PMCW Law

Many people think that burglary, robbery, and theft are all the same crime, but that isn’t the case. They are each slightly different from the other. Why does this matter? The answer is that they all are different crimes, which means if committed they could all lead to different punishments, one more severe than the other. Our experienced attorneys at the Lake of the Ozarks are here to put this confusion to rest and explain what burglary, robbery, and theft really are and what specifically makes these crimes different from one another.  Theft Theft is the most commonly committed crime between burglary, robbery, and theft. Theft is the taking of someone’s property without their consent and with no intention of returning that property to its rightful owner. There are 3 different points to consider when understanding theft: Property – Theft involves the taking of personal, tangible property from someone else. This means that you can’t consider it theft if you try to steal...

In Missouri, there are three different types of criminal charges, including felonies, misdemeanors, and infractions. The type of crime you are charged with is determined by the elements of the offense, as well as the range of punishment the individual could receive. These three criminal charge categories differ significantly and the law offices of Phillips, McElyea, Carpenter, & Welch, P.C. give you a reference guide below. Infractions An infraction, often called a violation or petty crime, is an offense that is typically penalized by fines, but not jail time. Traffic offenses are the most common form of infraction and these types of crimes may be handled in the municipal court. Misdemeanor A misdemeanor is less serious than a felony and tend to be the most common type of charge. Missouri categorizes misdemeanors into various classes: Class A through Class C. Class A misdemeanors are the most serious. Misdemeanor charges are issued by the state and include a wide...

Plea bargains are legal agreements used in criminal proceedings. As its name suggests, it is a bargain (or deal) offered in exchange for a certain plea. In criminal situations, the prosecution may offer the defendant a plea bargain in order to get the defendant to submit a guilty plea. Plea bargains vary greatly from case to case, but in general, they are used to get the defendant to admit guilt to a certain crime in exchange for a lighter or lesser sentence. In some cases, the defendant may also be able to have certain charges dismissed if he or she admits to one o r more of the other pending charges. The Camden County criminal defense attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you get a better understanding of how plea bargains work and what you should know before accepting one. Advantages Of Plea Bargains If a plea bargain is not use d, the defendant is granted his right to a trial. Trials can be time-consuming and ...

Regardless of whether or not you are found guilty, your life can turn upside down if you are charged with a crime. You could face months or even years of litigation, and (depending on the gravity of the crime in question) the consequences after dispositi on of your case could be severe. In order to promote the best possible outcome for your case, it is important to be proactive. Our criminal defense attorneys at the Lake of the Ozarks are here to help with this quick overview of the things you should do (and not do) if you are charged with a crime. Exercise Your Rights You have probably heard that you have the "right to remain silent," but are you familiar with the full extent of your Miranda Rights? Miranda Law ensures that every alleged criminal has the right to remain silent, the right to an attorney, and the right to have an attorney in the room with you as you are being questioned. The police often try to get you to provide information as soon as you are take...

Due to its many complexities and intricacies, the legal field is surrounded by many myths and misconceptions. Last month, we looked at some of the common misconceptions about personal injury law and the truth behind them. This month, we're continuing the discussion by addressing some of the misconceptions surrounding criminal defense. Unfortunately, defending yourself in the face of criminal charges at the Lake of the Ozarks may not be as simple as you thought. Misconception #1: Police Officers Are Required To Reveal Their Identity If You Ask Them Some individuals believe that if they ask police officers whether or not they're a law enforcement officer, they are required to answer honestly. However, this often isn't the case. Most officers are allowed to withhold the truth if it will help them make an arrest. The argument that you cannot be held accountable because you did not know they were law enforcement typically will serve as a advantageous defense. Miscon...