FAQs
Q. HOW ARE CRIMINAL OFFENSES CLASSIFIED AND WHAT ARE THE POSSIBLE
PUNISHMENTS?
Q. WHY WOULD I CHOOSE TO USE A REAL ESTATE ATTORNEY INSTEAD OF
A REAL ESTATE AGENT?
Q. HOW ARE CRIMINAL OFFENSES CLASSIFIED AND WHAT ARE THE POSSIBLE
PUNISHMENTS?
Offenders are classified as follows:
First Time Offender- one who has NEVER pleaded guilty or been
found guilty of any felonies.
Prior Offender- One who has pleaded guilty or been found guilty
of ONE felony.
Persistent Offender- One who has pleaded guilty to or has been
found guilty of TWO or more felonies committed at different times.
Dangerous Offender- One who (1) is being sentenced for a felony
during the commission of which he knowingly murdered or endangered
or threatened the life of another person or knowingly inflicted
or attempted or threatened to inflict serious physical injury
on another person; and (2) has pleaded guilty to or has been
found guilty of a Class A or B felony or a dangerous felony.Offense
Level First Time Offender and Prior Offender Persistent Offender
and Dangerous Offender
Class A Felony 10 - 30 years or life 10-30 years or life
Class B Felony 5 - 15 years 5-30 years
Class C Felony 1 day - 7 years; up to $5,000 fine 1 day - 20
years
Class D Felony 1 day - 5 years; up to $1,000 fine 1 day - 10
years
Class A Misdemeanor 1 day - 1 year; up to $1,000 fine N/A
Class B Misdemeanor 1 day - 6 months or up to $500 fine N/A
Class C Misdemeanor 1 day - 15 days or up to $300 fine N/A
Q. WHY WOULD I CHOOSE TO USE A REAL ESTATE ATTORNEY INSTEAD
OF A REAL ESTATE AGENT?
There are two simple factors that should cause you to utilize
an attorney to assist you in selling, purchasing and closing
the sale of real property.
First, an attorney can assist you in
every step of the real estate transaction. For example, a real
estate agent cannot advise
the public on their rights regarding contract law, interpret
legal documents or provide an opinion regarding an owner’s
title. In Missouri, a real estate agent is limited to the use
of sale contracts previously approved by the Missouri Real Estate
Commission or a private attorney. A dispute over earnest money
or existing liens may require an attorney to resolve them. If
an attorney is retained at the inception of a real estate sale,
all such problems can be handled as they arise and may possibly
be prevented in the first place.
Second, and perhaps most importantly,
price is a factor. A typical real estate closing involving
agents results in 7% of the total
sale price being paid out in commissions! Most attorneys can
provide legal advice on the sale, provide contracts and other
legal documents and even assist in closing the sale for a fraction
of that cost. The peace of mind in knowing whatever may arise
can be handled by your real estate attorney could be worth more
than their bill. Remember, the “golden rule” in real
estate is to get more for less money.
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