Tag Archives: Criminal Law

First Degree Burglary

In order to be convicted of first degree burglary in Missouri, a person must break into a building where a person is present.  If no one is in the building at the time of the burglary, then the person cannot … Continue reading

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Resisting Arrest – A Felony or a Misdemeanor?

A recent Missouri court determined that there are varying degrees of a resisting arrest charge. In order for a resisting arrest charge to be considered a felony, Missouri must provide evidence that the arrest was for a felony charge. Without … Continue reading

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Possession Needed for Arrest

Under accomplice liability in Missouri, the law does not allow possession of pseudoephedrine with the intent to use it in making methamphetamine. It was recently found, however, that a person must be in possession of the pseudoephedrine at the time … Continue reading

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Excuse me, have you been drinking this evening?

Regardless of whether or not a glass of your adult beverage of choice was had at dinner, pulling up to a DUI checkpoint can be stressful. There are several things to know before driving through in order to make sure … Continue reading

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Machete + Police Officer = Assault

A Missouri court convicted a man of class A felony assault of a law enforcement officer for swinging a machete in the direction of a police officer.  Even though the machete never hit the officer, the man was convicted of … Continue reading

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Taking Self-Defense Too Far

A person in Missouri was recently found guilty of manslaughter for continuously shooting at his attacker after his attacker was shot once and fell to the ground.  The Missouri court stated that once the attacker fell to the ground and … Continue reading

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Being Charged with Possession

In Missouri, a person can be charged with possession of a controlled substance with intent to distribute if the person had control of the illegal drug and had knowledge of its existence and nature. If you have been charged with … Continue reading

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City Cops Outside their City

Missouri law states that a city police officer can arrest someone outside of their city as long as the person has violated a state law.   If the person has violated a city law, the city police officer cannot arrest that … Continue reading

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Sex with an HIV-Positive Person can be a Crime

Missouri law states that an HIV-positive person cannot have sexual contact with any person who does not know that they are an HIV-positive person.  The only exception to this rule is if the HIV-positive person communicates that they are HIV-positive, … Continue reading

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Pleading Insanity

In Missouri, only the defendant in a case can plead the defense of insanity when charged with a crime.  In order to plead insanity, the defendant must be evaluated by a licensed physician.  If the defendant is found insane, the … Continue reading

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