A Class E felony in Missouri is the state’s lowest felony tier, and a conviction can bring up to four years in prison and a fine of as much as $10,000.1Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 558.011 There is no mandatory minimum, so outcomes range from a suspended sentence with probation all the way to the full four-year term. What actually happens in a given case depends on the offense, the defendant’s record, and how the sentencing hearing is handled.
Which Offenses Are Class E Felonies
Dozens of Missouri offenses sit in this category. The one charged most often is third-degree assault, which involves knowingly causing physical injury to another person. When the victim is a “special victim” under Missouri law, including law enforcement officers, emergency responders, and certain other protected individuals, the offense moves up to a Class D felony instead.2Missouri Revisor of Statutes. Missouri Code 565.054 – Assault in the Third Degree
Other charges that frequently land in Class E territory include possession of a controlled substance, passing bad checks above certain dollar thresholds, identity theft, and driving while intoxicated with prior convictions.
What the Sentence Can Include
Prison
The maximum is four years in the Missouri Department of Corrections. Because there is no mandatory minimum, a judge can suspend the sentence entirely and order probation. First-time offenders whose conduct did not involve violence often avoid prison. If the court suspends execution of the sentence, the prison term sits on paper as leverage: violate probation and the judge can revoke and order the original sentence served in full.
Fines and Restitution
A Class E felony can carry a fine of up to $10,000. If the defendant profited from the crime, the court can instead impose a fine of up to double the amount gained.3Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 558.002 Restitution is separate and typically covers documented losses like medical bills, repair costs, and stolen property value. Court costs and surcharges add several hundred dollars or more on top.
Probation
Probation is the most common outcome for a first offense. Standard conditions include regular check-ins with a probation officer, drug and alcohol testing, treatment or counseling, community service, and holding down a job.4Justia. Missouri Revised Statutes Section 559.036 Felony probation in Missouri generally runs up to five years, with monthly supervision fees that vary by circuit. A new arrest, a failed drug test, or a missed appointment triggers a violation hearing where the judge can modify the terms, extend probation, or revoke it and impose the prison term.
Diversion and Drug Court
For some Class E charges, particularly drug possession, courts may offer diversion or drug court instead of a conventional prosecution. Drug court combines intensive supervision with treatment: frequent hearings, regular testing, and structured phases that typically last about twelve months. Successful completion may result in the charges being dismissed, leaving no felony conviction on the record.
Not everyone is eligible. Programs generally exclude defendants with prior violent felonies or current offenses that caused serious physical harm, and eligibility turns on the specific charge and the defendant’s history.
Defenses That Change Outcomes
Self-Defense in Assault Cases
Missouri law authorizes physical force when a person reasonably believes it is necessary to protect themselves or a third person from the imminent use of unlawful force.5Missouri Revisor of Statutes. Revised Statutes of Missouri, RSMo Section 563.031 Missouri is a “stand your ground” state, so there is no duty to retreat before using force if you are somewhere you have a right to be. The question at trial is whether the belief that force was necessary was objectively reasonable.
Lack of Intent
Most Class E felonies require proof that the defendant acted knowingly, meaning aware that the conduct would cause a particular result. If injury or damage was accidental, or the defendant genuinely did not know the facts that made the conduct criminal, the knowledge element fails. A defendant who honestly believed they had permission to take property, for instance, lacks the intent theft requires. Texts, emails, and prior dealings between the parties often decide whether a jury buys it.
Suppressing the Evidence
Evidence from an unlawful search or seizure can be suppressed. If police searched a car, home, or phone without a valid warrant or a recognized exception, what they found may be inadmissible. Statements taken after arrest without Miranda warnings can also be excluded. Suppression does not prove innocence; it can make it impossible for the state to meet its burden.
Sentencing Mitigation
When conviction is likely, the sentencing hearing often matters as much as the trial. Judges weigh lack of a prior record, a minor role in the offense, mental health issues, substance abuse, remorse, and circumstances like provocation. For a Class E felony, the difference between probation and prison frequently turns on how these factors are presented.
How Long the State Has to File Charges
Missouri’s statute of limitations for most felonies is three years. If prosecutors miss that window, the charges must be dismissed regardless of the evidence. A few exceptions apply: time the defendant spends outside Missouri or in hiding does not count against the clock, and fraud-based offenses may run from the date the fraud is discovered rather than when it happened.
Murder and Class A felonies have no statute of limitations, but that carveout does not reach Class E offenses.
Consequences Beyond the Sentence
Firearms
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition. A Class E felony carries up to four years, so the federal ban applies automatically on conviction.6Legal Information Institute (LII) / Cornell Law School. Felon in Possession Violating that prohibition is itself a separate felony.
Jobs and Professional Licenses
A felony conviction does not close every door, but it closes some. Background checks can disqualify applicants from healthcare, education, finance, and law enforcement roles. Missouri professional licensing boards look at felony convictions case by case, weighing the nature of the offense, how much time has passed, and how closely the conviction relates to the profession. A decade-old property offense may not block a nursing license; a recent theft conviction likely will.
Housing
Private landlords and property managers commonly screen for felonies and have broad discretion to deny applicants based on criminal history. Public housing and Section 8 voucher programs have their own restrictions, especially for drug-related felonies.
Immigration
For non-citizens, the immigration fallout can dwarf the criminal sentence. Federal law defines “aggravated felony” broadly, and the state classification does not control: an offense does not need to be labeled aggravated or even a felony under Missouri law to qualify under the federal definition. Simple theft can fall within it. A noncitizen convicted of an aggravated felony faces mandatory deportation, a permanent bar on reentry, and ineligibility for most relief including asylum. Any noncitizen facing a Class E charge should consult an immigration attorney before entering any plea.
Clearing the Record Later
Missouri allows expungement of many felony convictions under Section 610.140, though not all offenses qualify. Most violent and sexual offenses are permanently excluded. For eligible Class E felonies, the defendant must wait a set number of years after completing the sentence, including probation, before petitioning. The petition has to show no additional convictions during the waiting period and that expungement serves the interests of justice.
If granted, expungement closes the record from public view. The conviction will not appear on standard background checks, and the person can legally deny it ever occurred in most circumstances. Filing fees are typically modest, and fee waivers may be available. Because the waiting periods and eligibility rules have been amended several times in recent years, anyone considering a petition should check the current statute or ask an attorney whether their offense still qualifies.