Section 27.18 Authorized Imprisonment for Classified Offenses

• Library: Criminal Practice 2012 Supp

A. (§27.18) Authorized Imprisonment for Classified Offenses

Under § 557.016, RSMo 2000, there are four classifications of felonies (class A through class D), three classifications of misdemeanors (class A through class C), and one classification of infractions. Following these classifications, § 558.011.1, RSMo Supp. 2004, sets forth the authorized terms of imprisonment as follows:

Classification of Offense	Authorized Term of Imprisonment
Class A felony	10 years to 30 years, or life imprisonment
Class B felony	5 years to 15 years
Class C felony	up to 7 years
Class D felony	up to 4 years
Class A misdemeanor	up to 1 year
Class B misdemeanor	up to 6 months
Class C misdemeanor	up to 15 days
Infraction	no term of imprisonment; maximum $200 fine

The criminal instruction for jury sentencing is found in MAI-CR 3d 304.02.

Under § 558.011.2, the sentencing court has discretion in class C and D felony cases to sentence the defendant to imprisonment for “a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court.” The section further provides that, in class C or D felony cases, if the sentencing court sentences a defendant to imprisonment for a term that is longer than one year, it must commit the defendant to the Department of Corrections “for a term of years not less than two years and not exceeding the maximum authorized terms.”

Section 558.011.2 has been interpreted by the Supreme Court in State v. Quisenberry, 639 S.W.2d 579, 588 (Mo. banc 1982), to “permit...