KANSAS THEFT CRIMINAL DEFENSE LAWYER
The charge of theft is actually includes many different acts. That is because Kansas law defines it broadly. Generally this charged is based on the common sense understanding that you cannot take or keep what is not yours or not paid for. This covers both someone else's property or service. The examples of this are many, such as:
- Dine-and-dashing
- Stealing gas
- Shoplifting from retail stores (ex. Wal-Mart, Target, malls, etc.)
- Unauthorized use of credit or debit cards
- Borrowing an item and refusing to return it (ex. car)
- Theft from an employer (if money you will likely be facing embezzlement)
- Changing tags on items in stores
- Forging or writing bad checks (may be charged under Worthless Check statute), etc.
KANSAS CITY, KS THEFT DEFENSES
THEFT PENALTIES - Kansas charges theft as both misdemeanors and felonies. That means you can be potentially facing a twelve months of jail time (for Class A misdemeanors) to 136 months in prison. It depends on the specific details in your case what you will be charged with.
DEFENSES TO THEFT
Depending on your exact charges you may have any one of the following defenses available:
DEFENSES TO THEFT
Depending on your exact charges you may have any one of the following defenses available:
- Lack of culpable mental state
- Lawful rights to property
- Misidentification
- Mistaken facts, and more.
THEFT DEFINED - KANSAS STATUTE
(a) Theft is any of the following acts done with intent to permanently deprive the owner of the possession, use or benefit of the owner's property or services:
(1) Obtaining or exerting unauthorized control over property or services;
(2) obtaining control over property or services, by deception;
(3) obtaining control over property or services, by threat;
(4) obtaining control over stolen property or services knowing the property or services to have been stolen by another; or
(5) knowingly dispensing motor fuel into a storage container or the 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.
(b) Theft of:
(1) Property or services of the value of $100,000 or more is a severity level 5, nonperson felony;
(2) property or services of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony;
(3) property or services of the value of at least $1,500 but less than $25,000 is a severity level 9, nonperson felony, except as provided in subsection (b)(7);
(4) property or services of the value of less than $1,500 is a class A nonperson misdemeanor, except as provided in subsection (b)(5), (b) (6), (b)(7) or (b)(8);
(5) property of the value of less than $1,500 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;
(6) property of the value of at least $50 but less than $1,500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, excluding any period of imprisonment, been convicted of theft two or more times;
(7) property that is a firearm of the value of less than $25,000 is a severity level 9, nonperson felony; and
(8) property that is mail of the value of less than $1,500 from three separate locations 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.
(c) As used in this section:
(1) “Conviction” or “convicted” includes being convicted of a violation of K.S.A. 21-3701, prior to its repeal, this section or a municipal ordinance which prohibits the acts that this section prohibits;
(2) “mail” means a letter, postal card, package or bag sent through the United States postal service or other delivery service, or any other article or thing contained therein;
(3) “regulated scrap metal” means the same as defined in K.S.A. 50-6,109, and amendments thereto;
(4) “remote service unit” means the same as defined in K.S.A. 9-1111, and amendments thereto, and includes, but is not limited to, automated cash dispensing machines and automated teller machines; and
(5) “value” means the value of the property or, if the property is regulated scrap metal or a remote service unit, the cost to restore the site of the theft of such regulated scrap metal or remote service unit to its condition at the time immediately prior to the theft of such regulated scrap metal or remote service unit, whichever is greater.
ATTORNEY T. MORTON
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
7500 College Blvd., Suite 500
Overland Park, KS 66210 (by appointment only)
Phone: 913.602.7288
Fax: 913.624.3311
Google Map Link
Serving Johnson County District Court in Kansas City, Kansas.