What Are Prior and Persistent Offenders in Missouri? At Combs Waterkotte, we understand that facing charges as a prior or persistent offender can feel overwhelming. The terms “prior” and “persistent” refer to classifications that indicate a pattern of criminal behavior, often resulting in significantly harsher consequences. Whether you’ve been convicted of two or more felonies or have accumulated multiple misdemeanor charges, our goal is to protect your rights, reduce jail time, limit fines, or seek expungement. Contact our experienced defense team online or call (314) 900-HELP today for a free legal consultation.
What is a Prior Offender in Missouri?
A prior offender is defined by Missouri law as an individual who has a documented history of criminal activity, typically one or more felony convictions. For instance, if you were convicted of a DWI/DUI within the last five years or have been charged multiple times under Missouri’s drug laws, you could be classified as a prior offender. With each new conviction, the penalties become more severe—ranging from increased fines and longer license suspensions to mandatory participation in alcohol or drug treatment programs. Furthermore, a refusal to submit to a breath or blood test under Missouri’s implied consent laws can trigger additional administrative penalties.
According to Missouri law under RSMo Section 558.016, a prior offender is defined as someone who has been found guilty of a felony, and they are subject to enhanced charges for subsequent offenses. Its crucial to have experienced legal representation to navigate any complications.
What is a Persistent Offender in Missouri?
A persistent offender classification is reserved for individuals who have been convicted of multiple serious crimes, such as a DWI/DUI, a violent crime, or a combination of different charges over time. This designation is not just about the number of convictions; it reflects a repeated pattern of criminal conduct that poses a serious risk to public safety. As a result, the penalties for persistent offenders can include mandatory minimum prison sentences, permanent loss of driving privileges, and stricter probation conditions.
Persistent offenders may also face extended periods of license revocation and the risk of being charged with higher-level felonies, even for lesser crimes that may carry lighter sentences for first or second-time offenders. This reclassification is the state’s way of responding more harshly to those who habitually engage in illegal activity, such as drunk driving, felonies, or misdemeanors. If you are considered a persistent offender and want to retain your rights, it’s essential to speak with an experienced criminal defense attorney immediately to discuss your legal options and explore possible defenses to reduce the severity of your charges and penalties.
What is Habitual Behavior?
Missouri does not have a specific “three-strike law” like some other states, but a pattern of repeated offenses can still result in serious legal consequences. Habitual behavior refers to repeatedly committing crimes—whether minor or serious—over an extended period. Even offenses typically classified as misdemeanors, such as petty theft, domestic violence, or probation violations, can be escalated to felonies if the offender’s record shows a pattern of such conduct. For example, multiple DWI/DUIs can escalate to felony charges that may result in longer sentences and even permanent loss of driving privileges.
This sort of pattern of behavior is often viewed as a chronic issue that can lead to harsher penalties that could include longer prison sentences and potential mandatory rehabilitation. Those who engage in such actions may be labeled as dangerous offenders if they’ve exhibited conduct that endangers or threatens the life and safety of others. Courts impose harsher sentences on habitual offenders, viewing them as a significant risk to the community and taking legal measures to prevent further offenses.
What Do I Do If I’m Charged With a Felony?
Facing charges as a prior or persistent offender can have devastating impacts on your future. Whether it’s your first offense or you’re classified as a habitual or persistent offender, having an experienced legal advocate by your side is critical. Our expert criminal defense attorneys at Combs Waterkotte are ready to guide you through the legal process and fight for your rights. If you’ve been charged with a misdemeanor or a felony, contact us now online or call (314) 900-HELP to schedule a consultation. Time is of the essence when it comes to protecting your freedom and future.
