Missouri Felony Classes and Misdemeanor Penalties (2026)

Missouri defines a felony as "an offense so designated or an offense for which persons found guilty thereof may be sentenced to death or imprisonment for a term of more than one year," and a misdemeanor as an offense so designated or one punishable by a maximum of one year or less (RSMo 556.061(26), (33)). The code sorts felonies into classes A through E and misdemeanors into classes A through D (557.016), and treats infractions as non-criminal. For other states, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Missouri's offense definitions and classes in RSMo 556.021, 556.061, 557.016 and 557.021, the authorized terms and fines in 558.011 and 558.002, sentencing by court or jury in 557.036, the dispositions in 557.011, the repeat-offender and minimum-term statutes in 558.016, 558.019, 566.125, 571.015 and 579.170, the probation limits and bars in 557.045, 559.016, 559.036, 559.100 and 559.115, and the versions of those sections in force on 2026-10-17. It does not cover how individual offenses are graded (see the Missouri theft laws and Missouri assault and battery laws pages for two examples), time limits for charges, record clearing, municipal ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony, misdemeanor and infraction in Missouri

Missouri uses three tiers.

• Felony. Section 556.061(26): "an offense so designated or an offense for which persons found guilty thereof may be sentenced to death or imprisonment for a term of more than one year." Either test is enough: the label, or a possible term over one year.
• Misdemeanor. Section 556.061(33): "an offense so designated or an offense for which persons found guilty thereof may be sentenced to imprisonment for a term of which the maximum is one year or less."
• Infraction. Section 556.021.1: "An infraction does not constitute a criminal offense and conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense." Unless the law provides otherwise, infractions follow misdemeanor procedure (556.021.2).

Where the sentence is served also follows the line. A felony prison sentence commits the person to the Department of Corrections, while "A sentence of imprisonment for a misdemeanor shall be for a definite term" in the county jail or another authorized penal institution (558.011.3).

Missouri felony and misdemeanor classes and penalties

Section 557.016 sets five felony classes and four misdemeanor classes and provides that "Infractions are not further classified." The authorized terms come from 558.011.1, "including both prison and conditional release terms," and the fines from 558.002.1.

These are the ranges for the class itself. The persistent and dangerous offender rule in 558.016 moves class B to E felonies up one class for some repeat offenders, 579.170 moves some drug felonies up one or two classes for prior and persistent drug offenders, and other statutes set life terms or mandatory minimums, as described below.

The fine limits in 558.002.1 apply "Except as otherwise provided for an offense outside this code." Instead of those amounts, if the person "has gained money or property through the commission of the offense," the court may fix a fine "not exceeding double the amount of the person's gain" (558.002.1(7)). Section 558.002.1 lists no dollar ceiling for class A or B felonies.

How a Missouri sentence is set

Court or jury. Upon a finding of guilt, "the court shall decide the extent or duration of sentence or other disposition to be imposed under all the circumstances" (557.036.1). When a case is tried to a jury, the trial proceeds in two stages and the jury "shall assess and declare the punishment as authorized by statute" (557.036.2-3). The court, not the jury, assesses punishment if the defendant asks in writing before voir dire, or if the state pleads and proves the defendant is a prior, persistent, dangerous or persistent misdemeanor offender, or a persistent or predatory sexual offender (557.036.4). Under 558.019.13, the sentencing advisory commission may not "issue recommended sentences in specific cases pending in the courts of this state."

Dispositions. For a felony or misdemeanor, 557.011.2 lets the court, in any appropriate combination, sentence the person to imprisonment, impose a fine, "Suspend the imposition of sentence, with or without placing the person on probation," pronounce sentence and suspend its execution with probation, or impose detention as a condition of probation.

Prison term and conditional release. Under 558.011.4, except as otherwise provided, a sentence for a term of years for a felony other than a dangerous felony, and other than a sentence involving the person's fourth or subsequent remand to the Department of Corrections, "shall consist of a prison term and a conditional release term." The conditional release term is one-third of terms of nine years or less, three years for terms between nine and fifteen years, and five years for terms over fifteen years. The parole board may extend the conditional release date up to the entire sentence (558.011.5).

Minimum prison terms. Section 558.019 (version in force since August 28, 2024) sets minimum shares of the sentence that certain offenders must serve before release. For an offender covered by subsection 2 who has one previous prison commitment for a felony, the minimum is "forty percent of his or her sentence or until the offender attains seventy years of age, and has served at least thirty percent of the sentence imposed, whichever occurs first," with higher minimums for more prior commitments. An offender found guilty of a dangerous felony and committed to the Department of Corrections must serve a minimum of 85 percent of the sentence, with an alternative for an offender who reaches age 70 after serving part of the sentence (558.019.3). For this calculation, "A sentence of life shall be calculated to be thirty years" (558.019.4).

Consecutive sentences. Multiple sentences run concurrently unless the court orders otherwise, except that sentences for first-degree rape, forcible rape, rape, first-degree statutory rape, the parallel sodomy offenses, and attempts to commit them "shall run consecutively to the other sentences" (558.026.1).

Repeat offenders and the top of the scale

Prior, persistent and dangerous offenders (558.016, version effective August 28, 2026). The definitions:

• A "prior offender" "has been found guilty of one felony."
• A "persistent offender" "has been found guilty of two or more felonies committed at different times, or one who has been previously found guilty of a dangerous felony."
• A "dangerous offender" is being sentenced for a felony during which the person "knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person," and has been found guilty of a class A or B felony or a dangerous felony.
• A "persistent misdemeanor offender" has been found guilty of two or more class A or B misdemeanors committed at different times.

The findings of guilt must be "prior to the date of commission of the present offense" (558.016.6). For a prior offender or persistent misdemeanor offender, the court "may" sentence within 558.011 or the statute governing the offense. For a persistent or dangerous offender, the rule is mandatory: "The court shall sentence a person, who has been found to be a persistent offender or a dangerous offender, and is found guilty of a class B, C, D, or E felony to the authorized term of imprisonment for the offense that is one class higher than the offense for which the person is found guilty" (558.016.7). The court must also impose an extended term when the offense statute, or a more specific enhancement provision, sets one based on a prior finding of guilt (558.016.1). Subsection 7 has required the one-class-up term since the 2017 version; the version in force from August 28, 2026 changed subsection 1 so that the court "shall" (previously "may") impose an extended term in the cases it lists.

Persistent and predatory sexual offenders (566.125). A persistent sexual offender, one previously found guilty of a listed rape or sodomy offense (or an equivalent offense elsewhere), who is found guilty of attempting or committing one of those offenses must receive "imprisonment for life without eligibility for probation or parole," meaning "imprisonment for the duration of the person's natural life." A person found to be a predatory sexual offender "shall be imprisoned for life with eligibility for parole." The court sets the minimum time before eligibility for parole, conditional release or other early release: at least 30 years where both the prior and the current offense are among those listed in 566.125.1, at least 15 years in several other listed combinations, and otherwise a term within the range that would apply without the finding. A predatory sexual offender may never receive a final discharge from parole (566.125.6-.7).

Prior and persistent drug offenders (579.170). The court must sentence a prior drug offender found guilty of a class C, D or E felony under chapter 579 to the term for an offense one class higher, and a persistent drug offender to the term two classes higher; a persistent drug offender found guilty of a class B felony under chapter 579 is sentenced to the class A term (579.170.4-.5).

Armed criminal action (571.015). A person who commits a felony "by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon" is also guilty of armed criminal action, an unclassified felony punished by 3 to 15 years (at least 5 years if the person was unlawfully possessing a firearm). The term is in addition to and consecutive to the sentence for the underlying crime, and the person is not eligible for parole, probation, conditional release, or suspended imposition or execution of sentence for 3 calendar years. Second and third or subsequent offenses carry higher minimums and 5- and 10-year bars.

Murder. First-degree murder is a class A felony, and for a person 18 or older "the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor" (565.020.2). A person under 18 at the time is sentenced under 565.033 to life without parole as provided in 565.034, life with eligibility for parole, or not less than 30 and not more than 40 years. Second-degree murder is also a class A felony (565.021.2). For how life terms work, see how long a life sentence is in Missouri.

Offenses defined outside the criminal code

Many Missouri offenses sit outside the criminal code. Under 557.021 (version in force until January 1, 2028):

• An outside-code offense "declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor."
• An outside-code offense "declared to be a felony without specification of the penalty therefor is a class E felony."
• For the extended-term rules in 558.016, the minimum prison terms in 558.019 and attempts, an outside-code felony is classed by its maximum: class A if the penalty includes death, life or 20 years or more; class B if over 10 but less than 20 years; class C if 10 years; class D if over 4 but less than 10 years; class E if 4 years or less. An outside-code misdemeanor is class A if the authorized jail time exceeds six months, class B if it exceeds 30 days but not six months, class C if it is 30 days or less, class D if it has a mental-state element and no authorized imprisonment, and an infraction if there is no authorized imprisonment.

Can a felony be reduced to a misdemeanor in Missouri?

Missouri has no "wobbler" statute in its classification and disposition sections. Sections 557.011, 557.016, 557.021, 558.011 and 558.016 contain no provision that converts a felony conviction into a misdemeanor. Two features give a court flexibility within the felony framework instead:

• Suspended imposition of sentence. For a felony or misdemeanor, the court may "Suspend the imposition of sentence, with or without placing the person on probation" (557.011.2(3)).
• Special county-jail term. For class D and E felonies, "the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution" (558.011.2).

Neither changes the offense's class. For clearing a record, see Missouri expungement laws.

Infractions in Missouri

An infraction is the lowest tier and is not a criminal offense (556.021.1). Infractions are not divided into classes (557.016.3), the maximum fine is $400 (558.002.1(6)), and 558.011.1 authorizes no term of imprisonment for one. Probation for an infraction, where imposed, runs 6 months to 1 year (559.016.1(3)).

Probation in Missouri: length, extensions and eligibility

Length. Unless terminated early under 559.036 or modified under 217.703, probation terms under 559.016.1 are:

• "A term of years not less than one year and not to exceed five years for a felony";
• "A term not less than six months and not to exceed two years for a misdemeanor"; and
• "A term not less than six months and not to exceed one year for an infraction."

Extensions. Under 559.016.3, "no more than one extension of any probation may be ordered," except that the court may extend the total by one more year if the defendant admits or the court finds a violation. Total time "shall not exceed the maximum term as established in subsection 1 of this section plus one additional year if the defendant admits or the court finds that the defendant has violated the conditions." The court may also end probation early "if warranted by the conduct of the defendant and the ends of justice" (559.036.2).

Who is not eligible. Several statutes bar probation:

• Section 557.045 makes ineligible for probation, suspended imposition or execution of sentence, or conditional release a person found guilty of second-degree murder in its knowing or serious-injury form, any dangerous felony where the person was previously found guilty of a class A or B felony or a dangerous felony, any dangerous felony involving the use of a deadly weapon, and any dangerous felony against a law enforcement officer, firefighter or emergency service provider performing his or her duties.
• The circuit courts' power to grant probation in 559.100.1 excludes offenses under 559.115, 565.020 (first-degree murder), 566.030, 566.060, 566.067, 566.125, 566.151, 566.210, 571.015, 579.170 and 589.425.3.
• A person convicted of armed criminal action is not eligible for probation, parole, conditional release, or suspended imposition or execution of sentence for 3 calendar years on a first offense, 5 on a second and 10 on a third or subsequent offense (571.015).
• Section 559.115.8 bars probation under that section for second-degree murder, first-degree rape and sodomy (and their pre-2013 forcible forms), first-degree statutory rape and sodomy, class A child molestation in the first degree, class A child abuse, predatory sexual offenders, and other listed offenses.

What happens after a probation violation in Missouri

Section 559.036 sets the court's options:

• Continue or extend. The court "may continue him or her on the existing conditions, with or without modifying or enlarging the conditions or extending the term" (559.036.3).
• 120-day program first. Unless the defendant consents to revocation, when continuing or extending probation is not appropriate, the court "shall order placement of the offender in a department of corrections' one hundred twenty-day program" if the underlying offense is a class D or E felony or a chapter 579 drug offense, subject to listed exclusions, and the violation is not absconding or a new arrest or finding of guilt, the person has not violated a weapons or stay-away condition, and the person has not already been placed in one of the programs for the same offense or probation term (559.036.4).
• Revoke. If the defendant consents or is not eligible for the program, "the court may revoke probation and order that any sentence previously imposed be executed," and if imposition was suspended, "impose any sentence available under section 557.011" (559.036.5). Upon revocation, the court may also place the person on a second term of probation (559.036.5).
• Hearing. "Probation shall not be revoked without giving the probationer notice and an opportunity to be heard" on whether a condition was violated and whether revocation is warranted (559.036.6).

Short of revocation, a probation or parole officer may order a period of detention in the county jail for a violation. It "may not exceed forty-eight hours the first time it is imposed" during a term, and total detention under that section may not exceed 360 hours in any calendar year (217.718.1-2).

Recent and upcoming changes to Missouri sentencing law

• 2025 H.B. 495 (556.061 version effective August 28, 2025) amended the definition of "dangerous felony" in 556.061, adding bus hijacking when punished as a class A felony and planting a bomb or explosive in or near a bus or terminal.
• 2026 H.B. 2637 & 3155 (merged with S.B. 888). New versions of 558.016 and 556.061 took effect August 28, 2026. Section 558.016.1 now says the court "shall" sentence a person to an extended term in the cases it lists, where the prior version said "may"; the one-class-up rule for persistent and dangerous offenders in 558.016.7 was already mandatory. The 556.061 version in force since that date removes the under-12 victim requirement for first-degree statutory rape and statutory sodomy as dangerous felonies and adds abuse through forced labor, the listed trafficking offenses, first- and second-degree sexual trafficking of a child, a third failure to register as a sex offender, and first-degree endangering the welfare of a child under 568.045. Dangerous-felony status triggers the 85 percent minimum in 558.019.3 and is part of the probation bars in 557.045.
• Effective January 1, 2028. The same act rewrites 558.011, 558.019, 557.011, 557.021, 558.026, 559.115 and 566.125 with versions that take effect January 1, 2028. Under the new 558.011, a class A felony will keep its 10-to-30-year or life range, but an offender "shall serve seventy percent of the imposed sentence prior to parole eligibility"; a class B offender will serve fifty percent, and a class C offender 30 percent for a first conviction other than listed offenses, with other percentages for repeat convictions. The new 558.011.9 will provide that a person who commits a class A or B felony, or a chapter 566, 568 or 573 offense requiring sex-offender registration, on or after January 1, 2028, "shall not be eligible for conditional release for that offense." Until then, the versions described above remain in force.

Related legal issues

Individual offense statutes assign conduct to these classes. The Missouri theft laws page explains how stealing is graded into them, and the Missouri assault and battery laws page does the same for assault. Time limits for bringing felony and misdemeanor charges are on the Missouri statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal rules.

Related

• Felony and misdemeanor classes by state
• Missouri theft laws
• Missouri assault and battery laws
• Missouri expungement laws
• How long is a life sentence in Missouri
• Illinois felony and misdemeanor classes
• Iowa felony and misdemeanor classes

This article provides general legal information about Missouri law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Missouri.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Missouri?

Under RSMo 556.061(26) and (33), a felony is an offense so designated or one punishable by death or imprisonment for more than one year, and a misdemeanor is an offense so designated or one punishable by imprisonment of one year or less. An infraction is not a criminal offense at all (556.021.1).

What are the felony classes in Missouri?

Missouri has class A to E felonies (557.016). Under 558.011.1 the authorized terms are 10 to 30 years or life (A), 5 to 15 years (B), 3 to 10 years (C), up to 7 years (D) and up to 4 years (E). Persistent and dangerous offenders convicted of a class B to E felony are sentenced one class higher (558.016.7), and prior and persistent drug offenders are sentenced one or two classes higher for some chapter 579 drug felonies (579.170).

How much time is a class D felony in Missouri?

Up to 7 years under 558.011.1(4), or a special term of up to one year in the county jail at the court's discretion (558.011.2), and a fine of up to $10,000 (558.002.1). A persistent or dangerous offender convicted of a class D felony receives the class C range (558.016.7); for a chapter 579 drug felony, a prior drug offender receives the class C range and a persistent drug offender the class B range (579.170).

What is a class A misdemeanor in Missouri?

It is the most serious misdemeanor class, punishable by up to one year (558.011.1(6)) and a fine of up to $2,000 (558.002.1(2)). An offense outside the criminal code that is declared a misdemeanor with no penalty stated is a class A misdemeanor (557.021.1).

Is an infraction a crime in Missouri?

No. Section 556.021.1 says an infraction does not constitute a criminal offense and does not give rise to any disability based on a criminal conviction. The maximum fine is $400 (558.002.1(6)), and no imprisonment is authorized.

Does Missouri have parole?

Release before the full term is possible for many sentences. Except as otherwise provided, a felony sentence for a term of years, other than for a dangerous felony or a fourth or subsequent remand to the Department of Corrections, consists of a prison term and a conditional release term (558.011.4), and 558.019 sets the minimum share of the sentence some repeat offenders and dangerous felons must serve. Some sentences carry no parole eligibility: first-degree murder by an adult is punished by death or life without parole (565.020), and a persistent sexual offender receives life without parole (566.125).

Can a felony be reduced to a misdemeanor in Missouri?

The classification and disposition sections in chapters 557 and 558 contain no provision that turns a felony conviction into a misdemeanor. A court may instead suspend imposition of sentence (557.011.2(3)), and for class D and E felonies it may impose a special county-jail term of up to one year (558.011.2).

How long is probation in Missouri?

Under 559.016.1, felony probation is 1 to 5 years, misdemeanor probation 6 months to 2 years, and infraction probation 6 months to 1 year. One extension is allowed, plus one more year if the person admits or is found to have violated probation, and total time may not exceed the maximum plus one year (559.016.3).

What happens if you violate probation in Missouri?

Under 559.036, the court may continue probation, modify or enlarge the conditions, extend the term, or revoke probation and order the sentence executed (or, if imposition was suspended, impose any authorized sentence) and may then place the person on a second term of probation, but only after notice and an opportunity to be heard. For class D and E felonies and chapter 579 drug offenses, the court generally must order a 120-day Department of Corrections program before revoking, unless an exception applies.