Being charged with a crime is frightening, and the process that follows is rarely explained in plain language. This is a step-by-step guide to how a criminal case moves through the Missouri courts, how a misdemeanor differs from a felony, and what happens at each stage from the first charge to sentencing.
Few experiences are as disorienting as being pulled into the criminal justice system, whether it happens to you or to someone you love. The terminology is unfamiliar, the stakes are high, and the process moves on its own schedule. Understanding the road ahead will not make a charge go away, but it removes some of the fear that comes from not knowing what happens next. This article walks through the Missouri criminal process from beginning to end, explains the crucial difference between a misdemeanor and a felony, and details how a felony case in particular proceeds through the courts.
One point belongs at the very top. Nothing here is a substitute for a lawyer. If you are facing charges, the most important thing you can do is speak with a criminal defense attorney before you speak with anyone else, and exercise your right to remain silent until you do.
Misdemeanor or felony? The distinction that shapes everything
Missouri sorts crimes into two broad categories, and which one applies determines almost everything that follows: where the case is heard, how it is charged, how long it takes, and what is at risk. A misdemeanor is a less serious offense punishable by up to one year in the county jail. A felony is a serious offense punishable by more than one year in the custody of the Missouri Department of Corrections, and in the most serious cases by life imprisonment. Below both sits the infraction, which is not technically a crime at all and carries only a fine.
Within each category, Missouri assigns a class that fixes the range of punishment. Those ranges come from RSMo 558.011 for imprisonment and RSMo 558.002 for fines.
Felony classes in Missouri
Class A: ten to thirty years, or life imprisonment.
Class B: five to fifteen years.
Class C: three to ten years, plus a fine up to $10,000.
Class D: up to seven years, plus a fine up to $10,000.
Class E: up to four years, plus a fine up to $10,000.
Misdemeanor classes in Missouri
Class A: up to one year in jail and a fine up to $2,000.
Class B: up to six months in jail and a fine up to $1,000.
Class C: up to fifteen days in jail and a fine up to $750.
Class D: no jail time; a fine up to $500.
A felony conviction carries consequences that reach far beyond any sentence, including the loss of the right to possess a firearm, barriers to employment and housing, and lasting damage to a professional license or reputation. That is why the misdemeanor-or-felony question is the first and most important one in any case.
How a person is actually charged
A criminal case does not begin with a trial. It begins with a formal accusation, and Missouri uses several instruments to bring one. A case usually starts when a prosecutor files a complaint, a sworn document alleging that a person committed a specific offense. For a misdemeanor, that complaint, followed by an information filed by the prosecutor, is generally all that is required to move the case forward. Misdemeanors are handled in the associate circuit division and do not go through the additional screening that felonies require.
A felony is different. Because the stakes are higher, the Missouri Constitution requires an additional finding of probable cause before a felony can proceed to trial, and there are two paths to that finding. The first is a preliminary hearing, at which a judge hears enough of the prosecution’s evidence to decide whether there is probable cause to believe the defendant committed the crime. The second is a grand jury, a panel of citizens that reviews evidence in private and returns an indictment if at least nine of twelve members find probable cause. Whichever path is used, the felony charge is then carried forward on a formal charging document, an information or an indictment, in the circuit court.
Being charged is not the same as being guilty. Every person is presumed innocent, and the state must prove each element of the offense beyond a reasonable doubt.
The felony process, step by step
A felony case moves through a sequence of stages, each with its own purpose. Timelines vary from county to county, and not every case includes every step, but the path generally looks like this.
1. Investigation and arrest. Law enforcement investigates and, if there is probable cause, makes an arrest, either on the scene or later under a warrant signed by a judge. An arrest is not a charge; it is the beginning of the process.
2. Booking and the complaint. After arrest the defendant is booked, and the prosecutor decides what, if anything, to charge by filing a complaint. Prosecutors, not police, decide the formal charges.
3. Initial appearance and bond. The defendant is brought before a judge, informed of the charges and of the right to counsel, and the court sets the conditions of release. This is where bond is addressed, whether the person is released on their own recognizance, released on conditions, or held on a monetary bond pending further proceedings.
4. Preliminary hearing or grand jury. As described above, the felony must clear a probable-cause finding, either at a preliminary hearing in the associate circuit division or through a grand jury indictment. A defendant may waive the preliminary hearing. If probable cause is found, the case is bound over to the circuit court.
5. Arraignment. In the circuit court, the defendant is formally presented with the charges in the information or indictment and enters a plea of guilty, not guilty, or not guilty by reason of mental disease or defect. Most defendants plead not guilty at this stage so the case can proceed.
6. Discovery and pretrial motions. Each side exchanges evidence through discovery, and the defense may file motions, such as a motion to suppress evidence obtained through an unlawful search. Many cases are won or lost on these pretrial issues long before any trial.
7. Plea negotiations. The great majority of criminal cases are resolved by a negotiated plea rather than a trial. Any agreement is subject to the judge’s approval, and Missouri law provides for notice to victims before a plea is accepted.
8. Trial. If there is no plea, the case goes to trial in the circuit court. A jury is selected, both sides give opening statements, evidence and witnesses are presented and cross-examined, the judge instructs the jury on the law, and the attorneys deliver closing arguments. To convict, the jurors must agree unanimously that the state has proven guilt beyond a reasonable doubt.
9. Sentencing. If the defendant is convicted, the court imposes a sentence within the statutory range for the offense class. A jury may recommend a sentence, but a judge may reduce that recommendation and may not increase it. Sentencing can involve imprisonment, probation, fines, restitution, or a combination.
10. Appeal. After sentencing, a convicted defendant may appeal to the Missouri appellate courts, arguing that legal errors affected the outcome. An appeal is not a new trial; it is a review of what happened in the trial court.
How the misdemeanor process differs
A misdemeanor case follows a shorter version of the same path. It is charged by information, handled in the associate circuit division, and does not require a preliminary hearing or a grand jury. After the charge, the defendant appears, enters a plea, exchanges discovery, and either resolves the case through a plea or proceeds to trial, which may be to a judge or a jury. While the stages resemble the felony process, misdemeanor cases generally move faster and carry lower exposure. They are still serious, because a conviction creates a permanent criminal record and can carry jail time.
Your rights at every stage
From the first contact with police through sentencing, the accused holds rights that shape the entire process: the presumption of innocence, the right to remain silent, the right to an attorney, the right to confront witnesses, and the right to a trial by jury. The state carries the burden throughout and must prove guilt beyond a reasonable doubt. These rights are only as effective as they are used, which is why early legal representation matters so much.
How long does the state have to charge you?
Missouri also limits how long prosecutors have to bring most charges. Under RSMo 556.036, the general statute of limitations is three years for most felonies and one year for most misdemeanors, though the most serious offenses, including murder and certain sexual offenses, may be prosecuted at any time. Because the exceptions are significant and fact-specific, the limitations question is one to raise with an attorney rather than to rely on alone.
Helpful resources
• Missouri Courts — official court information and self-help
• Missouri Attorney General — The Court Process guide
• RSMo 558.011 — Terms of imprisonment by class
Related on this site: Criminal Law · Felonies · Misdemeanors · Expungement – the process, and who is eligible · One Word in a Jury Instruction: Missouri Appeals Court Reverses Murder Conviction Over Castle Doctrine Self-Defense · 500 Feet From the Person, Not the House
Related on this site: Missouri automatic expungement begins in January: what SB 1421 clears, what still needs a petition, and what can never be expunged.
Charged with a crime in Missouri?
The decisions made in the first days of a case can shape everything that follows. If you or someone you love is facing charges, the sooner you have a lawyer, the better protected your rights are. Haake Law Group can help you understand where your case stands and what to do next.
This article is provided for general educational purposes only and is not legal advice; reading it does not create an attorney-client relationship. Criminal procedure varies by county and by the specific facts of a case, and the law changes over time. If you are facing criminal charges, exercise your right to remain silent and consult a licensed Missouri criminal defense attorney as soon as possible. Statutory references are to the Revised Statutes of Missouri (RSMo Chapters 556 and 558) and to the Missouri Rules of Criminal Procedure; procedural details are drawn in part from the Missouri Attorney General’s court-process guidance.