Understanding Life Sentences in Missouri

If you or a loved one is facing, or has been charged with, a life sentence, it is important to understand exactly what a life sentence entails and what the end result can look like. This type of sentence is much different than a municipal charge.

What is a life sentence?

Believe it or not, this is not a simple question to answer and it depends on the jurisdiction.

In Missouri, a life sentence is considered a 30-year prison sentence with one exception. A first-degree murder conviction states that the life sentence imposed means that the person convicted will die in prison.

In the federal court system, a life sentence means that the person convicted will remain in prison until their natural death, unless successfully appealed or shortened to a fixed term.

Can minors be charged with a life sentence without the possibility of parole?

In 2012, the Supreme Court ruled in the case of Miller v. Alabama that minors cannot be issued life sentences with no chance for parole except in the case of aggravated first-degree murder, based on the 8th Amendment outlawing cruel and unusual punishment.

What is the point of being charged with multiple life sentences?

At first glance, having a judge do this might seem to make no sense. But, in the state system, remember that life sentences are essentially 30-year sentences, so two life sentences would effectively equal a 60-year sentence.

In the case of life sentences without a term limit (such as a first-degree murder in Missouri or a federal life sentence), having multiple consecutive life sentences ensures that the person convicted will remain in jail until their natural death even if one conviction is commuted (shortened) or overturned.

What are crimes that are eligible for life sentences?

There are two types of crimes eligible for life sentences – federal and state.

Federal Crimes Eligible for Life Sentences

First Degree Murder

Treason

Other federal crimes could be eligible for life sentences as well if certain circumstances existed when the crime was committed. For example, a life sentence could be imposed for kidnapping, if the person kidnapped was a minor who was sexually exploited and the kidnapper used a gun in the abduction.

You will notice that there are far fewer federal crimes eligible for life sentences, as compared to state charges, due to the fact that federal crimes are sentenced with the intent that the person convicted serve the entire term of the sentence. No parole options exist in the federal system except for those convicted prior to November 1, 1987.

Missouri Crimes Eligible for Life (30 Year) Sentences

Abandonment of Child – 1st Degree – Death of Child
Abandonment of Child – 2nd Degree – Death of Child
Abuse or Neglect of a Child – Less Than 14 Years of Age and Sexual Abuse/Exploitation
Abuse or Neglect of a Child – Resulting in Death Under Sec. 568.060.5(2)
Abuse or Neglect of a Child – Serious Emotional or Physical Injury
Aiding/Abetting a Person Discharging/Shooting a Firearm at or From a Motor Vehicle – Physical Injury or Death
Any Person Not Owner/Not in Lawful Control of Approved Container, Allow Release/Escape of Anhydrous Ammonia-Death/Serious Injury
Arson 1st Degree – Causing Serious Physical Injury or Death
Arson 1st Degree – Causing Serious Physical Injury or Death as a Result of Fire or Explosion In An Attempt to Produce Methamphetamine
Assault 1st Degree or Attempt – Serious Physical Injury or Special Victim
Assault with Intent to Commit Bus Hijacking with a Weapon
BWI – Death of 2 or More – 2nd or Subsequent Violation
BWI – Death of Law Enforcement or Emergency Personnel – 2nd or Subsequent Violation
BWI – Habitual – 2nd or Subsequent Violation
Causing Catastrophe
Child Kidnapping
Child Molestation – 1st Degree
Distribution of a Controlled Substance in a Protected Location
Domestic Assault – 1st Degree – Previous Offense Under “This Crime”
Domestic Assault – 1st Degree – Serious Physical Injury
Domestic Assault – 1st Degree – Serious Physical Injury
DWI – Death of 2 or More – 2nd or Subsequent Violation
DWI – Death of Law Enforcement or Emergency Personnel – 2nd or Subsequent Violation
DWI – Habitual – 2nd or Subsequent Violation
Endangering the Welfare of a Child – 1st Degree – Death of Child – No Sexual Conduct
Endangering the Welfare of a Child – 1st Degree – Death of Child – Sexual Conduct
Escape or Attempted Escape from Confinement with Deadly Weapon, Dangerous Instrument or By Holding Hostage
Escape or Attempted Escape from Custody with Deadly Weapon, Dangerous Instrument or By Holding Hostage
Financial Exploitation of Elderly/Disabled Person
Kidnapping – 1st Degree
Knowingly Infect Another with HIV By Being a Blood, Blood Product, Organ, Tissue or Sperm Donor
Manufacture of a Controlled Substance – Physical Injury or Death During Manufacture
Murder 1st Degree (this is a full life sentence, not 30 years)
Murder 2nd Degree
Murder 2nd Degree – Felony Murder – During Perpetration/Attempted Perpetration/Flight from Perpetration of a Felony, a Person Dies
Murder 2nd Degree – Vehicular – Intoxicated
Perjury in Criminal Trial to Secure Conviction of Murder
Planting Bomb or Explosive at or Near Bus or Terminal
Promote Child Pornography to a Minor 1st Degree
Recklessly Infect Another with HIV When Actor Is Knowingly Infected With HIV
Robbery – 1st Degree
Sexual Exploitation of a Minor Child
Stealing
Tamper with a Prescription Drug Order
Trafficking Drugs – 2nd Degree – Over Statutory Amount
Trafficking Drugs or Attempt- 1st Degree – Over Statutory Amount
Treason
Unlawful Use of Weapon – Subsection 9 – Shoot At/From Motor Vehicle, At Person, Motor Vehicle or Building, Resulting in Death or Injury

How much time will someone sentenced to life in Missouri actually serve?

As a general rule, the time served after which someone can be eligible for parole is dependent on how many prior convictions someone has:

One Prior – 40% of sentence (or until the age of 70 with 30% served)
Two Priors – 50% of sentence (or until the age of 70 with 40% served)
Three or More Priors – 80% of sentence (or until the age of 70 with 40% served)

There are certain crimes that do not allow a parole hearing until a certain portion of the sentence has been served no matter how many prior convictions someone has. Those crimes are:

Armed Criminal Action – 3 years for first conviction, 5 years for second conviction, and 10 years for third conviction
Aggravated and Chronic DWI Offenders – Aggravated – 60 Days; Chronic – 2 years
Capital Murder – 50 years
Discharging of a Firearm in the Committal of a Crime – 10 years for prior offenders
Enticement of a Child Less than 15 – 5 years
Failure to Register as a Sex Offender, 3rd Offense – 2 years
Forcible Rape or Sodomy of a Victim Less than 12 – 30 years
First Degree Involuntary Manslaughter – 85% of sentence
Pharmacy Robbery in the First Degree – 10 years
Pharmacy Robbery in the Second Degree – 5 years
Prior or Persistent Domestic Violence Offenders – 6 months

And lastly, there are some crimes that are ineligible for parole:

Child Molestation in the First Degree of a Child Less than 12 (when there was serious physical violence of the offender was a repeat offender)
Discharging of a Firearm in the Committal of a Crime (by persistent offenders)
Domestic Assault in the First Degree (for persistent domestic violence offenders)
Drug Trafficking Offenses (in certain cases)
Murder in the First Degree
Persistent Sexual Offender
Tampering with Victim/Witness

Life sentences are obviously a very big deal and especially in states like Missouri where life doesn’t necessarily mean life, they can be quite confusing as well. At Twibell Pierson Criminal Law, we have handled a lot of cases with life sentences on the line and won those cases. Even if convicted, having an experienced defense attorney on your side can help minimize you or your loved one’s time served.