A Class D felony in Missouri is a mid-tier felony punishable by up to seven years in prison and fines up to $10,000.1Missouri Revisor of Statutes. Missouri Revised Statutes Section 558.011 It covers a wide range of offenses, including theft of property worth $750 or more, most drug possession, identity theft in a middle dollar range, and third-degree assault against certain protected victims. The conviction also carries consequences that reach past the courtroom, affecting firearm rights, voting, employment, and housing for years.
Where Class D Sits Among Missouri’s Felonies
Missouri sorts felonies into five classes, A through E, with A the most serious. Under Section 557.021, an offense is a Class D felony when its maximum authorized prison term is more than four years but less than ten.2Missouri Revisor of Statutes. Missouri Revised Statutes Section 557.021 Section 558.011 sets the actual ceiling at seven years.1Missouri Revisor of Statutes. Missouri Revised Statutes Section 558.011 That places Class D below Class C (three to ten years) and above Class E (up to four years).
Whether a given act lands in Class D often turns on specifics: the dollar value of what was taken, who the victim was, or the defendant’s prior record. A theft that would otherwise be a misdemeanor becomes a Class D felony once the value crosses a statutory threshold.
Common Class D Felony Offenses
Theft and Property Crimes
Under Section 570.030, stealing property or services worth $750 or more is a Class D felony. The same class applies regardless of value when the property is a motor vehicle, firearm, livestock, controlled substance, or certain other categories listed in the statute. Taking property directly from another person’s body is also a Class D felony, even if the item is worth less than $750.3Missouri Revisor of Statutes. Missouri Revised Statutes Section 570.030
Identity Theft
Identity theft is a Class D felony when the credit, money, goods, or services obtained are worth between $750 and $25,000.4Missouri Revisor of Statutes. Missouri Revised Statutes Section 570.223 Below $750 it drops to a misdemeanor. Above $25,000 it climbs to a Class C or Class B felony depending on the total.
Drug Possession
Possessing any controlled substance is generally a Class D felony. Marijuana and synthetic cannabinoids are the notable exception: more than ten but no more than thirty-five grams of marijuana is a Class A misdemeanor, and ten grams or less is a Class D misdemeanor, bumped up to a Class A misdemeanor if the person has a prior drug conviction.5Missouri Revisor of Statutes. Missouri Revised Statutes Section 579.015
Third-Degree Assault on a Special Victim
Third-degree assault, knowingly causing physical injury to another person, is normally a Class E felony. It rises to a Class D felony when the victim is a “special victim.” That category includes law enforcement officers, firefighters, emergency medical personnel, probation and parole officers, corrections officers, elderly individuals, people with disabilities, utility and transit workers, and highway workers in construction zones.6Missouri Revisor of Statutes. Missouri Revised Statutes 565.054 – Assault in the Third Degree7Missouri Revisor of Statutes. Missouri Revised Statutes Section 565.002
Prison, Jail, and Fines
The maximum prison sentence for a Class D felony is seven years. Unlike Classes A through C, Class D has no statutory minimum, so judges have wide discretion. A judge can also sentence a Class D offender to up to one year in county jail instead of state prison, which can meaningfully change how the time is served.1Missouri Revisor of Statutes. Missouri Revised Statutes Section 558.011
Fines run up to $10,000.8Missouri Revisor of Statutes. Missouri Revised Statutes Section 558.002 Judges weigh the defendant’s ability to pay and the financial harm to victims. Courts may allow payment plans or substitute community service for defendants facing genuine hardship.
Probation
Felony probation in Missouri runs one to five years. Conditions are tailored to the offense and the person, and often include counseling, community service, drug testing, and regular check-ins with a probation officer. If the person violates probation, the court can extend the term by up to one additional year beyond the original maximum, but only one extension is allowed.9Missouri Revisor of Statutes. Missouri Revised Statutes Section 559.016
The court can also terminate probation early and discharge the defendant at any time if the person’s conduct warrants it.10Missouri Revisor of Statutes. Missouri Revised Statutes Section 559.036 Missouri’s earned compliance credit system shortens supervision by 30 days for every full calendar month of compliance.
How Prior Convictions Change the Sentence
Priors can push a Class D sentence up sharply. Two separate mechanisms are at work.
First, if the court finds the defendant is a “persistent offender” or “dangerous offender,” the sentence is bumped up one full class. A Class D felony is then sentenced as if it were Class C, with an authorized range of three to ten years instead of zero to seven.11Missouri Revisor of Statutes. Missouri Revised Statutes Section 558.016
Second, even without that designation, prior prison commitments trigger mandatory minimum percentages of the sentence imposed. These control how much time must actually be served before release becomes possible:
- One prior prison commitment: at least 40% of the sentence.
- Two prior prison commitments: at least 50%.
- Three or more prior prison commitments: at least 80%.
An alternative kicks in when the person reaches age 70 while incarcerated: eligibility at 30% with one prior, or 40% with two or more priors.12Missouri Revisor of Statutes. Missouri Revised Statutes Section 558.019 The practical gap between a first Class D conviction and one with priors can be enormous.
Defenses
The strongest defenses to a Class D felony charge usually attack a specific element the prosecution has to prove. In theft cases, the state must show the defendant intended to permanently take someone else’s property. Borrowing without permission, or a genuine misunderstanding about ownership, can undermine that element. In drug possession cases, the question is often whether the defendant actually knew about and controlled the substance. Drugs found in a shared car or apartment don’t automatically belong to every person nearby.
Constitutional protections matter especially in drug and property cases. If police searched without a valid warrant or an applicable exception, the evidence they found can be suppressed under the Fourth Amendment’s exclusionary rule. A successful suppression motion can gut the case, sometimes forcing dismissal.
Mitigating factors won’t defeat the charge, but they shape sentencing. Courts consider mental health, lack of criminal history, evidence of rehabilitation, and the specific circumstances of the offense. That’s often the difference between prison and probation, or between a longer and shorter term.
Can a Class D Felony Be Expunged
Some Class D convictions can be expunged, but the statute has a long exclusion list. At least three years must pass from completion of the full sentence, including probation, parole, and any other court-ordered requirements.13Missouri Revisor of Statutes. Missouri Revised Statutes Section 610.140
These offenses can’t be expunged no matter how much time passes:
- Any Class A felony.
- Dangerous felonies as defined in Section 556.061.
- Sex offenses requiring registration.
- Felonies involving death as an element of the offense.
- Assault and domestic assault felonies, and felony kidnapping.
- Dozens of specifically listed statutes, including identity theft (Section 570.223), certain weapons offenses, and DWI-related crimes.
So a Class D felony for drug possession or general theft may be eligible, while a Class D identity theft conviction is not, because Section 570.223 is on the exclusion list.13Missouri Revisor of Statutes. Missouri Revised Statutes Section 610.140 Checking whether the specific statute is excluded is the first thing to do before filing a petition.
Collateral Consequences
The formal sentence is only part of the picture. A Class D conviction triggers a set of consequences that follow a person well beyond release or discharge.
Firearms
Federal law bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing or purchasing firearms.14Office of the Law Revision Counsel. Title 18 – Crimes and Criminal Procedure, Section 922 Because a Class D felony in Missouri carries up to seven years, every Class D conviction triggers this federal ban. The rule applies even if the sentence was probation with no jail time.
Voting
Missouri suspends voting rights while a person is on felony probation or parole, or confined in an institution. Once fully discharged from supervision, voting rights are restored and the person can re-register through their local election authority or the Department of Revenue.15Missouri Department of Corrections. What Voting Rights Do Clients Have, and How Are Suspended Rights Restored
Federal Jury Service
A felony conviction disqualifies a person from federal grand or petit jury service unless their civil rights have been restored.16Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service In practice, the disqualification lasts at least until the sentence is complete and rights are formally restored.
Employment and Housing
A Class D conviction stays on background checks indefinitely. The federal Fair Credit Reporting Act limits reporting of most negative information to seven years, but criminal convictions are explicitly exempt from that cap. Public housing authorities can screen applicants using criminal conviction records and deny admission on that basis, though they must notify the applicant and allow a chance to dispute the information first.17eCFR. Title 24, Subtitle A, Part 5, Subpart J – Access to Criminal Records and Information
Passports
A felony conviction alone does not automatically disqualify someone from holding a passport. If the terms of probation or parole forbid leaving the United States or the court’s jurisdiction, the Department of State can deny or revoke a passport for the duration of that restriction.18U.S. Department of State. Passport Information for Law Enforcement
How Long Prosecutors Have to File Charges
Prosecutors generally have three years from the date of the offense to file Class D felony charges. Once that window closes, the state cannot bring a prosecution. Some offenses carry different limitation periods, and there is no statute of limitations for murder or other statutorily exempted offenses. Certain actions, like fleeing the state, can pause the clock.