Latest News | Grafe & Batchelor

July 4, 2023 by Grafe & Batchelor

Have You Been Charged With Theft?

Could you be wrongly accused of committing a theft in or near the St. Louis area? If you’re charged with a theft in Missouri, you’re going to need the services and advice of a Jefferson County theft attorney, and you’ll need to contact that attorney as soon as possible.

What constitutes theft in Missouri? What are the penalties for a theft conviction? Why will you need to be represented by a Jefferson County theft lawyer? Continue reading this short discussion of theft – and your rights if you are charged with theft – for the answers to these questions.

What Constitutes Theft in Missouri?

A theft happens in Missouri when someone takes someone else’s property or services without permission and without any intention of paying for it or returning it. It’s also illegal in this state to receive items that you know or believe may be stolen.

Theft in this state includes robbery, fraud, shoplifting, auto theft, and embezzlement. Whether the charge is a misdemeanor or a felony depends on the value of what was taken, the nature of the items or services that were taken, and the defendant’s previous criminal convictions (if any).

Penalties for theft convictions vary widely in this state. The penalty for a Class A felony theft conviction is ten years to life in prison, but a first offense involving less than $150 worth of stolen property is a Class D misdemeanor subject upon conviction to a $500 fine.

How Can You Fight a Theft Charge?

If you are charged with theft and you honestly believed you were entitled to the stolen items or services, that belief is an admissible defense against a theft charge in Missouri. Other defenses that your attorney may offer on your behalf include:

You’ve been “framed” or misidentified, and someone else committed the theft.
No theft actually happened, and the charge against you has been fabricated

What’s the Truth About Theft?

Many people have false beliefs – misconceptions – about theft that are simply wrong. Here’s a list of those false beliefs and an explanation of the truth behind each of these misconceptions:

You have to commit a theft to be charged with burglary.
Retailers – and many other theft victims – never actually call the police.
Pleading guilty is the easiest and most expedient way to handle a theft charge.
Having a theft conviction expunged is easy.
If you’re charged with theft, you don’t really need an attorney.

Misconception #1: A Burglary Charge Requires a Theft

Under Missouri law, someone commits a burglary by entering or remaining in any building or inhabitable structure without consent and with the intention to commit a crime inside. That crime may be theft, assault, or any other crime.

However, that intended crime does not have to happen in order for burglary to be charged. Simply entering a structure without permission with criminal intent is enough to prompt a burglary charge.

Misconception #2: The Police Will Not Be Called

You may have read that retailers in some cities no longer allow employees to call the police in response to shoplifters. While that may be true in some areas, it certainly is not true in Missouri. Many retailers hire security personnel and use surveillance cameras extensively.

Many stores post signs that read “Shoplifters will be prosecuted to the fullest extent of the law,” and they mean it. Even admitting your theft to a security guard and returning the stolen items may not prevent a call to the police or keep you from being charged with theft.

Misconception #3: You Should Plead Guilty to a Theft Charge

You may think that pleading guilty and putting a theft charge behind you is the expedient thing to do, but pleading guilty to a theft charge is never a good idea. A conviction for any crime creates a criminal record that can be seen by neighbors, landlords, and potential employers.

When you’re charged with theft – or any other crime – you have the legal right to offer a defense and the right to a trial before a jury of your peers. Even if you committed the theft and you are willing to be punished, you should enter a not guilty plea and heed your attorney’s advice.

Misconception #4: Expunging a Theft Conviction is Easy

Expunging a theft conviction is a complicated process, and expungement is not guaranteed. For starters, you must wait three years after a misdemeanor conviction or seven years after a felony conviction simply to begin the expungement process.

You’ll need an attorney focused on helping clients through the expungement process, proof that you’ve completed your sentence successfully, and letters from employers or others who can verify your rehabilitation. At an expungement hearing, these questions must be answered:

Have you satisfied all legal obligations related to your theft conviction?
Have you been found guilty of any other crime since the theft conviction?
Are any other criminal charges pending against you?
Does your conduct indicate that you are rehabilitated?
Does your expungement serve the interests of justice and the public welfare?

Misconception #5: You Won’t Need an Attorney for a Theft Charge

Don’t even think about acting as your own lawyer. Missouri criminal law is exceedingly complicated, and it’s constantly changing. Moreover, your freedom and your future will be at stake. You must put your theft case in the hands of the right Jefferson County theft attorney.

If you’re guilty of theft, don’t compound that mistake with a second mistake – acting as your own lawyer. If you’re not guilty, having a Jefferson County theft lawyer fighting on your behalf is your best chance for winning an acquittal. But how can you select the right defense attorney?

Let Grafe & Batchelor Fight for You

If you are facing a theft charge, now or in the future, you must contact a defense attorney immediately. Your lawyer will need some time to investigate your case and develop an aggressive, effective strategy for your defense.

The legal team at Grafe & Batchelor has successfully defended clients charged with theft crimes in Jefferson County, St. Francois County, Washington County, and throughout the greater St. Louis area. We have more than thirty years of combined criminal defense experience.

A theft attorney at Grafe & Batchelor will thoroughly review the evidence against you, prepare your defense, and protect your rights while bringing your theft case to its best possible outcome. If you are charged with a theft crime, promptly contact the law offices of Grafe & Batchelor at 636-220-5934, and an attorney will provide a free, no-obligation evaluation of your case.

June 2, 2023 by Grafe & Batchelor

Have You Been Charged With a Crime?

If you’ve been charged with a felony or a misdemeanor in or near the greater St. Louis area – or anywhere in the State of Missouri – you must contact a Jefferson County criminal defense attorney for legal advice and representation as quickly as possible.

Especially if you have never been charged with a crime, every step of the legal process can be frightening and confusing. You could be forced into a police car, left for hours or even days in a jail cell, and placed on trial – even if you are innocent and you have been wrongly accused.

What are your rights if you’ve been charged with a crime in this state, and what should you know about selecting an attorney? If you will keep reading this brief discussion about criminal defense attorneys and your legal rights in Missouri, you will find the answers you may need.

Choosing the Right Attorney May Not Be Easy

Here is an example to consider. You are accused of a serious crime – something like rape or armed robbery – and you are trying to choose the right defense lawyer. The first lawyer you speak to says your best alternative is a plea deal that allows you to serve a reduced sentence.

The lawyer offers to handle the case for a low fee – let’s say $1,000. Nevertheless, you do not want to serve any time behind bars, and you do not want to establish a criminal record. No one does.

The next lawyer you meet says that you can be acquitted – for a $5,000 fee. If you’re an average working person with an average income, which lawyer do you select? People who are sure that they’re innocent almost always pick the second lawyer, pay more, and their case goes to trial.

The first lawyer has offered this hypothetical defendant practical, honest advice at a reasonable price. The other lawyer offers what may in fact be costly wishful thinking. When it comes to choosing an attorney, there is no magic solution, but there are some steps you should take.

What Are the “Dos” of Hiring a Criminal Defense Lawyer?

These are the steps you should take when you hire a criminal defense lawyer:

Be practical and realistic. Even if you’re innocent, step back and ask yourself, what conclusion does the evidence actually point to? Your innocence might not be as apparent and obvious to others as it is to you.
Talk to more than just two lawyers. You may need to speak with four or five to get a better perspective and understanding of your legal situation.
Find a lawyer that you genuinely, personally like and trust – someone who has roots in your community and an outstanding reputation. Ask people you trust – friends and family members – for recommendations, and research local lawyers online.

What Questions Should You Ask?

Before you choose or reject a defense lawyer, ask that lawyer the following questions:

Does your practice focus on criminal defense?
How many clients have you represented with cases like mine?
How many times have you taken a case to trial? What were the outcomes?
How long does it typically take to resolve cases like this one?
Have you ever faced disciplinary action from the Missouri Bar?
Do you have references from former clients?
How do the fees work, and what will your services cost?
How will we stay in touch, and how often?

What Are the “Don’ts” of Hiring a Defense Lawyer?

These are the precautions you should take when you hire a criminal defense lawyer:

Do not hire the first lawyer you speak with, even if that lawyer is likable and offers practical, realistic advice. You absolutely need to look around, and you can still hire that lawyer if you fail to find a better match.
Do not hire a lawyer who does not focus his or her practice on criminal defense. Your cousin’s bankruptcy lawyer and your employer’s business attorney may be quite good at what they do, but they probably have little to no criminal defense experience.
Never hire an attorney who promises a specific outcome to your case. Hiring a good Jefferson County criminal defense lawyer is your best chance for winning justice, but no particular result can ever be absolutely guaranteed in the criminal justice system.

Can’t You Act as Your Own Attorney?

If you’ve been charged with a crime, do not even consider trying to act as your own attorney. The law in Missouri is complicated, and even for a misdemeanor charge, any mistake you make could mean the loss of your freedom.

In fact, if you are placed under arrest, every Missouri defense attorney would tell you to be polite, but remain silent. Police officers still use tricks and intimidation when they question suspects, and even the most innocent answers can be twisted and used against you.

If the police want to ask you questions, you should simply say something like, “I prefer to exercise my right to remain silent until my attorney can be present,” and then say no more, and contact a Jefferson County criminal defense attorney at your very first opportunity.

Similarly, never attempt to negotiate on your own with the prosecutor or with the police. Instead, let your attorney do all of the talking and negotiating on your behalf. If you are offered a plea bargain, consult your attorney before you accept or reject the offer.

Why Should You Choose Grafe & Batchelor?

If you’ve been charged with a crime, don’t procrastinate. It may take some time to locate the right attorney, and your attorney will need still more time to review your case and provide you with the best possible defense.

The criminal defense attorneys at Grafe & Batchelor offer aggressive, effective defense representation to clients who have been charged with crimes in Jefferson County, Washington County, St. Francois County, and throughout the St. Louis area and the State of Missouri.

With over three decades of combined criminal defense experience, the team at Grafe & Batchelor will conduct a thorough investigation of your case, examine the evidence, speak to the witnesses, and protect your rights while bringing your case to its best possible conclusion.

We have successfully defended clients throughout the State of Missouri, and we’re ready to defend you. If you need a criminal defense lawyer – now or in the future – call the offices of Grafe & Batchelor immediately at 636-220-5934 for a free, no-obligation case evaluation.

May 1, 2023 by Grafe & Batchelor

Are There Cases Where Sexual Abuse Isn’t a Crime?

If someone has accused you of committing a sexually-based domestic violence crime, you must be advised and represented by a Jefferson County domestic violence attorney, and you must contact that attorney’s offices as quickly as possible.

Domestic violence happens far too frequently in this state, and Missouri’s courts take even the threat of domestic violence seriously. However, these cases are sometimes complicated because a defendant claims the victim consented to sexual behavior that may be considered abusive.

Domestic violence includes sexual abuse, which is defined as coercing or attempting to coerce another person into sexual contact or sexual behavior against that person’s will. How are claims of consent handled by the courts in domestic violence cases that involve sexual abuse?

What are your rights if you are charged with a domestic violence crime? When should you contact a Jefferson County domestic violence lawyer? For the answers you may need, keep reading this short discussion of sexual abuse, domestic violence, your rights, and Missouri law.

How is Sexual Abuse Defined?

According to the U.S. Department of Justice, sexual abuse is coercing or attempting to coerce sexual behavior without the other person’s consent. It includes marital rape, physically violent sexual activity, or treating someone in a sexually humiliating manner.

Under the laws in all fifty states, consent is the line between legal and illegal sexual behavior. Did both people agree to and engage voluntarily in behavior that would otherwise be considered abusive and criminal?

That question must be answered in a domestic violence case when a defendant claims that the alleged victim consented to activity that may be considered abusive. If a defendant can prove an alleged victim consented, the defendant can’t be convicted of sexually-based domestic violence.

What is “Consent” in Domestic Violence Cases?

The precise legal definition of consent varies from state to state, but generally speaking, consent is an ongoing discussion of sexual boundaries and what partners are comfortable with. Specifically, consent is an agreement between sexual partners regarding their sexual activity.

Consent must be communicated clearly and voluntarily. An affirmative, verbal expression of someone’s consent helps that person as well as the other person respect and understand one another’s boundaries.

Who May Not Consent to Sexual Activity?

Legally speaking, a person cannot consent to sexual activity if that person is:

a minor
incapacitated or intoxicated by alcohol and/or drugs
unconscious or asleep

Because consent must be entirely free and voluntary, someone cannot legally consent to sexual activity if that person has been intimidated or threatened. If one individual has authority over another, such as a teacher over a student or an employer over an employee, consent cannot be given freely by the person under the authority.

May Consent Be Withdrawn?

Someone’s consent to sexual activity may be withdrawn at any time. The best way to withdraw consent is to communicate clearly to the other person that you are now uncomfortable with the activity and want the activity to stop.

The way to make sure that both parties are comfortable with a sexual activity is to talk about it, check periodically with your partner, and ensure that consent is freely given before any escalation or change of sexual activities.

Have You Been Falsely Accused?

Domestic violence and sexual abuse crimes happen far too often in Missouri, but so do fabricated allegations of domestic violence and sexual abuse. If you are the target of a phony domestic violence or sexual abuse claim, contact a Jefferson County domestic violence attorney at once.

False sexual abuse claims can be made for a number of reasons – or for no apparent reason at all. While a good domestic violence defense lawyer will work diligently to uncover the truth, if your sex abuse/domestic violence case goes to trial, what is “true” will be determined by a jury.

Charged With Domestic Violence? How Will an Attorney Help?

If you are charged with any crime of domestic violence in this state, a Missouri domestic violence lawyer will review the evidence in your case, speak with any witnesses, protect your rights, and fight aggressively for justice on your behalf.

Your defense attorney may ask the prosecutor to drop the charge, or your attorney may petition the court with a motion to dismiss the charge. If the charge against you cannot be dropped or dismissed, you have two remaining options:

If the evidence of your guilt is substantial, your attorney may negotiate with the prosecution for an acceptable plea bargain. In most plea bargains, you agree to plead guilty to a lesser charge and to serve a reduced sentence.
If you are not guilty of a domestic violence crime, insist on your right to a jury trial, where your attorney will explain to a jury exactly what happened (and what didn’t happen) and why you should be found not guilty.

What Else Should You Know About Sexual Abuse and Domestic Violence?

In Missouri, four different sexual assault charges are available to prosecutors:

First-degree sexual assault is a Class C felony. A conviction may be penalized with a lengthy prison sentence.
Aggravated first-degree sexual assault is a Class B felony. A conviction may be penalized with an even lengthier prison sentence.
Second-degree sexual assault is a Class A misdemeanor. A conviction may be penalized with jail time and a fine.
Aggravated second-degree sexual assault is a Class E felony. A conviction may be penalized with a prison sentence.

Sexual abuse and domestic violence can never be tolerated or excused, but sexual assault defendants are entitled to due process, and they have basic constitutional rights just like anyone accused of any other crime.

How Should You Choose a Sexual Assault Defense Lawyer?

The legal team at Grafe & Batchelor offers a strong, aggressive defense for clients who are charged with domestic violence crimes. With more than thirty years of combined experience in criminal law, we have successfully represented defendants in every part of Missouri.

A Jefferson County domestic violence lawyer at Grafe & Batchelor will take the time to learn the facts about your case, question the witnesses, and prepare an effective defense on your behalf while protecting your rights and working for the best possible outcome.

If you are accused of a domestic violence or sexual abuse crime in the greater St. Louis area or any other part of Missouri, promptly call the offices of Grafe & Batchelor at 636-220-5934 for a free case evaluation. We are ready to put the law to work for you.

April 7, 2023 by Grafe & Batchelor

How is Reckless Driving Handled in Missouri?

Driving recklessly is a criminal offense in Missouri. The charge is “careless and imprudent” driving, and it is usually a Class B misdemeanor. If you’re charged with reckless driving, reach out at once to a Jefferson County traffic lawyer for the representation that you will need.

What is reckless driving? It can’t be determined with a radar gun like speeding, and it can’t be photographed like running through a red light. To be honest, careless and imprudent driving is subjective. It’s determined by the police officer who stops you and by the court that handles your case.

How are careless and imprudent driving cases handled in the State of Missouri? What steps can you take to challenge the charge? For the answers you may need, please continue reading this short introduction to imprudent and careless driving and your legal rights.

What May Be Considered Reckless Driving?

In 2021, more than a thousand traffic fatalities were reported in Missouri. The laws in this state require drivers to operate their vehicles prudently and carefully, at speeds that do not place property or other persons in danger.

To convict you of careless and imprudent driving, the state must demonstrate that you put others in danger. Driving that may be considered reckless in Missouri includes but is not limited to the following driving behaviors:

cutting other drivers off
driving too rapidly for weather and road conditions
failure to stop at stop signs or red lights
following someone too closely
using a GPS or phone while driving
eating, reading, or grooming while driving
drifting or weaving between lanes

How Are Convictions Penalized?

Careless and imprudent driving is quite serious compared to most traffic offenses. It’s a crime that can put you in jail upon conviction. It is usually charged as a Class B misdemeanor, although if you cause an accident by driving recklessly, it’s a Class A misdemeanor.

Injuries or substantial property damage, however, may prompt more serious criminal charges. If you are convicted of driving carelessly and imprudently, you may expect:

a considerable fine
the possibility of time in jail
points on your driving record

If you have a professional license in Missouri, a careless and imprudent driving conviction may trigger disciplinary action by your state licensing board, and if you’re not a U.S. citizen, a conviction for careless and imprudent driving could prompt a deportation proceeding.

What Else Does Reckless Driving Entail?

Convictions for moving violations in Missouri put penalty points on your driving record, and too many points will trigger a license suspension or revocation. Your car insurance will cost more, and it may not be easy to find or keep a driving job or another job that requires you to drive.

A reckless driving conviction puts four points on your driving record if it’s charged as a state law violation and two points if it’s charged as a municipal law violation. If you receive eight points or more within eighteen months, your license will be suspended for at least thirty days.

If you injure someone while driving recklessly, you could also be named as a defendant in a personal injury case, and if you’re found liable in civil court, you can be ordered to pay for that person’s lost wages, medical bills, personal suffering, pain, and related losses and damages.

How Do Defense Attorneys Handle Reckless Driving Cases?

If you are accused of careless and imprudent driving, consult a Jefferson County traffic attorney at once, and adhere to your attorney’s advice. Your attorney may seek to have the charge dropped or to have the case dismissed, but if that’s not possible, your case may go to trial.

At a careless and imprudent driving trial, jurors will take a number of factors into account when they determine your guilt or innocence, including the visibility, road, weather, and traffic conditions when you allegedly drove carelessly and imprudently.

To win a conviction, the prosecution must prove you knowingly ignored the risk you posed for others by driving recklessly. If your lawyer can convince the jurors that you made only a single driving mistake and had no criminal intentions, a plea bargain might be offered or the case could be dismissed.

When a driver charged with driving while intoxicated (DWI) in Missouri accepts a plea bargain, the charge may be reduced to reckless endangerment, which is also called “wet reckless.” Wet reckless is legally similar to careless and imprudent driving, with comparable penalties for convictions.

When Should You Contact An Attorney?

Don’t even consider acting as your own attorney or negotiating your own plea bargain. Driving carelessly and imprudently is a serious criminal violation in Missouri, so you must be advised and defended by a Jefferson County traffic lawyer who will safeguard your legal rights and bring the matter to its best possible resolution.

If the state can prove you knew (or that you should have known) your imprudent and careless driving put others on the road in danger, you will be convicted, but if your attorney negotiates a plea bargain, you may enter a guilty plea to a lesser charge and then receive a reduced sentence.

Don’t accept a plea deal until you’ve consulted your lawyer. If you’re not guilty, reject any plea arrangement offered by a prosecutor, and then insist on a jury trial. If your case goes to trial, your Jefferson County traffic attorney may offer one of these defenses on your behalf:

You were not the driver of the vehicle at the time of the reckless driving incident.
Your driving did not constitute imprudent or careless driving.
You were acting to avoid an accident (the “necessity” defense).

What Else Should You Know About Reckless Driving?

In Missouri, if you are accused of careless and imprudent driving, your best chance for an acquittal – or for a reduced penalty – is to call a Missouri traffic attorney at the first possible opportunity. You’re innocent until and unless the state can prove that you are guilty.

If you’re facing a careless and imprudent driving charge or any other traffic charge in the greater St. Louis area – now or in the future – don’t just pay the fine.

Instead, contact a Missouri traffic lawyer – as soon as possible – who will fight for your acquittal and fight to keep any points off your driving record.

March 3, 2023 by Grafe & Batchelor

Can the Police Still Arrest You for Marijuana in Missouri?

Recreational marijuana became legal for adults in Missouri in 2022, but its use and sale is still regulated by law, and if you violate one of these laws in or near the St. Louis area, you will need the advice and services of a Jefferson County skilled drug offenses attorney – as quickly as possible.

What laws now regulate the consumption and sale of cannabis in Missouri? Who may legally sell and cultivate marijuana in this state? In what circumstances will you need to contact a Jefferson County marijuana attorney for help? Keep reading to learn the answers to these questions.

What Are Missouri’s Laws for Using and Possessing Marijuana?

With the passage of Amendment 3 by Missouri voters in 2022, recreational marijuana is now legal in the State of Missouri for those who are 21 years old and older. Adults in Missouri may now possess no more than three ounces of cannabis for recreational consumption.

With a $100 application fee, you can also apply for a license to grow your own. You must be 21 or older to be eligible for a license, and you may not grow more than eighteen marijuana plants in an area of your property that must be locked, secured, and not visible to the general public.

However, only dispensaries will be licensed to sell cannabis and cannabis products in Missouri. Selling marijuana to a minor remains a felony in this state, and any sale or purchase of marijuana outside of the state-regulated dispensary system remains against the law.

How Did Recreational Marijuana Become Legal in Missouri?

In May 2014, Missouri reduced the penalties for some marijuana offenses and eliminated jail time as a potential penalty for the first-time possession of up to ten grams of marijuana. In 2018, Missouri voters approved Amendment 2, legalizing the use of cannabis for medical purposes.

In 2022, the passage of Amendment 3 made Missouri the twenty-first state to legalize recreational marijuana for adults. Fifty-three percent of the state’s voters approved the measure.

Along with legalizing recreational marijuana use and cultivation for adults in Missouri, Amendment 3:

imposes a six percent sales tax on recreational marijuana sold by licensed dispensaries
gives cities and municipalities the option to impose an additional three percent sales tax

Where Can You Smoke Marijuana?

Amendment 3 allows adults to smoke marijuana inside private residences, but it remains against the law to smoke marijuana in Missouri’s parks or on sidewalks, in moving vehicles, or on the grounds of a private or public school.

In general, it is against the law in Missouri to smoke marijuana anywhere “in public.” Tenants who rent their residences may smoke marijuana on the premises only with the consent of the landlord.

What if You Have a Marijuana Conviction on Your Record?

Anyone who has previously been convicted of a nonviolent possession of marijuana charge in Missouri which involved less than three pounds of marijuana, and who is not currently serving time in a Missouri jail or prison, will have his or her record reviewed, and the marijuana possession conviction will probably be expunged before June 8, 2023.

However, a Missouri judge may prevent an expungement for what Amendment 3 calls good cause. Critics of the amendment have expressed concerns that “good cause” is not well-defined and that judges could abuse their power to prevent the expungements of marijuana records.

Expunging a criminal record in this state makes that record no longer available to the public, and in most cases, an expunged record does not have to be disclosed to prospective employers or landlords. An expunged criminal record in Missouri may be unsealed only with a court order.

What if You Are Now Serving Time for a Marijuana Conviction?

If you are currently serving a sentence in a Missouri jail or prison for a marijuana conviction, the charge against you and the conviction won’t be automatically dismissed or expunged as a result of Amendment 3’s passage. You will have to ask an attorney to petition the court on your behalf.

However, if you are serving time in jail or prison, or if you are on parole or probation, and you have been convicted of a nonviolent, marijuana-related criminal charge, your lawyer may petition the court for your release (or for your removal from parole or probation) and to have your conviction record expunged.

Contact a Jefferson County marijuana lawyer – do it as quickly as you can if you are currently in a Missouri jail or prison – and ask that attorney to help you with the legal paperwork and guide you through the expungement process.

How Will Legalization Affect Drug Testing and Employment?

There is nothing in Missouri law that prevents an employer from prohibiting recreational cannabis or requiring employees to take drug tests to detect cannabis consumption. But what if you are already using marijuana for medical reasons, and you have a doctor’s prescription for it?

Employers in Missouri may not discipline or terminate an employee and may not refuse to hire a potential employee based solely on that person’s status as a medical marijuana patient or because that person consumes doctor-prescribed marijuana for medical reasons outside of the workplace.

However, these protections do not extend to recreational cannabis users. Even if an employee is a medical marijuana patient, an employer may discipline or terminate an employee who is under the influence at the jobsite or during working hours in violation of the employer’s policy.

What Else Should You Know About Marijuana in Missouri?

Although recreational marijuana is now legal – with certain restrictions – for adults in Missouri, those who consume and sell marijuana should clearly understand that Missouri’s law enforcement officers will be aggressively enforcing the current marijuana laws and regulations.

The unlicensed sale, cultivation, or trafficking of marijuana remains illegal in Missouri, and if large amounts of marijuana are involved, a conviction will be harshly penalized. Marijuana remains illegal under federal law, and transporting it across a state line is a federal offense.

If you are charged with a marijuana or marijuana-related crime – in St. Louis or anywhere else in Missouri – you must take that charge seriously. You will need to be advised and defended by a Jefferson County marijuana attorney, and you should contact that attorney immediately.

Finally, if you need to have an old marijuana conviction expunged – or a more recent conviction expunged – you should also contact a Missouri marijuana lawyer as quickly as possible for the legal assistance you need.

February 2, 2023 by Grafe & Batchelor

Have You Been Charged With Domestic Violence?

Missouri’s domestic violence laws are complicated, and a criminal domestic violence case in this state is a complex legal procedure. If you are charged with a domestic violence crime in or near the St. Louis area, contact a Jefferson County domestic violence defense lawyer immediately.

For far too many Missouri families, domestic violence is a serious concern. What constitutes a domestic violence crime in Missouri? How are domestic violence crimes prosecuted? When should you reach out to contact a Jefferson County domestic violence defense attorney?

If you’re falsely accused, how can you challenge a domestic violence allegation and avoid a criminal conviction? Keep reading this brief discussion of domestic violence, your rights, and the law in Missouri for the answers to these questions.

Who May Be a Domestic Violence Victim?

Domestic violence is a genuine and substantial problem in every state. Domestic violence impacts divorce, separation, and child custody proceedings. Every year in the United States, more than ten million children, women, and men are the victims of domestic violence crimes.

Domestic violence crimes in Missouri are crimes committed against:

a former or current spouse
a relative by marriage or blood
someone the perpetrator lives with or previously lived with
someone the perpetrator had or has an intimate relationship with

What Crimes Are Domestic Violence Crimes?

Under Missouri law, “domestic violence” is not necessarily actual physical violence; threats, intimidation, and stalking – the actions that typically precede actual violence – are also legally considered domestic violence in this state.

However, domestic violence always involves two or more people who are related, in an intimate relationship, or previously in an intimate relationship. These crimes, when committed against any of the parties listed above as potential victims, are domestic violence crimes in Missouri:

domestic assaults and sex crimes
child abandonment, neglect, and abuse
false imprisonment, stalking, and kidnapping
elder abuse
the violation of a protection order

How Are Domestic Violence Offenses Charged?

Felony convictions in Missouri may be penalized with time in prison. Misdemeanor convictions may be penalized with fines and/or time in a county jail. How are different domestic violence offenses charged in Missouri?

An attempt to murder or inflict serious harm on a victim is a Class B felony. A repeated attempt to murder or inflict serious harm on a victim may be charged as a Class A felony.
An attempt to injure or harm a victim with a weapon or with physical force is charged as a Class C felony.
Intentionally placing a victim in an unsafe environment or engaging in reckless conduct that endangers potential victims is charged as a Class E felony.
Trying to cause a victim’s physical injury, physical pain, or illness may be charged as a Class A misdemeanor.

How Does Missouri Handle Domestic Violence?

Domestic violence in Missouri is handled with aggressive prosecutions, harsh penalties, and little leniency. If you are charged with one of these crimes, you will need a Jefferson County domestic violence defense attorney to protect your rights and to advocate on your behalf.

The sentences for domestic violence convictions depend on the details of the charge and the defendant’s previous criminal history. Serious injuries, the use of weapons, and multiple offenses will increase the severity of the penalties for a conviction.

A domestic violence conviction will negatively impact your parental and custody rights, your opportunities for employment, your right to obtain and hold a professional license, and your right to buy, own, carry, or use a firearm.

What if the Allegation Against You Was Fabricated?

Fabricated domestic violence claims are made for all kinds of reasons. Your ex may be seeking an edge in a child custody or property dispute. A resentful teen may fabricate a claim against a stepparent. Some false domestic violence charges are made with no apparent motive at all.

False domestic violence accusations are not uncommon. Judges, prosecutors, and defense lawyers deal routinely with false claims. A Jefferson County domestic violence defense lawyer will counterattack a false charge to find the truth about what did or did not happen.

If you’re wrongly charged with a domestic violence crime in Missouri, in many cases, a good domestic violence defense lawyer can discredit a false claim. In other cases, your attorney may recommend self-defense or the defense of your personal property as your legal defense strategy.

What Else Will the Right Attorney Do?

After considering the details of the charge, your domestic violence defense attorney will develop an aggressive, effective defense strategy. If you’re charged with domestic violence and you’re innocent, fight the charge.

If the charge cannot be dropped or dismissed, and you’re innocent, insist on a jury trial where your defense attorney will tell the jurors what actually happened and why they should return a not guilty verdict.

However, if you are in fact guilty, and if the evidence against you is conclusive, your lawyer may negotiate for reduced or alternative sentencing.

Does Missouri Require Mandatory Domestic Violence Arrests?

In many states, if the police receive a call about an incident of domestic violence, they must make an arrest. There is no mandatory arrest law in Missouri, and law enforcement officers are allowed to use their own discretion in domestic violence situations.

However, if the police make no arrest, they must write a detailed report of the incident, and if a second call is made within a twelve-hour period, the alleged abuser must be taken into police custody.

In Missouri, spouses cannot be compelled to testify against one another in court. When a domestic violence case goes to trial, the court may have to rely on evidence such as medical and police reports and third-party testimony.

Have You Been Accused of Domestic Violence?

If you have been charged with a crime of domestic violence in or near the St. Louis area, you are not required to answer any questions asked by the police. You can simply say, “I would prefer to exercise my right to remain silent until my attorney can be here,” and then say no more.

Do not contact the person who has accused you. It is important to de-escalate the situation. Instead, contact a Missouri domestic violence defense attorney at once to begin working on your defense.

A successful defense will require the skills of a Missouri criminal defense attorney who will address your concerns, explain how the domestic violence laws apply in your own case, and develop a defense strategy that will bring your case to its best possible conclusion.