What Is the Difference Between a Felony vs Misdemeanor Charge?

Facing criminal charges can be one of the most overwhelming experiences of a person’s life. Whether an arrest involves a minor incident or a serious accusation, one of the first questions people ask is: Is this a felony or a misdemeanor? The answer matters more than most realize. The difference between the two classifications in Missouri law determines not just how a case proceeds, but how it may affect your future, freedom, and reputation for years to come.

At Scrivner Law Firm, attorney Dayrell Scrivner brings decades of courtroom experience to every case. As a former prosecutor and now a dedicated criminal defense attorney, he understands both sides of the criminal justice system. This guide explains in detail how Missouri law defines felonies and misdemeanors, what separates them, and why having skilled representation can shape the outcome of your case.

Missouri’s Criminal Classification System

Missouri organizes all crimes by their potential punishment. This system separates offenses into two main categories: felonies and misdemeanors. The classification reflects how serious the state considers the conduct to be, and it directly affects where a case is filed, how it is prosecuted, and what penalties may follow.

What Is a Felony?

A felony in Missouri is any crime punishable by more than one year in the Missouri Department of Corrections. Felonies are reserved for the most serious criminal acts, such as violent offenses, significant thefts, or drug trafficking. These crimes often carry long prison terms, steep fines, and lifelong collateral consequences.

Missouri law recognizes five classes of felonies:

• Class A Felony: The most severe category, punishable by 10 to 30 years in prison or life imprisonment.
  
• Class B Felony: Carries a term between 5 and 15 years.
  
• Class C Felony: Punishable by 3 to 10 years in prison.
  
• Class D Felony: Up to 7 years in prison.
  
• Class E Felony: Up to 4 years in prison, representing the least severe felony classification.

Even the lowest-level felony can alter your life dramatically, from employment limitations to the loss of firearm rights or professional licenses.

What Is a Misdemeanor?

A misdemeanor is considered less serious than a felony, but still carries real legal and personal consequences. Misdemeanors are punishable by no more than one year in a county jail rather than state prison. While jail time is possible, many misdemeanor convictions result in probation, fines, community service, or counseling programs instead of incarceration.

Missouri divides misdemeanors into four classes:

• Class A Misdemeanor: Up to one year in jail and/or a fine up to $2,000.
  
• Class B Misdemeanor: Up to six months in jail and a fine up to $1,000.
  
• Class C Misdemeanor: Up to 15 days in jail and a fine up to $750.
  
• Class D Misdemeanor: Fine-only offenses, up to $500.

Even though misdemeanors are less serious, the impact of a conviction—especially for crimes involving violence, theft, or moral turpitude—can still affect employment, housing, and your criminal record.

The Importance of Charging Decisions

The distinction between a felony and a misdemeanor often depends on the details of the case. The prosecutor determines which charges to file, relying on police reports, witness statements, and the strength of available evidence. In many cases, the same conduct could support either type of charge depending on certain aggravating factors.

For example, stealing property valued at a few hundred dollars might be a misdemeanor, but if the value crosses a legal threshold or the accused has prior convictions, the same act can become a felony. Similarly, an assault charge could be elevated if a weapon was involved or if serious injury occurred.

Early legal intervention can sometimes influence how charges are filed. Attorney Dayrell Scrivner’s background as a prosecutor gives him insight into how charging decisions are made and how to present evidence or arguments that may result in reduced or alternative charges before the case advances too far.

Sentencing and Punishment in Missouri

Once the court determines the level of the offense, Missouri law sets specific sentencing ranges for judges to follow. The potential penalties include incarceration, fines, probation, community service, restitution, or a combination of these outcomes.

Felony Sentencing

Felony convictions typically lead to imprisonment in the Missouri Department of Corrections. Sentencing depends on the class of felony, the defendant’s prior record, and any statutory enhancements. Judges have discretion within these ranges and may also consider probation in certain situations, particularly for non-violent offenders.

In addition to prison terms, felony convictions can carry fines of up to $10,000 and restitution obligations to victims. Probation terms can be extensive, requiring regular check-ins, treatment programs, and compliance with strict court conditions.

Misdemeanor Sentencing

Misdemeanor convictions are served in the county jail rather than state prison. The maximum sentence is one year, though many cases resolve with probation instead of incarceration. Judges can also impose fines, restitution, or community-based penalties.

For first-time offenders, alternatives such as suspended imposition of sentence (SIS) or deferred adjudication may keep a conviction off the record if all court conditions are met.

The Role of Prior Convictions

Prior convictions have a significant impact on how new charges are handled. Missouri law allows the court to enhance penalties for defendants deemed prior or persistent offenders. In these cases, judges can impose longer prison terms or elevate misdemeanors to felonies.

Defense attorneys must scrutinize prior conviction records carefully. Errors in documentation, incomplete records, or misapplied statutes can result in improper enhancements. By challenging the validity of prior offenses, a defense lawyer can sometimes reduce exposure and restore balance in sentencing negotiations.

Beyond Sentencing: The Real-World Impact of Convictions

A criminal conviction, felony or misdemeanor, can follow you long after your sentence is complete. The collateral consequences can be as damaging as the direct penalties.

Employment and Licensing

Many employers conduct background checks as part of their hiring process. A felony conviction can disqualify applicants from numerous professions, while certain misdemeanors can also raise concerns in jobs that require trust or licensing. Teachers, healthcare workers, real estate agents, and contractors are just a few examples of professionals affected by criminal history.

Civil Rights and Firearms

A felony conviction results in the loss of key civil rights, including the right to vote, hold public office, and possess firearms. Some of these rights can be restored through expungement or post-conviction relief, but restoration is not automatic. Even certain misdemeanor domestic violence convictions can lead to a firearm prohibition under federal law.

Housing and Education

Landlords and educational institutions frequently perform background checks. Felony convictions can limit access to student housing or financial aid. Even a misdemeanor can cause barriers when applying for certain scholarships or graduate programs.

Expungement and Record Sealing in Missouri

Missouri law provides a pathway for individuals to seal certain criminal records through expungement. The process allows eligible people to move forward without the burden of a public conviction on background checks.

The waiting period to apply varies depending on the type of conviction, typically three years for misdemeanors and seven years for most felonies. However, some offenses, including violent crimes and sex offenses, are not eligible. Successful expungement means the record is sealed from public view, though law enforcement and courts may still access it.

Planning for expungement begins at the start of a case. A knowledgeable attorney can negotiate plea agreements or sentencing terms that preserve the possibility of expungement later, protecting your long-term interests.

How Defense Lawyers Approach These Cases

No two criminal cases are the same, and the line between a misdemeanor and a felony can often be influenced by a well-prepared defense. The strategy depends on the facts, the law, and the stage of the proceedings.

Early Investigation and Evidence Review

An experienced defense lawyer immediately begins investigating the case, interviewing witnesses, reviewing police reports, and gathering records. Quick action can reveal weaknesses in the state’s evidence, uncover procedural errors, or identify mitigating factors that justify lesser charges.

Negotiation and Charge Reduction

Prosecutors often consider amending charges when presented with compelling reasons—such as lack of prior offenses, restitution paid to victims, or evidence that contradicts the alleged facts. Reducing a felony to a misdemeanor can drastically change sentencing exposure and future consequences.

Trial and Litigation Strategy

If the case cannot be resolved through negotiation, the defense must be ready to take the case to trial. This includes challenging the prosecution’s witnesses, cross-examining law enforcement officers, and presenting alternative explanations of the evidence. A strong trial strategy can result in acquittal or dismissal.

Frequently Asked Questions

Can a misdemeanor become a felony?
Yes. Certain factors, like repeat offenses, use of a weapon, or the value of stolen property, can elevate a misdemeanor to a felony.

Can a felony ever be reduced to a misdemeanor?
In some cases, yes. With strategic negotiation, rehabilitation efforts, and mitigating evidence, a felony charge may be amended or pled down to a misdemeanor.

Do felonies always mean prison time?
Not necessarily. Many first-time or non-violent offenders are eligible for probation, suspended sentences, or alternative programs.

Will a conviction stay on my record forever?
Not always. Many offenses can be expunged after a waiting period, provided you meet all eligibility requirements and remain law-abiding.

The Scrivner Law Firm Advantage

Choosing the right attorney can make a decisive difference in how your case unfolds. As a former prosecutor, Dayrell Scrivner understands how the state builds cases and what weaknesses can be exploited. His insight allows him to anticipate prosecutorial tactics and build defenses that protect clients’ rights from the first court appearance through trial or resolution.

Scrivner Law Firm represents clients throughout Taney, Stone, and Christian Counties and across Southwest Missouri. The firm handles all levels of criminal charges (from misdemeanors to the most serious felonies) with a focus on clear communication, personal attention, and results-driven advocacy.

Start Building Your Defense Today

If you are facing criminal allegations in Missouri, whether a recent arrest, a formal charge, or an ongoing investigation, time is critical. Every decision you make from this point forward can affect the outcome of your case. Understanding the difference between a felony and a misdemeanor is important, but what matters most is having a lawyer who knows how to use that knowledge strategically to protect your rights and limit your exposure.

At Scrivner Law Firm, attorney Dayrell Scrivner draws on decades of experience and his background as a former prosecutor to guide clients through every stage of the criminal process. He takes the time to review the facts, challenge weaknesses in the state’s case, and craft a defense strategy aimed at the best possible result, whether that means a reduction in charges, dismissal, or a favorable resolution in court.

Do not wait until your first court date to seek help. The earlier you involve an attorney, the more options you have for controlling the narrative and protecting your future. Contact Scrivner Law Firm today for a confidential consultation. A single call can set in motion the steps that safeguard your freedom, your record, and your reputation.