If you have been charged with theft, you were probably scared, embarrassed, or confused at the time of your arrest. You can rely on Stolte Law, LLC to help you navigate the criminal justice system. Whether we accept a plea or take your case to trial, the first phase of the case is always to review the evidence, examine defenses, and promote the best course of action in your particular set of circumstances.
HOW IS THEFT DEFINED IN THE STATE OF KANSAS?
Under the statute, theft is any one of the following acts done with the intent to permanently deprive the owner of the possession, use, or benefit of the owner's property or services:
- obtaining or exerting unauthorized control over property or services;
- obtaining control over property or services by deception;
- obtaining control over property or services by threat;
- obtaining control over property or services, knowing the property or services to have been stolen by another; or
- knowingly dispensing motor fuel into a storage container or fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment for the motor fuel.
A CONVICTION FOR THEFT CAN HAVE A SERIOUS IMPACT ON YOUR LIFE
A theft case can range from a misdemeanor charge in a municipal court to a felony with a lengthy prison term. The least severe charge carries a possible penalty of up to one year in jail. If the value of the item is over $1,500.00, or if you have prior theft convictions, the charge could be a felony and the possible penalty increases greatly.
TOP 3 THINGS TO KNOW ABOUT THEFT CHARGES IN KANSAS
- What are the penalties for theft? The penalties for theft depend on a number of factors. First, if the value of the items taken were less than $1,500, the charge is a misdemeanor with a maximum possible penalty of up to one year. If the value was more, the charge is a felony and could result in several years in prison. The criminal history of the offender also makes a difference. If he or she has been convicted of theft two or more times in the preceding five years, the offense could also be charged as a felony. Thirdly, even if the item's value is less than $1,500, but the offense is part of a larger scheme with three or more thefts from retails stores within 72 hours, it could also be charged as a felony.
- What if the items are returned? In many cases, a person is caught attempting to take things from a store. When that happens, the items are generally returned in good condition and they go back on the shelf. But, because the Kansas theft statute focuses on the intent to "permanently deprive the owner" of goods or services, whether the items are returned is of little consequence in a criminal case.
- You could face a civil suit as well as a criminal case. Kansas law permits merchants to file a civil suit against anyone who shoplifts from their stores. The amount of civil penalty depends on the value of the items taken and whether the items were recovered in good condition.
THEFT CHARGES HANDLED BY STOLTE LAW, LLC INCLUDE:
- Theft of items or services
- Theft by deception
- Theft by threat
- Theft of a firearm
- Obtaining control over stolen property
- Theft of mislaid property
- Criminal deprivation of property
- Giving a worthless check
- Criminal hunting
CONTACT A KANSAS THEFT ATTORNEY
Call Attorney Adam D. Stolte at 913-575-8823 if you have questions about your theft charges.