A Class B misdemeanor in Missouri is a mid-level criminal offense punishable by up to six months in county jail, plus a fine. It sits one step below a Class A misdemeanor and one step above a Class C. Six months is the ceiling, not the expectation: many first-time offenders receive probation instead of jail. But the conviction still creates a criminal record, and that record can follow you into job applications, housing searches, and, in some cases, your right to own a firearm.
What Makes an Offense a Class B Misdemeanor
Missouri’s classification statute defines a Class B misdemeanor by its authorized jail time: more than thirty days but no more than six months.1Missouri Revisor of Statutes. Missouri Code 557.021 – Classification of Offenses Outside This Code That range is what separates it from a Class A misdemeanor (up to one year) and a Class C misdemeanor (up to fifteen days). The ceiling matters because it drives your penalty exposure, your access to a public defender, and how probation is structured.
Common Charges in This Class
Several everyday charges fall into the Class B category:
- First-offense driving while intoxicated. A DWI charge is a Class B misdemeanor regardless of blood alcohol concentration, but a BAC of 0.15% or higher triggers mandatory minimum jail time and may require a DWI court program.2Missouri Revisor of Statutes. Missouri Code 577.010 – Driving While Intoxicated
- First-offense peace disturbance. Unreasonable noise, fighting, or similar conduct that disrupts public order. A second conviction bumps up to a Class A misdemeanor.3Missouri Revisor of Statutes. Missouri Code 574.010 – Peace Disturbance
- First-degree trespass. Knowingly entering or remaining on someone else’s property without permission. It escalates to a Class A misdemeanor if the victim is a law enforcement officer or a close relative of one, and to a Class E felony if the property is part of a nuclear power plant.4Missouri Revisor of Statutes. Missouri Code 569.140 – Trespass in the First Degree
- Second-degree property damage under ordinary circumstances.5Missouri Revisor of Statutes. Missouri Code 569.120 – Property Damage in the Second Degree
- Drunkenness or drinking in a prohibited place, meaning a schoolhouse, a church during an assembly, or a courthouse. Missouri does not have a broad public intoxication statute, so this offense is narrower than it might sound.6Missouri Revisor of Statutes. Missouri Code 574.075 – Drunkenness or Drinking in Certain Places Prohibited
- Possession of drug paraphernalia, commonly charged at this level.
Aggravating facts can push several of these to a higher class. The base charge alone doesn’t always describe the full exposure.
Jail Time, Fines, and Other Costs
The statutory maximum is six months in a county jail or other authorized institution.7Missouri Revisor of Statutes. Missouri Code 558.011 – Sentence of Imprisonment, Terms, Conditional Release Judges have discretion to impose less, and often do.
Fines can be ordered in addition to or instead of jail. Where a defendant profited financially from the offense, the court can impose a fine up to double that gain, subject to a statutory cap. The judge weighs the offense, the defendant’s history, and any financial benefit.
The fine isn’t the only bill. Courts add surcharges and administrative fees on top. Restitution to victims for damage or loss caused by the offense is separate from the fine and often ordered alongside it.
Probation Instead of Jail
For most Class B convictions, the court can suspend the jail sentence and place you on probation. Missouri authorizes misdemeanor probation terms of six months to two years, and a judge can extend probation once by up to a year if you violate the terms.
Typical conditions include check-ins with a probation officer, community service, substance abuse treatment or counseling (especially in DWI cases), and payment of all fines and restitution. Violate a condition and the court can revoke probation and impose the original jail sentence.
First-offense DWI has its own wrinkle. The court cannot grant a suspended imposition of sentence unless probation runs at least two years. If your BAC was 0.15% or higher, you may also have to complete a DWI court treatment program.2Missouri Revisor of Statutes. Missouri Code 577.010 – Driving While Intoxicated
Do You Get a Public Defender
If you can’t afford a lawyer, the Missouri public defender system is required to represent anyone charged with a misdemeanor that will “probably result in confinement in the county jail upon conviction.”8Missouri Revisor of Statutes. Missouri Code 600.042 – Duties of the Director Because a Class B misdemeanor authorizes up to six months of jail, most defendants at this level qualify. The exception is when the prosecutor has already waived jail; if incarceration is off the table, the right to appointed counsel may not apply.
Consequences After the Case Ends
The sentence is only part of what a conviction costs.
Employment and housing. Many employers and landlords run background checks, and a misdemeanor can disqualify you from certain jobs, professional licenses, or rental applications. Missouri has no statewide “ban the box” law for private employers, so the conviction may come up on the initial application.
Firearms. A standard Class B conviction does not trigger a federal firearms prohibition. But if the underlying offense qualifies as a “misdemeanor crime of domestic violence,” federal law permanently bans you from possessing any firearm or ammunition, with no expiration.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
What Happens if You’re Charged Again
Missouri law labels someone with two or more Class A or Class B misdemeanor convictions from different times a “persistent misdemeanor offender,” and the court can then impose a sentence beyond the standard maximum.10FindLaw. Missouri Code 558.016 – Extended Terms for Prior Criminal Conduct Definitions Sentencing Some offenses also escalate on their own terms. Peace disturbance, for example, is a Class B on a first conviction, a Class A on a second, and carries mandatory fines of $1,000 to $5,000 on a third or later conviction.3Missouri Revisor of Statutes. Missouri Code 574.010 – Peace Disturbance
Clearing the Record Through Expungement
Missouri allows expungement of many misdemeanor convictions, and most Class B misdemeanors qualify. You must wait at least three years after completing your sentence, meaning after jail, probation, fines, and restitution are all fully resolved.11Missouri Revisor of Statutes. Missouri Code 610.140 – Expungement of Certain Records
The court weighs whether you’ve stayed out of trouble during the waiting period, whether all financial obligations are paid, whether you have any pending charges, and whether expungement serves the public interest. Not every offense qualifies. Missouri excludes a long list, including domestic assault, certain weapons violations, and offenses involving law enforcement officers or their relatives as victims.11Missouri Revisor of Statutes. Missouri Code 610.140 – Expungement of Certain Records
When granted, expungement removes the conviction from your record for most purposes and can restore employment and housing opportunities a visible record would otherwise close off. Filing fees vary by county, so check with the circuit court where the case was handled.