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Penalty for Burglary and Vandalism of a Vehicle

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  • 02-08-2015, 06:44 PM
    Mims44
    Penalty for Burglary and Vandalism of a Vehicle
    My question involves criminal law for the state of: Missouri

    A friend of mine was recently arrested in Missouri and charged with four felonies two class C and two class D.
    Class C:
    Tampering With Motor Vehicle - 1st Degree
    Burglary - 2nd Degree
    Class D:
    Knowingly Burning Or Exploding
    Property Damage 1st Degree

    From what she told me she "trashed" his car and his house, and had no idea about the knowingly burning or exploding charge, though she said she does not remember all the events that happened (she had been drinking). She's currently in jail and will be assigned a public defender tomorrow morning. Before this incident she had a clean record and she is a disabled veteran (PTSD).
    Her bail is set at $100,000 currently, which she can not pay and will likely be staying in jail through the months it takes for the court system to work.

    She will likely be pleading guilty, since she did do the things she is being charged with.
    What I am wanting to know is if there is any likelihood that she can get out of this with time served plus probation? The literature I found for Missouri class C and D felonies are confusing. 1 to 7 years for "C" but also says something stipulating that there could be no time? Same with class "D"

    Any advice on what to expect, or an educated opinion on what could happen is all I am really hoping for.
  • 02-08-2015, 06:48 PM
    Dogmatique
    Re: Multiple Felonies, Looking for an Educated Opinion on What to Expect
    Honestly?

    We don't have nearly enough information - and that's the way it should be. She has a HUGE bail amount, and these are very serious crimes. She - and everyone who knows her - should really utter nothing about this unless you're invited to by her attorney...and even then...

    I guarantee you don't have the full story.
  • 02-08-2015, 07:24 PM
    Mims44
    Re: Multiple Felonies, Looking for an Educated Opinion on What to Expect
    I'm quite sure I don't have anything close to the full story.
    But let's assume everything is as good as it could be for her, down to the judge having the best sleep of his life followed by the best cup of coffee ever.
    Is there a chance that there could be no additional jail time?

    Is there anyway someone can be convicted of four felonies and not get a jail sentence?
  • 02-08-2015, 07:45 PM
    Mr. Knowitall
    Re: Penalty for Burglary and Vandalism of a Vehicle
    There's no realistic way to tell you what sentence this person is going to receive, as the outcome depends upon a huge number of unknown factors. Assuming the charges are resolved by a plea bargain, the sentence will depend in large part upon the terms of the plea bargain and the agreed charges to which the defendant pleads as part of that bargain. Information on typical sentences is compiled by the Missouri Sentencing Advisory Commission, but to use that information you have to know the likely conviction charge(s). The defendant's best chance of getting a realistic appraisal of likely outcomes is through discussion of her case with her lawyer. Depending on what the facts turn out to be we could be talking about anything from probation to prison.

    This person should also discuss with her lawyer the possibility of seeking additional treatment for her PTSD and alcoholism through the V.A.
  • 02-08-2015, 09:07 PM
    Disagreeable
    Re: Penalty for Burglary and Vandalism of a Vehicle
    She or a friend should contact this organization for vets with PTSD that end up in severe legal problems.

    http://www.justiceforvets.org/
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