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Likely punishment for a Class C felony conviction, in Missouri?

Springfield, MO |

1st time offender charged with Accessory Tampering with a motor vehicle - 1st degree
3 counts total - all the same charge.

Attorney Answers 3

Posted

max: up to 7 years and/or $5,000 fine

You need an attorney.

NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com

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Posted

The above attorney is absolutely correct. You need an attorney. What the "likely" punishment is depends on the specific facts and charges, what judge you are in front of, what county you are in, what prosecutor is prosecuting the case and countless other factors. As the previous attorney mentioned, the max penalty for a class C felony is 7 years in prison and a $5,000 fine. I noticed that you have three counts. Each count would carry that penalty, making your maximum sentence 21 years in prison and a $15,000 fine. Most importantly, you need an experienced attorney to protect your rights and evaluate the evidence against you.

This answer represents this attorney's opinion regarding a general question. All cases and situations are very fact specific and require a thorough knowledge of all facts, circumstances, and evidence to give proper advice. The opinion expressed here is for general information purposes and is not meant to be taken as specific advice or as forming any attorney-client relationship. I highly recommend that you discuss your situation with an experienced attorney in this area to obtain specific advice on your situation.

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2 comments

Asker

Posted

Thank you for your answer. I should of clarified this when I asked my question, but, I am not the defendant in this case. I am one of the victims. I received my paperwork from the prosecutor's office, and was curious what the likely punishment would be for the defendants - if found or plead guilty. I know what the max penalty is and I don't think that will be anywhere remotely where this ends up. I'm sure they have attorneys. My guess is plead down to lesser charge or something like that. Just wanted to get a qualified opinion on the matter. Thanks again.

John Derek James

John Derek James

Posted

Asker, I'm sorry for the misunderstanding and sorry you are having to deal with these issues. Basically, there is no way to tell what will happen to him. It depends greatly on the quality of the evidence against the particular defendant, what county you are in, who the judge is, who is prosecuting the case, and many other factors. I would agree that the maximum penalty is an unlikely outcome for a first time offender. In most places there would be a good chance a first time offender would receive probation as a plea offer. In some cases, depending on the prosecutor and the specific facts, a plea deal to a lesser offense would certainly be possible. That said, I have seen plenty of people get sent to prison for a first time class C felony. There could be a plea deal or the court could sentence him to a term of years with a "120 day call back" - which basically means the person would serve four months and then be placed on probation. Or he could serve a term of years until he is paroled (which would probably be sometime after 40% of his sentence). As I said, I have seen a wide range of plea offers and plea deals on charges such as these, including results where the defendant served significant prison time. That said, in my experience, the most likely plea offer would be for some kind of probation - although that can vary greatly depending on the location and the prosecutor. If he rejects a plea deal and goes to trial, most judges will not grant him probation if convicted (certainly some still will, but it its far less common that getting a plea offer for it). He would be entitled to have the jury determine his maximum sentence (the judge could reduce it but not enhance it - it is uncommon for a judge to reduce a jury sentence). The jury could recommend a sentence anywhere in the range allowed by law, but cannot grant probation, however. You should call the prosecutor's office handling the case and speak to the victim's advocate assigned to your case. Ask what kind of result they are expecting and what kind of plea offer they will be making. Generally, victims have a right to be informed and to express their opinion and desire to the court, but neither the prosecutor nor the judge is bound by what you want to see happen.

Posted

I agree with the other attorneys. There are many factors that play in to what the likely punishment is. However, in Greene County on a first offense of this type, you are likely not looking at prison time. However, you need to hire a good lawyer in order to avoid that possible consequence. The judges and prosecutors are typically fair but there is a lot that goes into it. Best of luck!

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