Editor’s note: This column is a non-partisan article submitted by the joint effort of 43rd Circuit Judge Tom Chapman and Judge Brent Elliott. The intent is to give residents a better understanding of the judicial system as well as specific operations within the Circuit. No explanation or example utilized herein should in any way be interpreted as reflecting the judge’s approval or disapproval of any law or rule. A circuit judge’s job is to fairly and impartially apply the law, not change it.
by Judge Brent Elliott and Judge Thomas Chapman
In the Circuit Court we hear the felony trials, guilty pleas, and sentencing. Felonies are crimes which can result in incarceration in the Missouri Department of Corrections (prison). However, some felonies also allow incarceration in the county jail as an alternative. There are also fines which can be assessed on some felonies.
In some first time felony trials, the defendants are entitled to jury sentencing. However, where there has been a guilty plea, the judge does the sentencing. The range of sentences and fines are as follows:
For a Class D Felony, the defendant can be sentenced up to a year in jail, or one to four years in prison. A fine up to $5,000 can also be imposed.
For a Class C Felony, the defendant can be sentenced up to a year in jail, or one to seven years in prison. A fine up to $5,000 can also be imposed.
For a Class B Felony, the defendant can be sentenced to a minimum of five years in prison, up to a maximum of fifteen years in prison.
For a Class A Felony, the defendant can be sentenced to a minimum of ten years in prison, up to 30 years; or life in prison.
There are many special sentencing provisions, on particular types of crimes. For example, capital murder can involve imposition of a death sentence. There are a whole host of special provisions and procedures when the death penalty is in consideration.
