Theft Lawyer Braymer, MO

Theft Lawyer in Braymer, MO. If someone accuses you of theft in Braymer, MO, you need to act immediately. Within days, you can be arrested, interrogated, and charged with breaking the law. If you’re alone, it can feel like an impossible fight.

Combs Waterkotte is prepared to fight for you. Your Braymer, MO, theft lawyer from Combs Waterkotte will listen to your story, research your case, and build a strong defense. We don’t settle for a ‘good enough’ defense – we will always be honest with you and tell you what the best next step is for your case.

Page Overview:

Today, you will learn about:

• What constitutes stealing in Braymer, MO
• 7 steps to take after a theft arrest
• Why it’s important to contact a theft attorney immediately
• The different classifications of stealing in Braymer, MO
• Stealing charges that don’t fit under Missouri’s main theft law
• Possible approaches your theft lawyer might use in your defense
• Why Combs Waterkotte is Braymer’s leading defense firm
• Getting started crafting your defense now

What is a Theft Crime in Braymer, MO?

For a definition of theft in Braymer, you’ll want to look at § 570.030 RSMo. It gives three definitions for what counts as stealing in Braymer, MO:

1. Taking something that isn’t yours from its rightful owner — this could be without their knowledge, through trickery, or through threats.
2. Trying to take anhydrous ammonia or liquid nitrogen that does not belong to you, whether or not you succeed.
3. Selling or keeping goods you know are stolen.

Theft charges can be either misdemeanors or felonies depending on several factors, which you can read about more detail below. For any larceny accusations, though, you need to call a Braymer, MO stealing charges lawyer to look for weaknesses in the case against you.

Why You Need to Treat Theft Charges in Braymer, MO, Differently

There are two things that set apart theft allegations in Braymer, MO: What was stolen and how it was allegedly done.

In § 570.030 RSMo, Missouri names several specific items and categorizes them into penalty categories. The value of the item can also play a factor.

Defensive tactics can draw on either the item, the method, or both: Sometimes, your criminal defense attorney will contest whether the supposedly stolen property qualifies for enhanced penalties or not. Other times, your lawyer may argue that you were unaware and did not intend to commit theft.

Potential penalties are also affected by prior convictions (especially for other larceny offenses).

Is Shoplifting Included in § 570.030 RSMo?

Missouri uses the same law (§ 570.030 RSMo) to define both shoplifting and most other forms of theft.

Shoplifting, sometimes referred to as “retail theft,” is the stealing of merchandise from a store during regular business hours. There are many forms that people use when committing shoplifting. One example is gathering items to check out from a store, but trying to sneak some out without scanning them.

Some other states have dedicated shoplifting laws. Related to shoplifting is “flash mob theft,” where a group of shoplifters attacks a store en masse in an attempt to overwhelm staff.

What to Do if You’ve Been Accused of Stealing

If you’ve just been arrested for stealing in Braymer, MO, you’re probably feeling a lot of stress. Most people don’t know what to do, but if you take the right steps, you can lay the foundation for your future defense. Stay silent, reach out to your attorney, and gather anything you think would help your lawyer.

Follow these steps to protect yourself:

1. Exercise Your Right to Remain Silent — You cannot be forced to testify against yourself: Invoke the Fifth Amendment and stay silent.
2. Call Your Lawyer — In addition to the right to remain silent, you have the right to an attorney. Contact one as quickly as possible.
3. Comply With Pretrial Release Conditions — If you are granted pretrial release, it’s important to obey all requirements.
4. Be Honest With Your Attorney — You don’t need to hold back when talking with your lawyer. They can help you best if they know everything.
5. Research the Law — While Missouri state law can be opaque, your lawyer can break it down into plain English.
6. Search for Evidence — Look for anything that can help your defense, and send it to your defense team.
7. Create a Defense Plan — Taking into account your story, your record, and the evidence, you can work with your attorney to decide on a strong defensive plan.

The Reasons You Need a Leading Braymer, MO, Theft Lawyer

Your theft defense attorney plays a key role in protecting your rights. Whatever stage you’re at in the criminal justice process, it’s essential to have a lawyer at your side, guiding you through it.

Your rights get an added layer of protection when you work with an attorney:

Don’t try to fight these charges alone. A lawyer from Combs Waterkotte can help you find the best outcome possible. Call now to craft your defense: (314) 900-HELP

Misdemeanor vs. Felony Theft Charges in Braymer, MO

A theft accusation could be either a misdemeanor or a felony depending on several factors. In general, the higher the value of the supposedly stolen property, the more serious the accusation. § 570.030 RSMo lists out the below penalty classes for specific forms of theft in Braymer, MO:

Class A Felony Theft:

• Steal anhydrous ammonia, specifically within a storage container.

Class B Felony Theft:

• Stealing or attempting to steal anhydrous ammonia or liquid nitrogen.
• Stealing livestock over $3,000 in value, if you have previously been convicted of livestock theft.
• Stealing livestock over $10,000 in value, with or without a prior conviction.
• Stealing a vehicle, in cases where the accused has had two separate and unconnected theft-related convictions in the last 10 years.
• Stealing money from a financial institution by physically trying to take it from a worker.
• Stealing over $10,000 worth of property as part of an organized retail theft.

Class C Felony Theft:

• Stealing or stealing from an ATM.
• Stealing $750 or more worth of property, but less than $10,000, as part of a shoplifting ring.
• General theft of property or services worth more than $25,000.

Class D Felony Theft:

• Stealing something the alleged victim was currently carrying or holding.
• The item stolen was:
  • A car, boat, or airplane.
  • A will.
  • A credit or debit card.
  • A gun.
  • An explosive.
  • A United States national flag for public display.
  • An original copy of a Missouri legal bill.
  • A court document.
  • A voter registration book.
  • Live fish, raised for sale, with a value of $75 or more.
  • Captive wildlife held under permit.
  • Drugs.
  • Ammonium nitrate.
  • Power, phone, or fuel lines.
  • Anything to be used in the creation of methamphetamine.
• General theft of property or services worth $750 or more.

Class E Felony Theft

• Stealing an animal.
• Stealing a catalytic converter.
• Stealing anything with at least three prior theft-related convictions within 10 years, on separate occasions.
• Stealing mail from someone’s mailbox.

Class D Misdemeanor Theft

• Stealing property that fits none of the above categories, is worth less than $150, and the alleged offender has no prior theft convictions on their criminal record.

For charges of theft that don’t fit into the above categories, theft is classified as a class A misdemeanor.

Theft-Related Charges and Their Penalties

General larceny is covered under § 570.030 RSMo in Braymer, MO, but some specific subtypes of theft are given their own statutes. For example, embezzlement is a form of stealing in which the supposed offender had legitimate access to the money. This is different from general theft, which normally presumes the supposed offender did not have prior access.

Burglary

Missouri defines burglary as breaking into a building when you aren’t allowed to be there, and intending to commit a crime. It’s normal for a burglary to be in service of a theft, but not guaranteed.

Robbery

Robbery is a particular kind of theft, where one person uses force or threats to coerce another person into giving away their valuables. In Braymer, MO, If a weapon was used, a victim was hurt, or the supposed perpetrator made violent threats, the crime would count as robbery.

Embezzlement

What sets embezzlement apart from other forms of stealing is how the supposed offender gained access to the property: If they already had legitimate access, it is considered embezzlement. If not, it’s considered another type of theft.

Identity Theft

Identity theft is a particular kind of theft that involves stealing someone else’s identity, or manufacturing a fake one. To be found guilty of identity theft in Braymer, MO, though, you need to have taken someone’s ID and intended to use it to steal something of value.

Credit Card Fraud

Credit card fraud isn’t just one activity in Braymer, MO. It could be stealing and using someone else’s credit card without permission, using false information on an application for a debit card, or continuing to use a card after it has been revoked.

Theft-Related Offenses: Penalties Table

Whatever you’re up against, our stealing charges lawyers are ready to defend you. We’ve put together a comprehensive guide to theft crimes in Missouri where you can learn more about these charges.

Effective Defenses Against Stealing Charges

Theft, stealing, and larceny charges can be defended using unique strategies like claim of right or ownership, and through more universal defenses like necessity and mistaken identity. Your attorney will research your case and listen to your story, then build a defense based on a tactic like the ones below:

• Claim of Right — Claim of right is most applicable in cases involving borrowed or rented property; when you had permission to use an item, but it wasn’t yours.
• Actual Ownership — Taking an item is only theft if you didn’t own it. If you did, this can be your defense.
• Perceived Ownership — If you have strong records to show your honest belief that you owned an item, this can be used to deny that you had intent to commit theft.
• Lack of Intent — It’s possible that you took something that didn’t belong to you by accident; in that case, you did not have any intent to steal.
• Necessity — A theft charge may be eligible for a necessity defense. For example, if you came across someone dying of thirst, stealing water may be excused as necessity (depending on the specific circumstances).
• Alibi — An alibi shows that the alleged offender was elsewhere at the time of the offense and could not have committed it.
• Mistaken Identity — If you were misidentified, your lawyer can challenge the lineup procedure and work to introduce doubt.
• Lack of Evidence — In some cases, the prosecution fails to provide proof beyond a reasonable doubt, and the defense attorney can highlight this.
• Evidentiary Issues — If key evidence was obtained illegally or did not follow chain of custody rules, it can be challenged and thrown out.

Fighting a case requires more than just the right defensive strategy. It also takes a larceny defense attorney who knows how to use it. At Combs Waterkotte, we’re prepared to explore every option to defend against your charges.

What Sets Combs Waterkotte’s Theft Defense Lawyers Apart

Our firm is ready to take your case. It doesn’t matter what you’re accused of, what the evidence is, or where you’re at in the justice process. You need an experienced Braymer, MO, theft lawyer, and we are ready for your call.

When you work with us, you’re taking advantage of the following benefits:

• Drawing on former experience as a district attorney, we can expertly evaluate the case against you.
• We keep our phones online 24/7 if you have a question or need an update on your case.
• We won’t settle for a sub-par plea deal. If your case goes to trial, we’ll be ready.
• Our former clients have given us over 500 five-star reviews.
• Our lead investigator is a former police officer who can look for evidentiary weaknesses.

Your rights aren’t something to be ignored. Combs Waterkotte will fight for you, protect you, and help you navigate the legal system in Braymer.

Talk to Your Braymer, MO, Theft Lawyer Now

The prosecutor’s office isn’t looking to take it easy on you. The defense you build now could make all the difference for your life. When you call Combs Waterkotte, we’re committed to protecting you from negative outcomes.

Call a theft lawyer in Braymer, MO, today by calling (314) 900-HELP or contact us online to set up a no-strings consult with one of our team members.