Petty Theft Lawyer in St. Louis

Petty Theft Crimes: A Brief History

Once called “larceny,” theft could be either a felony or a misdemeanor under previous common law statutes. The dividing line was set by the value of the property involved in the offense. Stealing valuable property was classified as “grand theft,” using the French term for “large.” Grand theft was punished as a felony, subject to imprisonment.

On the other hand, stealing less valuable property was called “petit theft,” using the French word for “small.” This term was preserved over the centuries, although “petit” was anglicized to “petty.” The law punished petty theft as a misdemeanor.

Today, Missouri law does not distinguish between grand and petty theft. Instead, it has a single offense of “stealing” that covers all crimes where someone is accused of taking someone else’s property without permission or through fraud.

Petty Theft Under the Missouri Revised Statutes

While the Missouri Revised Statutes do not have different offenses based on the value of the property, the penalties you can face do depend on the property’s value. Thus, you could be convicted of stealing either a car or an apple, but your attorney can fight for a lower penalty for the theft of an apple due to its value.

Take a closer look at the different scenarios that could qualify as stealing under these statutes and what role the value of the property in question plays.

Stealing, Fraud, and Coercion in St. Louis

Under Missouri law, stealing happens in the following situations:

• Appropriating the property or services of another without their consent
• Appropriating another’s property or services using deceit or coercion
• Attempting to take anhydrous ammonia or liquid nitrogen without consent or using deceit or coercion
• Disposing of property while knowing or believing it has been stolen

The first notable feature of Missouri’s stealing statute is that it covers theft by appropriation without permission, or using fraud or coercion. For example, the accused might take something without the possessor’s knowledge or take something after the possessor expressly denies permission. While both of these scenarios might involve stealing, they do not require fraud or coercion.

Instead, fraud happens when the possessor gives the property to the accused or gives their permission for it to be taken due to a factual misrepresentation. For example, petty theft by deception might happen if you ring a bell next to a Salvation Army collection container, even though you intend to keep any donations you receive. The donors willingly contributed in this case, but only due to false pretenses.

Similarly, coercion occurs when the accused pressures the possessor to give up the property using threats such as:

• Committing a crime
• Injuring the victim or someone else
• Accusing the victim of a crime
• Exposing the victim to public hatred or ridicule
• Harming the victim’s credit or commercial reputation
• Inflicting any other harm against the victim that would not benefit the accused

These scenarios are commonly referred to as blackmail or extortion.

The Role of the Property’s Value in Petty Theft

The term “petty theft” is not used in the stealing statute. However, two value thresholds allow the offender to seek less severe penalties, regardless of whether the property was taken without permission or using deceit or coercion.

First, taking property valued at less than $750 is typically treated as a Class A misdemeanor in Missouri. Second, taking property with a value of less than $150 is treated as a Class D misdemeanor if the accused has no prior stealing offenses.

To value the property, the court first looks at the fair market value at the time and place of the offense. If the court cannot determine the fair market value, the court uses the replacement cost. Finally, if the victim is a merchant, the “value” is the selling price of the property.

Keep in mind that some types of property or offenses carry harsher penalties, regardless of the value. For example, stealing an animal is a Class E felony, even if its value is under $750. Similarly, stealing a controlled substance is generally a Class D felony, regardless of the amount or value.

Possible Defenses to Petty Theft in St. Louis, MO

Our lawyers may leverage several criminal defense strategies in your petty theft case to secure the best possible outcome. Your specific defenses will be tailored to your unique case, but some of the general options we employ include claim of right, lack of criminal intent, and alibi.

Claim of Right

According to Missouri law, you can assert a claim of right if you acted with the following honestly held states of mind:

• You had the right to take the property
• The owner would have consented to you taking the property

For example, suppose the wind blew your neighbor’s garbage cans into your yard. If you put them in your garage to protect them, you may have a claim-of-right defense.

Lack of Criminal Intent

The stealing statute requires the intent to deprive the possessor of the property permanently. This means your goal was to appropriate the property from the possession of the person or business that had it.

For example, suppose that you put a paintbrush into a bucket to carry it to the register at a hardware store, then forgot it was inside. If you get charged with shoplifting the paintbrush, you can assert that you lacked the intent to deprive the owner of the property because you merely forgot to pay.

However, you must persuade the judge or jury that your mistake was reasonable. If you failed to return to the store after you discovered the mistake, they can infer that you had the requisite intent. Conversely, if the store’s security guard stopped you before you found your mistake, you might have a defense.

Alibi

If no one knows who took the missing property but the police accuse you based on circumstantial evidence, we may be able to present an alibi that puts you at a different place during the alleged crime. This alibi typically comes from an eyewitness who saw you elsewhere.