How Do Prior Convictions Impact Theft Charge Sentencing?
July 9, 2025
When facing theft charges in Missouri, a person’s criminal history can play a major role in how the court hands down a sentence. Even a single prior conviction—whether for theft or another type of offense—can increase the severity of the penalties, shift the charge to a higher classification, and reduce the chances of probation or diversion.
Here, an experienced criminal defense attorney at Johnson Law Firm will break down the legal structure behind Missouri’s theft sentencing laws to help you understand what to expect if you or someone you know is charged with theft in St. Joseph, Missouri.
What's Considered Theft in Missouri?
In Missouri, theft is generally defined under Missouri Revised Statutes §570.030 as unlawfully taking the property or services of another with the intent to deprive them of it. The statute outlines several categories of theft, including stealing, embezzlement, and receiving stolen property.
The classification of the offense—whether it’s a misdemeanor or felony—largely depends on the value of what was allegedly stolen and, significantly, on the accused’s criminal history.
First-Time Theft Offenses
For individuals without a prior criminal record, theft charges in Missouri often start as misdemeanors if the stolen property is valued at less than $750. A first-time offense of stealing something under this threshold is typically classified as a Class A misdemeanor, which can carry up to one year in jail and fines of up to $2,000.
However, even first-time charges may be bumped up to a felony under certain circumstances. For example, theft of firearms, explosives, or credit cards can result in Class D felony charges regardless of the property's monetary value.
Someone facing a first offense should still seek help from a criminal defense attorney, especially since these charges can still lead to lasting consequences like a criminal record and employment difficulties.
How Prior Convictions Impact Your Case
A prior conviction can shift a seemingly minor theft case into felony territory. Missouri law mandates harsher sentencing for those with a documented pattern of similar behavior. For instance, if someone has two or more prior stealing-related convictions, any new charge may automatically become a felony—even if the item taken is of low value.
According to Missouri Revised Statutes §570.040, repeated theft offenses may escalate to Class E or Class D felonies, depending on circumstances like:
The nature of the prior offenses
How recently the prior offenses occurred
Whether the current theft involved aggravating factors like force, threats, or weapons
This “escalator” effect within Missouri’s sentencing guidelines is one of the key reasons why people with prior convictions should speak to a criminal defense attorney right away.
Felony Theft Sentencing Tiers in Missouri
Felony theft charges in Missouri fall into different classes with different penalty ranges:
Class E felony: Up to four years in prison
Class D felony: Up to seven years in prison
Class C felony: Three to 10 years in prison
Class B felony: Five to 15 years in prison (rare for theft, unless violence is involved)
A judge must consider both the current charge and any prior convictions when deciding on sentencing within these ranges. A criminal defense attorney can make a significant difference by presenting mitigating factors that might reduce the length of incarceration or allow for alternative sentencing.
Habitual Offender Status
In some cases, a person may be labeled a “persistent” or “prior” offender under Missouri Revised Statutes §558.016. This classification allows prosecutors to seek enhanced sentencing, which may eliminate the possibility of probation or parole.
A persistent offender is generally someone with two or more prior felony convictions. A prior offender has one. These labels can transform even a Class D felony into a sentencing scenario with much higher penalties, especially if the new offense is similar in nature to past convictions.
Defendants in this situation should contact a criminal defense attorney with experience handling theft and habitual offender cases in Missouri courts.
The Importance of Timing and Charge Reduction
One of the advantages of working with a criminal defense attorney early in the process is the opportunity to influence how the charge is filed. Prosecutors often review police reports before formally filing charges. If the attorney can provide evidence or argument at this stage, there may be a chance to reduce a felony to a misdemeanor—or, in some cases, dismiss the case entirely.
Without legal guidance, a defendant may end up facing elevated charges that could’ve been avoided. Missouri's laws are unforgiving toward repeat offenders, and even a slight shift in classification can lead to major consequences.
Alternative Sentencing and Prior Records
Some courts in Missouri offer alternative sentencing options for first-time or low-level offenders, such as:
Deferred prosecution programs
Diversion agreements
Community service requirements
Counseling or restitution in place of jail time
However, prior convictions—particularly for the same or similar offenses—may make a defendant ineligible for these alternatives. This is another reason to contact a criminal defense attorney, who can negotiate with prosecutors or highlight rehabilitation efforts to help the court consider leniency.
Probation Eligibility and Criminal History
A criminal record can also affect eligibility for probation. Judges weigh whether the defendant has complied with prior probation conditions and whether they present a risk to the community. A person who previously violated probation terms may have a harder time convincing the court to grant supervised release over jail time.
This doesn’t mean probation is impossible. An experienced criminal defense attorney may still argue for it, especially if the defendant is actively working to turn their life around—holding a job, seeking treatment, or caring for family.
Appeals and Sentencing Mitigation
Even after sentencing, there may be opportunities to appeal the court’s decision or seek sentence mitigation. For example, if a prior conviction was used improperly to enhance a sentence, that might be grounds for an appeal. Missouri appellate courts have reversed theft sentences in some cases where a prior offense was not legally admissible.
A criminal defense attorney with knowledge of Missouri appellate procedures can evaluate whether a sentence enhancement was lawful and file appropriate motions or appeals to challenge it.
Long-Term Consequences of Prior Convictions
The impact of prior convictions goes beyond immediate jail time or fines. They can affect housing, employment, licensing, and even voting rights. For non-citizens, they can also lead to immigration consequences. A theft conviction, particularly a felony, may be considered a “crime involving moral turpitude,” which can trigger removal proceedings.
Anyone with prior convictions facing new charges should consult a criminal defense attorney who understands the broader consequences and can work to limit long-term harm.
When to Hire A Lawyer
Anyone accused of theft should contact a criminal defense attorney as early as possible—ideally, before charges are even filed. Early legal intervention offers the best chance of charge reduction, favorable plea deals, and minimized sentencing.
If someone already has one or more prior convictions, delaying representation can make the case harder to defend. Judges and prosecutors will already have the defendant’s criminal history on file, and they may approach the case more aggressively as a result.
A seasoned criminal defense attorney will know how to anticipate the prosecution’s arguments, challenge unlawful enhancements, and guide the defendant toward a better outcome.
Prior convictions play a major role in how Missouri courts handle theft charges. Even if the value of the stolen item is low, a past record can push a misdemeanor into felony territory, limit probation opportunities, and lead to long-term consequences.
That’s why anyone facing theft charges—especially repeat offenses—should contact a criminal defense attorney immediately. Legal representation isn’t just about having someone to speak for you in court. It’s about having someone who understands how Missouri law works, who can spot unfair sentence enhancements, and who can build a case that highlights your side of the story.
Contact Johnson Law Firm Today
The Missouri justice system can be tough on repeat offenders, but with a strong legal strategy and a qualified criminal defense attorney, there’s a better chance of moving forward without bearing the weight of the past for the rest of your life. Located in St. Joseph, Missouri and serving clients throughout Country Club, Platte City, Plattsburg, Stewartsville, Savannah, Cameron, Lathrop, Johnson Law Firm is the firm to call. Reach out today.