Armed Criminal Action


ARMED CRIMINAL ACTION

At Boehmer Law, our criminal defense lawyers have handled numerous armed criminal action cases and are ready to work for you.  Call us today at 636-896-4020 to schedule your free consultation visit where we will review your case, discuss the circumstances and share how we can get fighting for you.


Essentially, armed criminal action entails the use of any weapon while committing any crime. Armed criminal action is an extremely serious charge, particularly sense there is a minimum sentence of three years with no opportunity of probation if found guilty. 

The Missouri Revised Statues of Weapons Offenses 571.015 states that:  

1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.

2. Any person convicted of a second offense of armed criminal action shall be punished by imprisonment by the department of corrections and human resources for a term of not less than five years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of five calendar years.

3. Any person convicted of a third or subsequent offense of armed criminal action shall be punished by imprisonment by the department of corrections and human resources for a term of not less than ten years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of ten calendar years.

4. The provisions of this section shall not apply to the felonies defined in sections 564.590, 564.610, 564.620, 564.630, and 564.640.

(L. 1977 S.B. 60)
Effective 1-1-79
(2001) Three-year statute of limitations applies to charges of armed criminal action. State v. Hyman, 37 S.W.3d 384 (Mo.App.W.D.).

It is very important to remember that Armed Criminal Action is a very broadly defined crime which gives the state broad discretion in its use. 

 Many young people subject themselves to this type of liability when committing crimes of passion or youthful flagrant actions with an object that could be considered a weapon. For example, if a young man on a playground gets mad at another individual during a sporting event and angrily strikes another using a baseball bat, he could be subject to a charge of armed criminal action even if the other individual was not badly injured.  Most commonly, this type of charge stems from a crime in which a gun or knife was used. For example, someone attempting to rob a convenience store with a gun.

 Remember, it is up to the discretion of the state to file charges of armed criminal action against an individual which means it is their opinion to define in each situation what a deadly weapon is. It is important to have an experienced attorney who has handled these types of cases to help convince the prosecutor, judge, or a jury as to whether or not a deadly weapon was actually used.  

At Boehmer Law, our criminal defense attorneys have handled numerous armed criminal action cases and are ready to work for you. 

 Call us today at 636-896-4020 to schedule your free consultation visit where we will review your case, discuss the circumstances and share how we can get fighting for you.

 Do not wait, call now.  

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