In Missouri, your legal history isn’t just a background detail—it is a factor that can fundamentally impact new charges someone might face. Specifically, if a defendant has been “found guilty of an offense” before, there may be two consequences: (1) who decides the punishment and (2) how high that punishment can go.

1. Five “prior” and “persistent” categories.

• I -“Persistent misdemeanor offender” (RSMo 556.016.5)
• II-“Prior [felony] offender” (RSMo 556.016.2)
• III-“Persistent [felony] offender” (RSMo 556.016.3)
• IV-“Prior drug offender” (RSMo 579.170.1(2))
• V-“Persistent drug offender” (RSMo 579.170.1(1))

2. Three factors relevant to determine the category:

• the number of prior findings of guilt.
• the jurisdiction of the previous findings of guilt.
• whether the previous findings of guilt were misdemeanors or felonies.
• what were specific charges.

3. Specifics of five categories:

• I-“Persistent misdemeanor offender” is one who has been found guilty of two or more offenses, committed at different times that are classified as A or B misdemeanors under the laws of this state. (RSMo 556.016.5)
• II-“Prior [felony] offender” is one who has been found guilty of one felony. (RSMo 556.016.2)
• III-“Persistent [felony] offender” is one who has been found guilty of [either]:
  • two or more felonies committed at different times, or
  • one of 30 dangerous felonies as defined in subdivision (19) of section 556.061. (RSMo 556.016.3)
• IV-“Prior drug offender” [is] one who has been found guilty of any felony offense of the laws of this state, or of the [U.S.], or any other state, territory or district relating to controlled substances. (RSMo 579.170.1(2))
• V-“Persistent drug offender” [is] one who has been found guilty of two or more felony offenses of the laws of this state or of the [U.S.], or any other state, territory or district relating to controlled substances. (RSMo 579.170.1(1))

4. The Price of a Past: Two Major Consequences

Being in one of the five categories listed above may or will have two critical consequences:

• The (Potential) Loss of Jury Sentencing.
• An enhanced (greater) prison sentence

I will describe each of the five categories and the consequences of each in separate post as well as what counts as a “finding of guilt.”