An armed criminal action charge in Missouri is often added to another criminal charge. When you understand what the law means, how it’s applied, and what defenses might be available, you’ll better understand why it’s so important to work with a knowledgeable criminal defense attorney to protect your rights.
The Missouri Armed Criminal Action Statute
Armed criminal action (ACA) is committing any felony while using, being armed with, or displaying a dangerous instrument or deadly weapon. In short, ACA isn’t a stand-alone offense—you can’t be charged with it by itself. It’s an additional charge filed when prosecutors accuse someone of committing another felony, such as robbery, assault, or drug trafficking, while armed.
To convict someone of armed criminal action, prosecutors must prove three main elements:
- Someone committed or attempted a felony
- Someone used, displayed, or had a deadly weapon readily available during the felony
- The person accused was aware of having or using the weapon while committing the felony
Prosecutors have to prove each of these three things beyond a reasonable doubt. For example, simply being near a weapon may not be enough for a conviction if there’s no evidence that you used it or had control over it.
What Counts as a “Deadly Weapon” or “Dangerous Instrument”?
A “deadly weapon” is something that’s capable of causing death or serious physical injury. This includes “any firearm, loaded or unloaded, or any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged, or a switchblade knife, dagger, billy club, blackjack or metal knuckles.” A “dangerous instrument” is a broader term. It includes any object that can be used to cause death or serious injury. That could include a baseball bat, a vehicle, or even a bottle.
This wide definition gives prosecutors flexibility, but it can also lead to gray areas. A defense lawyer can challenge whether the object in question actually qualifies as a dangerous instrument under the circumstances.
Penalties for Armed Criminal Action
The penalties for armed criminal action depend on the circumstances and whether the person has prior ACA convictions. Generally, if convicted, you will serve a minimum of three to 30 years. Because the statute prohibits suspended sentences or probation for the mandatory minimum period, judges have limited flexibility. Even a first-time offender who has never been in trouble before can face years in prison.
The ACA sentence runs in addition to the sentence for the underlying felony. For example, if someone is convicted of armed robbery and armed criminal action, they’ll receive two separate sentences. The court has discretion to run those sentences concurrently or consecutively, but even concurrent sentences still include the mandatory minimum for ACA.
This “penalty stacking” is one reason ACA charges are so serious. Defense strategies often focus on challenging whether you used a weapon or the connection between the weapon and the alleged felony.
Common Defenses to Armed Criminal Action Charges
Every case is unique, but several defenses are common in ACA cases:
- No weapon use or possession: If the state can’t prove that you used or controlled a weapon during the felony, ACA doesn’t apply.
- Lack of intent or knowledge: The prosecution must prove that you knew about the weapon and intentionally used or carried it during the felony.
- Self-defense: If you used a weapon lawfully to protect yourself or someone else, that may be a defense.
- Lack of evidence: The underlying felony itself must be proven beyond a reasonable doubt. If that charge fails, the ACA charge fails too.
Talk to Our Skilled Criminal Defense Team Today
Travis Noble, P.C., defends people charged with armed criminal action and related felony offenses throughout Missouri. Call our law firm to discuss your case today.