A Missouri Class B felony sentence is five to fifteen years in prison,1Missouri Revisor of Statutes. Missouri Code 558.011 – Sentence of Imprisonment, Terms – Conditional Release but the number the judge announces at sentencing is rarely the number of years actually spent behind bars. How the sentence breaks down depends on three things: whether the offense is on Missouri’s “dangerous felony” list, how many prior felonies the defendant has, and whether any additional charges (such as armed criminal action) attach to the case.
Which Offenses Fall Into Class B
Class B is Missouri’s second most serious felony class. Common Class B charges include voluntary manslaughter, first-degree assault, first-degree domestic assault, first-degree kidnapping, second-degree child molestation, first-degree burglary, first-degree robbery, and distributing controlled substances to a minor. Certain drug, fraud, and weapons offenses land here depending on the facts and the defendant’s history.
The specific statute matters more than the Class B label. Some Class B offenses also appear on the state’s dangerous felony list, and that second designation changes how much of the sentence must be served before release becomes possible. First-degree assault, first-degree domestic assault, and first-degree kidnapping are both Class B and dangerous felonies. Voluntary manslaughter is Class B but not a dangerous felony. That distinction can be the difference between serving a few years and serving almost the full sentence.
How the Five-to-Fifteen-Year Range Actually Works
The judge picks a number inside the five-to-fifteen-year window. A first-time defendant on a less serious Class B may draw something near the floor. A violent offense with aggravating facts pushes toward the ceiling. Both sides get to argue at the sentencing hearing, and the court can consider victim impact statements and a pre-sentence investigation report.
For a non-dangerous Class B felony, that total number is not all prison time. Missouri sentences carry a built-in conditional release portion at the end. For sentences of nine years or less, conditional release is one-third of the total. For sentences longer than nine years and up to fifteen, the conditional release portion is three years.1Missouri Revisor of Statutes. Missouri Code 558.011 – Sentence of Imprisonment, Terms – Conditional Release So a nine-year sentence works out to six years in prison and three years of conditional release. A twelve-year sentence is nine years in prison and three years of conditional release.
Conditional release is supervised time in the community. The parole board sets conditions — regular reporting, drug testing, employment requirements — and violating them can send a person back to finish the conditional release term inside.
The Dangerous Felony Rule: 85 Percent
The conditional release breakdown above does not apply if the Class B offense is on the dangerous felony list. That list includes first-degree assault, second-degree assault of a special victim, first-degree domestic assault, first-degree kidnapping, second-degree murder, armed criminal action, and certain sex offenses.2Missouri Revisor of Statutes. Missouri Code 556.061 – Code Definitions For a dangerous felony conviction, the defendant must serve at least 85 percent of the sentence imposed before becoming eligible for parole or any other form of early release.3Missouri Revisor of Statutes. Missouri Code 558.019 – Minimum Prison Terms
The arithmetic changes everything. A ten-year sentence for first-degree assault means at least eight and a half years in prison before the parole board can even consider release. A fifteen-year sentence means twelve years and nine months minimum. The only escape from the 85 percent floor is reaching age 70 after serving at least 40 percent of the sentence.
Parole Eligibility When There Are Prior Convictions
For non-dangerous Class B felonies, the prison portion of the sentence generally governs when a first-time offender becomes eligible for release. Prior prison commitments raise that floor:3Missouri Revisor of Statutes. Missouri Code 558.019 – Minimum Prison Terms
- One prior prison commitment: at least 40 percent of the sentence.
- Two prior prison commitments: at least 50 percent.
- Three or more prior prison commitments: at least 80 percent.
Each threshold has an age-based exception at 70 with 30 percent served (one prior) or 40 percent served (two or more priors). Eligibility is not release. The Missouri Board of Probation and Parole weighs institutional behavior, program participation, and reoffending risk case by case, and eligible people are regularly denied.
Can a Class B Felony Get Probation
Probation is possible for some Class B felonies but not all. Missouri law bars probation entirely for second-degree murder, first-degree rape, first-degree sodomy, first-degree statutory rape, first-degree statutory sodomy, first-degree child molestation charged as a Class A felony, any offense with a statutory bar on probation or parole, and anyone found to be a predatory sexual offender.4Missouri Revisor of Statutes. Missouri Code 559.115 – Appeals, Probation Not to Be Granted, When
For eligible Class B offenses, Missouri has a mechanism most defendants don’t know about. Within 120 days after the defendant is delivered to the Department of Corrections, the judge can grant probation on their own motion, without a request from either side.4Missouri Revisor of Statutes. Missouri Code 559.115 – Appeals, Probation Not to Be Granted, When The court may also recommend a 120-day institutional program, which can include cognitive behavioral intervention or treatment, and then place the offender on probation after completion. Standard probation conditions apply: reporting, employment, travel limits, supervision fees. A violation can revoke probation and send the person back to serve the balance of the original sentence.
When Prior Felonies Push the Range to Class A
A prior offender (one previous felony) still faces the standard five-to-fifteen-year range, though the court has the same discretion as always inside it. A persistent offender — two or more felonies committed at different times — is a different situation. On a Class B conviction, the court is required to sentence a persistent offender as though the conviction were a Class A felony.5Missouri Revisor of Statutes. Missouri Code 558.016 – Extended Terms for Prior Criminal Conduct The range shifts from five-to-fifteen years to ten years to life. The same enhancement applies to a defendant classified as a dangerous offender. Two prior felonies do not merely nudge the sentence upward. They redraw the ceiling.
Armed Criminal Action on Top
Using a dangerous instrument or deadly weapon during any felony triggers a separate armed criminal action charge. It is an unclassified felony carrying three to fifteen years, and that sentence must run consecutively to the sentence for the underlying offense. If the person was unlawfully possessing the firearm, the minimum climbs to five years. A Class B conviction with a ten-year sentence plus a five-year armed criminal action sentence is fifteen years total, served back to back. And for at least the first three calendar years of the armed criminal action sentence, the defendant is ineligible for parole, probation, conditional release, or a suspended sentence.6Missouri Revisor of Statutes. Missouri Code 571.015 – Armed Criminal Action, Offense of – Penalty
Multiple Counts: Concurrent or Consecutive
When a defendant is convicted of more than one offense, Missouri’s default is concurrent sentences — served at the same time. Consecutive sentences require a specific order from the judge. The one statutory exception: sentences for first-degree rape, first-degree statutory rape, first-degree sodomy, first-degree statutory sodomy, or attempts to commit any of those must run consecutively to other sentences.7Missouri Revisor of Statutes. Missouri Code 558.026 – Concurrent and Consecutive Terms of Imprisonment Everywhere else, the judge decides, and that decision can turn a ten-year exposure into a thirty-year one.
Fines, Restitution, and Court Costs
Missouri’s general fine statute authorizes fines for Class C, D, and E felonies but not for Class A or B.8Missouri Revisor of Statutes. Missouri Code 558.002 – Fines Authorized That does not mean the case comes without money attached. Individual offense statutes can carry their own fines, and courts routinely impose other financial obligations.
Restitution is the common one. Missouri courts may order restitution to compensate victims for losses caused by the offense, including expenses tied to participating in the prosecution.9Missouri Revisor of Statutes. Missouri Code 559.105 – Restitution May Be Ordered, When Restitution goes to the victim rather than the state and can cover medical bills, property damage, and lost wages. The Missouri Supreme Court has held that a probationer cannot be discharged through earned compliance credits until restitution is paid in full.10Justia. State ex rel. Hillman v. Honorable John D. Beger
Beyond restitution, expect court costs, administrative fees, public defender reimbursement charges if court-appointed counsel was used, and monthly supervision fees if placed on probation. Amounts vary by county and circuit. Payment plans are common, but missed payments can trigger collections or a return to court.
What a Class B Conviction Costs Beyond the Sentence
A Class B felony carries consequences that last well past release. Missouri strips voting rights while a person is confined and while they are on probation or parole, restoring them only at final discharge, and re-registration is required.11Missouri Revisor of Statutes. Missouri Code 115.133 – Voter Registration Qualifications
Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition,12Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts which covers every Class B felony in Missouri. Violating the federal firearms ban is itself a felony, and defendants with three or more prior violent felony or serious drug convictions face a 15-year mandatory minimum under the Armed Career Criminal Act.
Some careers close permanently. The federal Office of Inspector General excludes anyone convicted of healthcare fraud, patient abuse, or a felony involving controlled substances from all federal healthcare programs.13Office of Inspector General. Background Information Section 19 of the Federal Deposit Insurance Act imposes a lifetime ban on anyone convicted of a crime involving dishonesty, breach of trust, or money laundering from working at any FDIC-insured institution, though exceptions can be applied for and expunged records are not treated as offenses of record.14Federal Deposit Insurance Corporation. Your Guide to Section 19
A drug-related Class B felony can also affect passport eligibility. Federal law bars the State Department from issuing a passport to anyone convicted of a federal or state drug felony if they crossed an international border during the offense, for the period of imprisonment and any subsequent supervised release.15Office of the Law Revision Counsel. 22 US Code 2714 – Denial of Passports to Certain Convicted Drug Traffickers
Expungement is available for some felony convictions in Missouri, but the exclusion list is long. A Class B felony cannot be expunged if it qualifies as a dangerous felony, involves assault, domestic assault, kidnapping, a sex offense requiring registration, or any offense where death is an element, and the statute names dozens of additional ineligible sections. For eligible Class B offenses, a petition can be filed at least seven years after completing all terms of the sentence, including probation and parole.16Missouri Revisor of Statutes. Missouri Code 610.140 – Expungement of Certain Records Many people convicted at the Class B level will not qualify.