Theft Lawyer Excelsior Estates, MO

Theft Lawyer in Excelsior Estates, MO. Theft crime charges can be some of the most serious in Excelsior Estates, MO. Even a non-violent theft charge can be a serious felony. Without help, you might feel hopeless.

Combs Waterkotte is ready for your call. Your Excelsior Estates, MO, theft lawyer from Combs Waterkotte will help you understand the charges against you 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:

Below, you can read about:

• Missouri’s main theft statute
• Your next steps after a larceny arrest
• The role that a defense attorney plays in your case
• What makes a larceny charge a felony vs. a misdemeanor
• Stealing charges that don’t fit under Missouri’s main theft law
• Strategies your theft defense lawyer may use
• What sets the criminal defense attorneys at Combs Waterkotte apart
• How to get started building your defense today

How Does Excelsior Estates, MO, Define Theft?

The key theft statute you need to know about in Excelsior Estates, MO, is § 570.030 RSMo. It sets three possible conditions for larceny in Excelsior Estates:

1. Depriving another person of their lawful property (including through deception or threats).
2. Trying to take anhydrous ammonia or liquid nitrogen that does not belong to you, whether or not you succeed.
3. Receiving and/or selling stolen property.

Theft charges can be either misdemeanors or felonies depending on several factors, which we will cover in more detail below. For any larceny accusations, though, it’s essential to contact a Excelsior Estates, MO stealing charges lawyer to look for weaknesses in the case against you.

What Sets Excelsior Estates, MO, Theft Charges Apart?

There are two things that set apart theft allegations in Excelsior Estates, MO: The stolen item and what the perpetrator supposedly did to take it.

The specific consequences you could be facing depend on the type of property that was supposedly taken. The value of the item can also play a factor.

Your defense strategy might focus on the supposed method of theft, or on the item itself: In some cases, your criminal defense attorney will show evidence that the allegedly stolen property is of a lesser value than the prosecution is stating. Other times, your defense could hinge on whether or not you had permission to use the item.

Theft crime penalties in Excelsior Estates, MO, are also affected by the defendant’s criminal record.

Does § 570.030 RSMo Include Shoplifting?

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

Shoplifting, also known as “retail theft,” is when a person allegedly steals merchandise from a store while it is open. There are several different forms of shoplifting: One example is switching the price tags on two items to reduce how much you have to pay.

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.

Accused of Theft in Excelsior Estates, MO? Take These 7 Steps

Theft arrests in Excelsior Estates, MO, can move fast, but stay calm. It’s normal to feel overwhelmed at first, but if you take the right steps, you can position yourself well for your lawyer to help. Avoid talking with police, reach out to your attorney, and collect evidence that can support your defense.

Follow these steps to prepare for your defense:

1. Plead the Fifth — The Fifth Amendment gives you the right to remain silent. Politely but firmly tell any investigators that you are invoking this right.
2. Call Your Stealing Charges Lawyer — Don’t try to face investigators alone; exercise your right to an attorney as soon as possible.
3. Comply With Pretrial Release Conditions — If you are given pretrial release, obey any conditions set by the court.
4. Be Honest With Your Attorney — Your attorney is on your side, and the more they know, the better.
5. Research Your Case — Work with your attorney to get a better understanding of the law and the potential consequences.
6. Search for Evidence — Evidence can help your Excelsior Estates, MO, theft lawyer show reasonable doubt.
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 Role of Your Excelsior Estates, MO, Theft Lawyer

Without an attorney, you’re trying to take on the Excelsior Estates, MO, justice system alone. With an experienced theft lawyer, you’re getting insights and support every step of the way.

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

Don’t try to fight these charges alone. Combs Waterkotte’s theft defense team is ready for your case. Contact our team now to start building your defense: (314) 900-HELP

Misdemeanor vs. Felony Theft Charges in Missouri

There are lots of things that can change the criminal class of an alleged theft. For the most part, you’re in more danger if you have prior theft convictions, and/or if the value of the supposedly taken property is higher. Below is a breakdown of why a theft accusation could fit into a given category:

Class A Felony Theft:

• Steal anhydrous ammonia, specifically within a storage container.

Class B Felony Theft:

• General theft and attempted theft of anhydrous ammonia or liquid nitrogen.
• Stealing livestock over $3,000 in value, with a prior livestock theft conviction.
• Stealing livestock over $10,000 in value, regardless of criminal record.
• Stealing a vehicle, with at least two prior theft-related convictions within 10 years, on separate occasions.
• 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 a shoplifting ring.

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 an organized retail theft.
• 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.
• Any alleged thefts wherein the supposed offender has had three prior stealing convictions, on separate occasions, within the last 10 years.
• Stealing mail from someone’s mailbox.

Class D Misdemeanor Theft

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

In any other cases, theft is considered a class A misdemeanor.

Similar and Related Charges Your Excelsior Estates, MO Theft Lawyer Can Help You Fight

While § 570.030 RSMo is the main theft statute in Excelsior Estates, MO, there are several other statutes dedicated to either specific types of theft or related charges. For example, robbery is more likely to be charged separately given the seriousness of the accusation.

Burglary

In Excelsior Estates, MO, burglary is considered trespassing with the intent to break another law. It’s normal for a burglary to be in service of a theft, but not guaranteed.

Robbery

Robbery is the term used for violent theft. In Missouri, for a crime to count as robbery, the alleged victim must have been threatened/hurt, or a weapon is involved.

Embezzlement

Embezzlement is typically a white-collar crime. Instead of a person taking property that wasn’t theirs from another, under embezzlement, a person who has legitimate access to valuables misuses them.

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 Excelsior Estates, 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 covers a wide range of actions in Excelsior Estates, MO, including misusing a credit card (often fake or cancelled ones), and lying on credit card applications.

Theft-Related Offenses: Penalties Table

Whatever you’re up against, our stealing charges lawyers are ready to defend you. In the meantime, you can review our total guide to theft charges in Missouri to learn more.

Possible Defenses to Stealing Accusations in Excelsior Estates, MO

If you’re facing a theft charge in Excelsior Estates, MO, you need a proven defensive strategy to protect your freedom. Working with the right defense attorney means that you’ll get expert advice on how to approach your defense:

• Claim of Right — Claim of right applies when the alleged offender believed they had permission to take the property.
• Actual Ownership — Ownership of an item precludes you from being able to steal it.
• Perceived Ownership — Perceived ownership defenses can occur if a person honestly believed they had ownership rights of something, even if they didn’t. This can be challenging to prove.
• Lack of Intent — Part of the prosecution’s job is to prove you intended to steal an item. If we can disprove that, lack of intent is a valid defense strategy.
• Necessity — Necessity can be used to excuse what is normally a criminal action. For theft, this might look like stealing a jacket from a store in order to survive snowy weather.
• Alibi — An alibi is a strong defense that can be used even before trial to push back against prosecution.
• Mistaken Identity — Grainy security footage can be hard to interpret. It’s possible that the wrong person was accused.
• Lack of Evidence — At the end of the day, it’s on the prosecution to prove that you’re guilty. If their case is weak, your attorney will demonstrate 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.

Why You Want to Work With an Expert Excelsior Estates, MO, Theft Lawyer From Combs Waterkotte

Some attorneys will offer their clients the first plea deal they can find without pushing for better. Not Combs Waterkotte. We’re dedicated to finding the best outcome for your particular situation, whatever that looks like.

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 are client-centered, and always have a team member available.
• We won’t settle for a sub-par plea deal. If your case goes to trial, we’ll be ready.
• We are known for providing high-quality service.
• Our lead investigator is a former police officer who can look for evidentiary weaknesses.

When your freedom is on the line, you need experienced, knowledgeable legal help. Combs Waterkotte can provide you with just that.

Start Building Your Theft Defense Today

Theft charges shouldn’t be taken lightly. If you don’t battle for your freedom, it could disappear. Combs Waterkotte is prepared to listen to your story and build your defense.

Contact a theft lawyer in Excelsior Estates, MO, today by calling (314) 900-HELP or send us a message to plan a no-strings consult.