Criminal Defense

Minor in Possession of Alcohol (MIP)

  • A minor in possession of alcohol is a person under the age of 21 who
    - purchases or attempts to purchase, or has in their possession, any intoxicating liquor;
    - is visibly in an intoxicated condition; or
    - has a detectable blood alcohol content of more than .02.
  • Entering a plea of guilty to MIP can negatively impact education, job prospects, and trigger the loss of your driver’s license, even if you are not driving a vehicle at the time. Let us help you prevent all of this.

Driving While Suspended or Revoked (felony and misdemeanor)

  • Whether your license is suspended or revoked, we work diligently to buy you the time needed in order to reinstate your license or obtain a hardship. If you are not eligible to reinstate or get a hardship we will work to minimize the negative impact of any possible plea.

Leaving the Scene of an Accident

  • A person commits the crime of leaving the scene of a motor vehicle accident when as the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and driver's license number, if any, to the injured party or to a police officer or the nearest police station or judicial officer.
  • Entering a plea of guilty to this charge will result in a one year license revocation with no hardship whatsoever. Do not let this happen to you. Many times there are legal defenses to this charge which will prevent the loss of your license.
  • This crime can be a class A misdemeanor or class E or D felony.

Possession of a Controlled Substance (felony and misdemeanor)

  • It is unlawful for any person to possess or have under their control a controlled substance, which is defined as a drug, substance, or immediate precursor in Schedules I through V.
  • Possession of any controlled substance except 35 grams or less of marijuana or any synthetic cannabinoid is a class D felony.
  • Possession of more than 10 grams but less than 35 grams of marijuana or any synthetic cannabinoid, including an imitation controlled substance, is a class A misdemeanor.
  • Possession of less than 10 grams of marijuana or any synthetic cannabinoid is a class D misdemeanor.
  • We have the experience and expertise to explore every issue related to a drug case, including search issues, knowledge issues and testing issues.

Possession of Drug Paraphernalia (felony and misdemeanor)

  • It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or an imitation controlled substance.
  • Possession of drug paraphernalia is a class D misdemeanor, unless the person has been previously been found guilty of a drug related offense, in which case the violation of this section is a class A misdemeanor.
  • Possession of drug paraphernalia is a class E  felony if the person uses, or possesses with intent to use, the paraphernalia in combination with each other to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues.

Possession of a Controlled Substance with Intent to Manufacture or Distribute

  • It is unlawful for any person to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.
  • This offense can be a class E, C or A felony, depending on the amount, the type of drug involved and the location where the drug is found.

Trafficking Drugs First Degree

  • It is unlawful to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce
    - more than 30 grams of heroin;
    - more than 150 grams of cocaine;
    - more than 8 grams of cocaine base;
    - more than 500 milligrams of LSD;
    - more than 30 grams of PCP;
    - more than 4 grams of phencyclidine;
    - more than 30 kilograms of marijuana;
    - more than 30 grams of amphetamine, methamphetamine, phenmetrazine or methylphenidate; and
    - more than 30 grams of 3,4-methylenedioxymethamphetamine (date rape drug).
  • These offenses are either a class B or A felony, depending on the quantity involved. There are certain amounts of each drug above which the person sentenced shall not be eligible for probation or parole.

Trafficking Drugs Second Degree

  • Trafficking Second involves the same amounts of drugs listed under Trafficking First.
  • The difference is whether one is distributing the drugs or merely possessing them.
  • It is unlawful to possess or has under your control, purchase or attempt to purchase, or bring into this state the drugs and quantities listed above in Trafficking First.
  • These offenses are either a class C or B felony, depending on the quantity involved.

Possession of Precursors (Ephedrine)

  • It is unlawful for any person to possess any methamphetamine precursor drug (ephedrine) with the intent to manufacture amphetamine or methamphetamine.
  • Possession of more than 24 grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs shall be prima facie evidence of intent.
  • This crime is a class E felony.

Unlawful Use of a Weapon (UUW) (felony or misdemeanor)

  • A person can be charged with UUW if they
    - carry a concealed weapon about their person;
    - shoot into a vehicle.
    - possess a weapon while intoxicated; or
    - exhibit a weapon in an angry or threatening manner;
    - discharge a firearm into a dwelling;
  • Depending on the circumstances involved UUW can range from a class A misdemeanor to a class E or B felony. Do not face this type of charge alone.

First Degree Assault (felony)

  • A person commits the crime of assault in the first degree if they attempt to kill or knowingly cause or attempt to cause serious physical injury to another person.
  • Assault in the first degree is a Class B felony unless, during the commission of the assault, the actor inflicts serious physical injury on the victim, in which case it is a Class A felony.

Second Degree Assault (felony)

  • A person commits the crime of assault in the second degree if they
    - attempt to kill or knowingly cause or attempt to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause;
    - attempt to cause or knowingly cause physical injury to another person by means of a deadly weapon or dangerous instrument;
    - recklessly cause serious physical injury to another person;
    - while in an intoxicated condition or under the influence of controlled substances or drugs, operate a motor vehicle and when so operating act with criminal negligence to cause physical injury to any other person; or
    - recklessly cause physical injury to another person by means of discharge of a firearm.
  • This crime is a class D or B felony.

Third Degree Assault (felony)

  • A person commits the crime of assault in the third degree if they knowingly cause physical injury to another person
  • This crime is a class E or D felony.

Fourth Degree Assault (misdemeanor)

  • A person can be charged with this crime if they
    - attempt to cause or recklessly cause physical injury to another person;
    - with criminal negligence cause physical injury to another person by means of a deadly weapon;
    - purposely place another person in apprehension of immediate physical injury;
    - recklessly engage in conduct which creates a grave risk of death or serious physical injury to another person; or
    - knowingly cause physical contact with another person knowing the other person will regard the contact as offensive or provocative.
  • This crime can be a class C or class A misdemeanor.
  • There are many potential defenses to this crime, including self-defense, and we have the knowledge and experience to defend this type of charge.

Domestic Assault (felony and misdemeanor)

  • In order to be charged with a domestic assault crime the alleged victim has to be a family or household member.
  • The same elements listed above for the assault crimes apply the corresponding domestic assault crimes.
  • The same potential defenses exist for this category of crimes as well.

Assault on a Law Enforcement Officer (felony and misdemeanor)

  • The same elements listed above for first, second and third degree assault apply if the alleged victim is a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, utility worker, cable worker, or probation and parole officer.
  • Likewise, first degree assault is a class A felony, second degree assault is a class C felony and third degree assault is a class A misdemeanor.

Resisting Arrest

  • A person commits the crime of resisting or interfering with arrest, detention, or stop if, knowing that a law enforcement officer is making an arrest, or attempting to lawfully detain or stop an individual or vehicle, or the person reasonably should know that a law enforcement officer is making an arrest or attempting to lawfully detain or lawfully stop an individual or vehicle, for the purpose of preventing the officer from effecting the arrest, stop or detention, the person
    - causes or threatens the use of violence or physical force or by fleeing from such officer; or
    - interferes with the arrest, stop or detention of another person by using or threatening the use of violence, physical force or physical interference.
  • This crime is normally a class A misdemeanor, unless the arrest was for a felony or for a warrant for failure to appear on a felony charge or for a warrant on a felony probation violation, in which case it becomes a class E felony.

Harassment

  • This crime can occur when a person
    - knowingly communicates a threat to commit any felony to another person and in so doing frightens, intimidates, or causes emotional distress to such other person;
    - knowingly uses coarse language offensive to one of average sensibility and thereby puts such person in reasonable apprehension of offensive physical contact or harm;
    - knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication;
    - knowingly communicates with another person who is, or who purports to be, 17 years of age or younger and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to such other person;
    - knowingly makes repeated unwanted communication to another person; or
    - without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person's response to the act is one of a person of average sensibilities considering the age of such person.
  • This crime is usually a class A misdemeanor.

Stalking

  • A person commits the crime of stalking if they purposely, through their course of conduct, harass or follow with the intent of harassing another person.
  • There are specific legal definitions to the elements of this crime which often provide a defense to the charge. Let us help defend you if you are charged with this crime.

Trespassing First Degree

  • A person commits the crime of trespass in the first degree if they knowingly enter unlawfully or knowingly remain unlawfully in a building or inhabitable structure or upon real property.
  • Real property must be fenced or otherwise enclosed designed to exclude intruders.
  • If not enclosed, there must be actual notice or posted notice against trespass.
  • This crime is a class B misdemeanor.

Trespassing Second Degree

  • A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another.
  • This offense is only an infraction.

Burglary First Degree

  • A person commits the crime of burglary in the first degree if they knowingly enter unlawfully or knowingly remain unlawfully in a building or inhabitable structure for the purpose of committing a crime and while entering or in the building or inhabitable structure he or another participant in the crime
    - is armed with explosives or a deadly weapon;
    - causes or threatens immediate physical injury to any person who is not a participant in the crime; or
    - is present in the structure another person who is not a participant in the crime.
  • This crime is a class B felony.

Burglary Second Degree

  • A person commits the crime of burglary in the second degree when they knowingly enter unlawfully or knowingly remain unlawfully in a building or inhabitable structure for the purpose of committing a crime.
  • This crime is a class C felony.

Robbery First Degree

  • A person commits the crime of robbery in the first degree when they forcibly steals property and in the course thereof he or another participant in the crime
    - causes serious physical injury to any person;
    - is armed with a deadly weapon;
    - uses or threatens the immediate use of a dangerous instrument against any person; or
    - displays or threatens the use of what appears to be a deadly weapon or dangerous instrument.
  • This crime is a class A felony.

Robbery Second Degree

  • A person commits the crime of robbery in the second degree when they forcibly steal property.
  • This crime is a class B felony.

Stealing/Theft

  • A person commits the crime of stealing if they appropriate property or services of another with the purpose to deprive them thereof, either without their consent or by means of deceit or coercion.
  • Depending on the value of the property that is taken this crime can be a class A misdemeanor or class A, B or C felony.

Tampering First Degree

  • A person commits the crime of tampering in the first degree if they
    - damage or tamper with property or facilities of a utility or institution and thereby causes substantial interruption or impairment of service; or
    - knowingly receive, possess, sell, alter, deface, destroy or unlawfully operate an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle without the consent of the owner.
  • This crime is a class C felony.

Tampering Second Degree

  • A person commits the crime of tampering in the second degree if they
    - tamper with property of another for the purpose of causing substantial inconvenience to that person or to another;
    - unlawfully rides in or upon another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle;
    - tampers or makes connection with property of a utility.
  • This crime is a class A misdemeanor.

Property Damage First Degree

  • A person commits the crime of property damage in the first degree if the person
    - knowingly damages property of another causing damage in excess of $750.00;
    - damages property in excess of $1,000.00 with the purpose to defraud an insurer; or
    - knowingly damages a motor vehicle and the damage occurs while making entry into the motor vehicle for the purpose of committing the crime of stealing or the damage occurs while the person is committing the crime of stealing within the motor vehicle.
  • This crime can be a class A, B or C felony.

Property Damage Second Degree

  • A person commits the crime of property damage in the second degree if they
    - knowingly damage property of another; or
    - damage property for the purpose of defrauding an insurer.
  • This crime is a class B misdemeanor.

Receiving Stolen Property

  • A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein they receive, retain or dispose of property of another knowing that it has been stolen, or believing that it has been stolen.
  • Depending on the value of the property this crime can be a class B or C felony.

Forgery

  • A person commits the crime of forgery if, with the purpose to defraud, the person
    - makes, completes, alters or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority;
    -erases, obliterates or destroys any writing;
    - makes or alters anything other than a writing so that it purports to have a genuineness, antiquity, rarity, ownership or authorship which it does not possess; or
    - uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing including receipts and universal product codes, which the actor knows has been made or altered in the manner described.
  • This crime is a class C felony.

Endangering the Welfare of a Child

  • A person commits the crime of endangering the welfare of a child in the second degree if
    - with criminal negligence someone acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years old;
    - someone knowingly encourages, aids or causes a child less than seventeen years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031;
    - being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years old, recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031;
    - someone knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 195.130; or
    - someone operates a vehicle in violation of subdivision (2) or (3) of subsection 1 of section 565.024, subdivision (4) of subsection 1 of section 565.060, section 577.010 (driving while intoxicated), or section 577.012 while a child less than seventeen years old is present in the vehicle.
  • This crime is almost always a class A misdemeanor.

Rape First Degree

  • A person commits the offense of rape in the first degree if they have sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.
  • This is an unclassified felony with a minimum term of imprisonment of five years and a maximum term of imprisonment of life in prison.

Rape Second Degree

  • This crime is committed if someone has sexual intercourse with another person knowing that they do not have that person's consent.
  • This crime is a class C felony.

Statutory Rape First Degree

  • A person commits the crime of statutory rape in the first degree if they have sexual intercourse with another person who is less than fourteen years old.
  • This is an unclassified felony with a minimum term of imprisonment of five years and a maximum term of imprisonment of life in prison.

Statutory Rape Second Degree

  • A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, they have sexual intercourse with another person who is less than seventeen years of age.
  • This crime is a class C felony.

Sodomy First Degree

  • A person commits the offense of sodomy in the first degree if they have deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion.
  • This is an unclassified felony with a minimum term of imprisonment of five years and a maximum term of imprisonment of life in prison.

Sodomy Second Degree

  • This crime is committed if someone has deviate sexual intercourse with another person knowing that they do not have that person's consent.
  • This crime is a class C felony.

Statutory Sodomy First Degree

  • This crime is the same as Statutory Rape in the First Degree, only it involves deviate sexual intercourse.

Statutory Sodomy Second Degree

  • This crime is the same as Statutory Rape in the Second Degree, only it involves deviate sexual intercourse.

Sexual Misconduct First Degree

  • A person commits the offense of sexual misconduct in the first degree if they
    - expose their genitals under circumstances in which they know that their conduct is likely to cause affront or alarm;
    - have sexual contact in the presence of a third person or persons under circumstances in which they know that such conduct is likely to cause affront or alarm; or
    - have sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person.
  • This crime is a class B misdemeanor, unless the person has a prior plea of guilty to the same charge, in which case it becomes a class A misdemeanor.

Sexual Misconduct Second Degree

  • A person commits the offense of sexual misconduct in the second degree if they solicit or request another person to engage in sexual conduct under circumstances in which they know that such request or solicitation is likely to cause affront or alarm.
  • This crime is a class C misdemeanor.

Child Molestation First Degree

  • A person commits the crime of child molestation in the first degree if they subject another person who is less than fourteen years of age to sexual contact.
  • This crime is usually a class B felony but can be enhanced to a class A felony.

Child Molestation Second Degree

  • A person commits the crime of child molestation in the second degree if they subject another person who is less than seventeen years of age to sexual contact.
  • This crime is usually a class A misdemeanor but can be enhanced to a class D felony.

Involuntary Manslaughter First Degree

  • A person commits the crime of involuntary manslaughter in the first degree if they
    - recklessly cause the death of another person;
    - drive while intoxicated and when so operating acts with criminal negligence to cause the death of any person.
  • This crime is a class C felony, unless the person has prior offenses of this nature, in which case the charge will be enhanced to a class A or B felony.

Involuntary Manslaughter Second Degree

  • A person commits the crime of involuntary manslaughter in the second degree if they act with criminal negligence to cause the death of any person.
  • One is criminally negligent when they fail to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
  • This crime is a class D felony.

Voluntary Manslaughter

  • A person commits the crime of voluntary manslaughter if they
    - cause the death of another person under circumstances that would constitute murder in the second degree, except that they cause the death under the influence of sudden passion arising from adequate cause, or
    - participate in assisted suicide.
  • This crime is a class B felony.

First Degree Murder

  • A person commits the crime of murder in the first degree if they knowingly cause the death of another person after deliberation upon the matter.
  • Murder in the first degree is a class A felony and the punishment shall be either death or imprisonment for life without eligibility for probation or parole.

Second Degree Murder

  • A person commits the crime of murder in the second degree if they
    - knowingly cause the death of another person or, with the purpose of causing serious physical injury to another person, cause the death of another person, or
    - commit or attempt to commit any felony, and in the course of committing such felony or in the flight from committing such felony kills another person.
  • This crime is a class A felony.

Bad Check

  • If you have been charged with the crime of passing a bad check, we can usually buy enough time to pay off the bad check and any fees so that the case against you will be dismissed. Contact Grafe & Batchelor, P.C. at once to explore your options when facing this charge.

Criminal Non-support

  • The charge of criminal non-support always involves a court order to pay child support. The laws have changed recently regarding the burden the state must prove and the burden is much lower than it was in years past.
  • In some cases that is a legitimate legal defense to this charge which will prevent you from being prosecuted. Contact Grafe & Batchelor, P.C. if you have been charged with this crime.

Probation Violations

  • If you are on felony or misdemeanor probation and have violated that probation, do not face this alone. The State, through the prosecuting attorney and the probation officer, can seek to revoke your probation and send you to jail or prison. We can help you through this very difficult process.

Don’t delay. Contact us today.

If you have been charged with a crime, choose an attorney with the experience and dedication to make a difference. Call 636.933.9151 or contact us online to schedule a free consultation. With an office conveniently located in Festus, Missouri, Grafe & Batchelor, P.C. stands ready to represent you in your criminal matter.