Armed Criminal Action in Missouri: Understanding the Law and Its Implications
Introduction
In Missouri, committing a crime while armed with a dangerous weapon can result in charges of armed criminal action (ACA). This offense carries severe penalties and can significantly impact a person’s life, including their ability to obtain employment, housing, and other opportunities.
If you are facing charges of ACA in Missouri, it is crucial to understand the law and its implications. This article will provide an overview of the offense, its elements, defenses, and potential consequences.
Elements of Armed Criminal Action
Under Missouri law, ACA is defined as the use or threatened use of a dangerous weapon while committing or attempting to commit any felony offense, including drug crimes, assault, burglary, robbery, and others. A dangerous weapon is any firearm, knife, or other instrument capable of inflicting serious physical injury or death.
To prove ACA, the prosecution must show that the defendant intentionally used or threatened to use a dangerous weapon while committing or attempting to commit a felony offense. It is not necessary for the weapon to have been fired or used to cause harm; the mere presence of a dangerous weapon during the commission of a felony offense is enough to support ACA charges.
Defenses to ACA Charges
If you are facing ACA charges, it is critical to explore all possible defenses to the offense. Some common defenses include:
– Lack of intent: If the prosecution cannot prove that you intended to use or threaten to use a dangerous weapon while committing or attempting to commit a felony offense, you may be able to avoid ACA charges.
– Self-defense: If you used a dangerous weapon in self-defense, you may be able to argue that you were justified in your actions.
– Mistaken identity: If there is a question of whether you were the person who committed the offense, you may be able to challenge the prosecution’s identification evidence.
Penalties for ACA Convictions
ACA is a Class B felony in Missouri, carrying a potential sentence of five to fifteen years in prison. If a dangerous weapon was discharged during the commission of the offense, the minimum sentence increases to ten years. Additionally, ACA is considered a “dangerous felony,” which means that offenders must serve at least 85% of their sentence before becoming eligible for parole.
Additionally, ACA charges can have a significant impact on a person’s life, even after serving their sentence. Convictions for ACA can make it difficult to obtain employment, housing, and other opportunities, as well as affect a person’s ability to own or possess firearms.
Conclusion
Armed criminal action in Missouri is a serious offense that carries severe penalties and long-term consequences. If you are facing ACA charges, it is essential to understand the law and your options for defense. Consulting with an experienced criminal defense attorney is critical to protecting your rights and achieving the best possible outcome in your case.
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