The 2022 Missouri General Assembly located in Jefferson City is currently in session. Numerous bills have been submitted proposing a variety of changes. Some of these bills propose changes to Missouri’s Criminal Code, making this a legislative session worth following. This information may be of concern to practicing Missouri criminal lawyers and those interested in the criminal justice system.
Two of the most important bills proposed include:
Senate Bill 664 which proposes to exclude juveniles convicted of second-degree murder from automatically receiving a parole hearing after fifteen years.
Senate Bill 850 which proposes to change the mandatory minimums for armed criminal action, changes the criteria for determining if someone is a dangerous offender and increases the penalty for unlawful possession of a firearm.
Any person who commits a felony by, with or through the use of a dangerous instrument or deadly weapon also commits the offense of armed criminal action. Currently, a person convicted of armed criminal action shall be sentenced to a term of imprisonment for a term of, not less than, three years and not more than fifteen years. The punishment is imposed in addition to and consecutive to the crime committed by, with or through the use of a dangerous instrument or deadly weapon. No person is eligible for probation, parole, conditional release, or suspended imposition or execution of a sentence until the person has served at least three years of the sentence.
The proposed legislation provides that a person convicted of a first offense of armed criminal action, the minimum term of imprisonment shall be no less than three years. A person convicted of a second offense of armed criminal action shall serve a minimum term of five years imprisonment. A person convicted of armed criminal action shall not be eligible for parole, probation, conditional release or a suspended imposition or execution of a sentence.
Missouri law currently defines a dangerous offender as a person being sentenced for a felony in which he “knowingly murdered or endangered or threatened the life of another or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person and has been found guilty of a class A or B felony or a dangerous felony.” Section 558.016.4 RSMo. Under the current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent or dangerous offender. The proposed legislation claims to modify the definition of a dangerous offender to include a person who has been found guilty of a dangerous felony, but the current definition seems to already address that issue. It will be interesting to see how this language is presented as the bill continues to work its way through committee.
Under Missouri’s current Criminal Code, unlawful possession of a firearm is a class D felony unless a person has been convicted of a dangerous felony in which case it is a class C felony. The proposed legislation changes the penalty to a Class C felony unless the person has been convicted of a dangerous felony or the person has a prior conviction for unlawful possession of a firearm in which case, it is a class B felony.
Senate Bill 766 increases the time an offender can be held in jail if the person has been arrested for a criminal offense involving a dangerous felony. Currently, a person arrested for an offense cannot be held for more than twenty-four hours unless a criminal charge has been filed. This bill would allow a person involved in a dangerous felony to be held for forty-eight hours.
House Bill 1613 proposes to prohibit law enforcement agencies and prosecutors from referring, transferring or relinquishing possession of seized property to a federal agency for purposes of the property’s forfeiture under federal law.
When facing a state or federal criminal charge like those mentioned above, it is important to have a knowledgeable and experienced Jefferson City criminal defense lawyer on your side. With an office located three blocks from the Missouri Capitol Building where the General Assembly is in session, Scott keeps up with proposed legislative changes as part of his commitment to excellence in representing his clients. Scott concentrates his practice in the area of federal and state criminal defense. Scott is a member of the National Trial Lawyers Association, the National Association of Criminal Defense Lawyers, and the Missouri Association of Criminal Defense Lawyers. If you are seeking a professional and reliable criminal defense attorney, reach out to Scott Hamblin today.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
We had a very unique case. It was confusing and complicated. Scott stepped in, helped and guided us on our journey. He was knowledgeable, professional and very honest with us. I highly recommend him if you are put in a circumstance where you need an attorney. His integrity is amazing. The entire firm was wonderful to us.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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