KANSAS CITY, KANSAS FELONY THEFT PENALTIES & DEFENSES

Theft becomes a felony in Kansas when you take:

• property or services;
• of $1500 or more;
• intending to permanently deprive someone.

"Taking" under Kansas statute can mean obtaining or exerting control over something even if you weren't the person who stole it.  If the person, or business, alleges that there was no force but there was deception or fraud, and that is how you got possession or control, then you may be charged with felony theft. 

Kansas has stiff penalties for these crimes, as follows:

• Property or services of the value of $100,000 or more is a severity level 5, nonperson felony - 31 to 136 months (nearly 2 to 11 years) of imprisonment;
  

• Property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony - 11 to 34 months (nearly 1 year to almost 3 years) of imprisonment;

• Property or services of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony - 5 to 17 months (1/2 a year to 1 1/2 years) imprisonment; and
• Property regardless of the value from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony - 5 to 17 months (1/2 a year to 1 1/2 years) imprisonment.

Remember: Exactly where you land on the Kansas sentencing grid will depend on your specific circumstances (ex. prior criminal history, aggravated circumstances, etc.).

One more thing. If you have been convicted of any two thefts in the past, an additional misdemeanor theft will escalate to a level 9 felony automatically. 

Typically felony theft charges involve scrap metal, retail/clothing stores, equipment, cars, checks and theft from employers. However, there are many other things that may be involved. Regardless of the allegations against you, you do have defenses to Kansas felony theft. Here are some:

• Owner of the property;
• No fraud or deception;
• False allegations;
• No intention to permanently deprive (ex. borrowing);
• No services received or contract dispute not theft;
• Misrepresentation of facts by alleged victim;
• Mistake in facts, etc.

Just because you were arrested doesn't mean the case against you is open-and-shut. You should seek the advice of a lawyer immediately. The long-term consequences for these charges are many. This office offers free consultations. Call today (913) 602-7288. Credit cards and payment plans are accepted.