Armed criminal action is a separate Missouri felony charged alongside another felony whenever the State alleges a weapon or dangerous instrument was used. It carries a minimum prison term, runs consecutively to the other sentence, and bars probation and parole for the first three years.
This guide explains armed criminal action under RSMo 571.015, the penalties, how it interacts with the underlying charge, and how it is defended.
The charge
What is armed criminal action in Missouri?
Committing any Missouri felony with a deadly weapon or dangerous instrument.
Under RSMo 571.015, a person who commits any felony under Missouri law “by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon” is also guilty of armed criminal action. It is commonly charged with assault, robbery, and some drug and burglary cases.
A “dangerous instrument” is not limited to guns and knives. Depending on how it was used, an ordinary object such as a vehicle, a bat, or a bottle can qualify. The question is how the object was used, not what it is.
Penalties
What is the sentence for armed criminal action in Missouri?
An unclassified felony with a mandatory minimum.
First offense
3 to 15 years in the Department of Corrections, or at least 5 years if the person was unlawfully possessing a firearm.
Second offense
5 to 30 years, or at least 15 years if the person was unlawfully possessing a firearm.
Consecutive
The sentence is in addition to, and consecutive to, the sentence for the underlying felony.
No early release at first
A person convicted of a first offense is not eligible for parole, probation, conditional release, or a suspended imposition or execution of sentence for three calendar years.
Armed criminal action is also on Missouri’s list of dangerous felonies, which generally requires serving 85 percent of a prison sentence before parole eligibility.
Two charges
Can you be convicted of armed criminal action and the underlying felony?
Yes. Missouri law allows both, with consecutive sentences.
The legislature made armed criminal action a separate offense with its own consecutive punishment, so a person can be convicted of both the underlying felony and armed criminal action. But armed criminal action depends on the underlying felony. If the State cannot prove the felony, armed criminal action fails with it.
That link matters in negotiations too. Whether the armed criminal action count is dismissed is often the most important term in resolving an assault or robbery case, because it carries the minimum term and the three-year bar on probation.
Defenses
How do you defend an armed criminal action charge?
By attacking the underlying felony and the weapon element.
- The underlying felony. If the felony is not proven, or is reduced to a misdemeanor, armed criminal action cannot stand.
- Self-defense. Many armed criminal action cases come out of fights or confrontations where Missouri’s self-defense law applies. A justified use of force is not a felony.
- Deadly weapon or dangerous instrument. Whether an object was used in a way capable of causing death or serious injury is a fact question.
- “By, with, or through.” The weapon must have been used to commit the felony, not merely present nearby.
- Identification and evidence. Video, forensic evidence, and witness accounts often conflict.
Related charges: assault in Missouri, Missouri gun charges, and burglary. Often charged with robbery.
FAQ
Armed criminal action questions
Is armed criminal action a felony in Missouri?
Yes. It is an unclassified felony under RSMo 571.015 with a range of 3 to 15 years for a first offense, served consecutively to the underlying felony.
Can you get probation for armed criminal action in Missouri?
Not for the first three calendar years. A person convicted of a first offense is not eligible for parole, probation, conditional release, or a suspended sentence during that period.
Does armed criminal action require a gun?
No. Any deadly weapon or dangerous instrument can qualify, including ordinary objects used in a way capable of causing death or serious physical injury.
Is armed criminal action a dangerous felony?
Yes. It is included in Missouri’s definition of dangerous felonies, which generally require serving 85 percent of a prison sentence before parole eligibility.
Can armed criminal action be charged with a misdemeanor?
No. It requires an underlying felony. If the underlying charge is reduced to a misdemeanor, armed criminal action cannot stand.
See our weapons and firearm defense and assault defense pages, or call 573-638-8529.
Talk to us
The add-on count can carry the most time.
If you are charged with armed criminal action in Cole, Boone, Callaway, or elsewhere in Missouri, call before your next court date.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri weapons law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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