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
a dangerous felony 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
Regardless of the charge, being found to be a offender carries two critical consequences:
The (Potential) Loss of Jury Sentencing: Missouri normally allows a jury to recommend a sentence, but
if the person is a “persistent misdemeanor offender” (Category I above) or a “prior [felony] offender” (Category II above), the judge “may sentence” that person. (RSMo 556.016.1)
if the person is a “persistent [felony] offender” (Category III above), a “prior drug offender” (Category IV above), or a “persistent drug offender (Category V above) the judge “shall sentence” that person – not the jury. (RSMo 556.016.7)
The “Step(s) Up” (Sentence Enhancement):
One step up – For “persistent [felony] offenders” (Category III above) law requires the court to sentence the defendant to a term of imprisonment ONE felony class higher* than what they were actually charged (for class B, C, D, or E felonies). (RSMo 556.016.7)
One step up – For “prior drug offenders” (Category IV above), the law requires the court to sentence the defendant to a term of imprisonment ONE felony class higher* than what they were actually charged (for class C, D, or E felonies). (RSMo 579.170.4)
Two steps up – For “persistent drug offenders” (Category V above) the law requires the court to sentence the defendant to a term of imprisonment TWO felony classes higher* than what they were actually charged (for class B, C, D, or E felonies). (RSMo 579.170.5)
*Chart showing consequences of Enhancements
Felony Class
Normal Range of Imprisonment
+1 Enhancement (Persistent Felony Offender & Prior Drug Offender)
+2 Enhancement (Persistent Drug Offender)
Felony E
1 to 4 years in DOC; a fine not to exceed $10,000; or special term of 1 year in the county jail.
Sentenced as Class D: 1 to 7 years in DOC
Sentenced as Class C: 3 to 10 years in DOC
Felony D
1 to 7 years in DOC; a fine not to exceed $10,000; or special term of 1 year in the county jail.
Sentenced as Class C: 3 to 10 years in DOC
Sentenced as Class B: 5 to 15 years in DOC
Felony C
3 to 10 years in DOC; a fine not to exceed $10,000; or special term of 1 year in the county jail.
Sentenced as Class B: 5 to 15 years in DOC
Sentenced as Class A: 10 to 30 years or Life
Felony B
5 to 15 years in DOC.
Sentenced as Class A: 10 to 30 years or Life
Sentenced as Class A: 10 to 30 years or Life
Felony A
10 to 30 years in DOC; or Life.
N/A (Highest Class)
N/A (Highest Class)
*Note: +1 Enhancement applies to Persistent Felony Offenders (RSMo 556.016) and Prior Drug Offenders (RSMo 579.170). +2 Enhancement applies to Persistent Drug Offenders (RSMo 579.170).
4. What Counts and Does Not Count as a “Prior”?
> The law speaks of “findings of guilt,” which include
Past jury convictions
Past convictions after a bench trial (trial by judge).
Guilty pleas.
Even if the plea resulted in probation (including a Suspended Imposition of a Sentence (SIS).
Convictions from other states or the federal government.
> The law excludes cases which the “finding of guilt” occurred after the “commission of the present offense.” (RSMo 556.016.6)
So, for example, if someone who was facing changes for possessing drugs on Jan 1, 2026, and while that case is pending gets arrested and changed again for possessing drugs on March 1, 2026, that first case can’t be counted as a “prior offense”
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