolated, or put at risk, residents and families may sue a nursing home’s owners as well as the employees responsible for the abuse.

If You Find Nursing Home Abuse, Who Can Help?

It cannot be stressed strongly enough that most nursing homes in Missouri are professionally maintained and extraordinarily well-managed, but nursing home neglect and abuse can never be tolerated.

There is no reason why any Missouri nursing home resident should receive anything other than the highest-quality care. Reporting abuse of the elderly is everyone’s duty, and when families sue nursing homes on behalf of a loved one, they’re also helping to deter future incidents of abuse.

If your own loved one is a nursing home abuse victim in Missouri – or if you have strong suspicions, but you’re not sure – put your concerns in the hands of a Jefferson County nursing home abuse lawyer immediately.

What Will It Cost to Seek Justice?

You’ll need personalized legal advice from the moment you suspect nursing home abuse. Your first consultation with a Jefferson County nursing home abuse lawyer is offered without cost or obligation.

If your family brings an injury claim against a nursing home’s owners and staff, you will pay no attorney’s fee unless and until your attorney recovers compensation on behalf of your elderly loved one.

There is no higher priority than our family members, and a nursing home abuse attorney is the person who can help you protect an elderly family member. If you find ongoing nursing home negligence, mistreatment, or abuse, make the call to a nursing home abuse attorney at once.