Theft Defense Lawyer in Overland Park

A theft conviction can jeopardize your liberty, quality of life, future plans, and career opportunities. If you find yourself in trouble for theft, now is the time to start asserting your rights and protect yourself. There are many different names for types of theft most people are familiar with: shoplifting, embezzlement, theft by deception, theft of mislaid property, theft of services, common scheme theft and the list goes on and on. In Kansas, nearly all of those types of theft are charged as simply "Theft" so if you end up with a conviction, the average employer won't be able to determine if you busted for stealing a candy bar from a gas station or a TV from your employer. Because of the nondescript way that most prosecutors charge theft it is important to do everything possible to keep such convictions from going on your record.

If you're under investigation for theft or if you have been arrested and charged with theft, retaining an aggressive theft criminal defense lawyer is imperative to help craft your defense. The theft lawyers at Roth Davies, LLC are dedicated to offering reliable representation and detailed legal counsel to clients that are charged with theft in Johnson County District Court or any Municipal Court in Johnson County. The theft criminal defense lawyers will fight skillfully to uphold your freedom, dispute the charges against you, and help keep your record clear.  

Roth Davies LLC proudly represents clients in Overland Park, Kansas, and throughout Johnson County. 

Understanding Theft Charges in Kansas  

Theft involves stealing or taking another person's property without the owner's consent. According to Kansas law, theft occurs when a person does any of these acts, with the intent to permanently deprive the rightful owner of the property, benefit, or use of their property or services: 

• Obtain or exercise unauthorized control over the property or services 

• Obtain control over property or services through threat or deception, or 

• Obtain control over stolen property or services while knowing that they were stolen. 

Examples of Theft 

Some common examples of theft crimes in Kansas include: 

• Stealing 

• Shoplifting 

• Embezzling money from a business or company 

• Looting 

• Misappropriating funds from an elderly parent's bank account 

• Obtaining property by false promises 

• Illegal use of credit or debit cards 

• Illegal diversion of funds 

• Purchasing or accepting stolen items 

• Threatening not to return someone's possession without compensation 

• Tricking another person into wiring funds 

If you or someone you know is facing theft accusations, you should get in touch with a dependable theft criminal defense lawyer immediately. Your legal counsel can review every detail of your case comprehensively and fully explain the nature and severity of your charges. When facing a theft charge, it can be vitally important that you not speak with law enforcement about the theft accusation. Now is not the time to try to explain your situation or try to "talk your way out of trouble."

Classification of Theft Charges 

Additionally, theft crimes in Kansas may be classified using the monetary value of the stolen item or services – involved in the crime. These include: 

Misdemeanor Theft: Misdemeanor theft is the lowest level of theft offense in Kansas. It involves stealing property or services valued at $1,500 or less.  In general, theft is a class A misdemeanor, repeat offenders may have their charges increased based on the number of prior convictions or the time frame in which multiple thefts occurred. There are special exceptions for multiple thefts occurring in a 72 hour period or thefts that were done with a "common scheme." These exceptions can lead to felony charges as opposed to misdemeanor theft charges.

Felony Theft: Felony theft involves stealing property or services valued at over $1,500, a firearm, or with previous theft convictions. However, felony theft may be classified into any of the following, depending on the value of the stolen item or service: 

• Severity Level 9 Felony – Property or service value between $1,500 and $25,000; firearm; property or service value between $50 and $1,500 with two or more previous theft convictions. 

• Severity Level 7 Felony – Property or service value between $25,000 and $100,000. 

• Severity Level 5 Felony – Property or service valued at $100,000 or more 

The burden of a theft charge can be devastating and may potentially jeopardize every aspect of your life and future. An experienced theft defense attorney can educate you about the possible penalties and ramifications of a theft accusation and help build your best defenses from the outset of the accusations.

Possible Penalties  

Depending on the dollar value of the stolen item or service, a theft conviction might result in any of these penalties and consequences: 

• Huge fines and court fees 

• Lengthy imprisonment (ranging from months, years, or decades) 

• A criminal record/history 

• Probation 

• Community service 

• Increased difficulty in getting public benefits, accommodation, education, or job 

• Increased difficulty in traveling abroad 

• Ineligibility for certain financial loans 

• Loss of the right to vote during elections 

• Loss of the right to own or carry a gun or firearm 

• Damage to professional and personal relationships. 

• Loss of scholarships or University acceptance. 

A strategic theft defense lawyer can identify possible defenses to your theft charges and help you avoid the far-reaching consequences of a criminal conviction.  In some instances, a lawyer that has experience dealing with theft cases can negotiate a restitution for a dismissal of the theft case or a lesser charge or punishment.

Examples of Theft Defenses 

Here are some of the legal defenses that your attorney can use to help fight your theft charges: 

• You borrowed the item and intended to return it to the rightful owner 

• Falsely accused of theft 

• Intoxication 

• Truth or ambiguity of the statement 

• Reasonable belief in the truth of threat (for extortion) 

• No intention to steal the property 

• Acted with the property owner's consent 

• Entrapment 

• You took the property under a good faith belief of having the right to take it. 

A reliable theft defense lawyer can determine the best defenses to fight your charges and represent you diligently at every phase of the legal process.  Every theft case is different and has its own set of controlling facts and circumstances, being honest and upfront with your theft defense lawyer can be the difference between a conviction and a solid defense.

Don’t Face Challenges Alone  

Defending your theft accusations without experienced representation and guidance is never advisable. If you're charged with shoplifting, theft or stealing, now isn't the time to try to go it alone. You have too much at stake to fumble your way through a theft charge unrepresented or with inadequate counsel. If convicted, you may be subject to lengthy incarceration, massive fines, a criminal record, and other social consequences. Therefore, when charged with a theft crime, you need to hire a highly-skilled criminal defense lawyer immediately to protect your rights and help build your defense. 

The attorneys at Roth Davies LLC enjoy protecting individuals wrongfully charged with theft from the worst-possible penalties. As your legal team, they can investigate every detail of your case and help craft a solid defense to fight your charges. In addition, the team will help you navigate the Kansas criminal justice system, fight for your rights, and increase your chances of a brighter tomorrow.