Theft Lawyer in Higginsville, MO. You can’t underestimate Higginsville, MO, theft or larceny charges. The prosecution is building a case against you and won’t hold back. If you’re alone, it’s easy to feel lost.
Combs Waterkotte is prepared to fight for you. You need an experienced theft lawyer in Higginsville, MO, and you can find the right one in our firm. We don’t settle for a ‘good enough’ defense – wtih Combs Waterkotte, you’re getting a high-quality defense against all charges.
Charged with Theft in Higginsville, MO? Talk to a Lawyer Today
Don’t sit around while the state builds a case against you. Combs Waterkotte is available for your call — any time of day or night.
Start building your defense now by calling (314) 900-HELP or using our online contact form.
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Page Overview:
Today, you will read about:
- Missouri’s main theft statute
- What to do if you’ve been arrested for stealing
- What a theft lawyer will do to help
- What makes a larceny charge a felony vs. a misdemeanor
- Charges that are either related to theft or often charged alongside theft
- Strategies your theft defense lawyer may use
- Why Combs Waterkotte is Higginsville’s leading defense firm
- Getting started crafting your defense now
What is a Theft Crime in Higginsville, MO?
For a definition of theft in Higginsville, you’ll want to look at § 570.030 RSMo. It outlines different types of larceny in the state:
- Taking someone else’s property and not planning to give it back, either without their permission, by tricking them, or by threatening them.
- Trying to take anhydrous ammonia or liquid nitrogen that does not belong to you, whether or not you succeed.
- Selling or keeping goods you know are stolen.
The exact misdemeanor or felony class you’re facing depends on what was allegedly taken and how, which we will discuss in more detail below. For any larceny accusations, though, it’s essential to contact a stealing charges lawyer to discuss what you’re up against.
What Sets Higginsville, MO, Theft Charges Apart?
Theft charges in Higginsville, MO, are distinct for two reasons: The stolen item and what the perpetrator supposedly did to take it.
The stolen property could be anything from a firearm to an animal, and Missouri sets different penalties for certain specified items. The cost of the lost property can also play a role.
Each case is unique, and your lawyer will help you pick the best strategy for your case: 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.
Potential penalties are also affected by prior convictions (especially for other larceny offenses).
Is Shoplifting Included in § 570.030 RSMo?
§ 570.030 RSMo covers both traditional theft ans shoplifting in Higginsville, MO.
Shoplifting, also known as “retail theft,” is when a person allegedly steals merchandise from a store while it is open. The supposed perpetrator will often hide the item(s) while pretending to shop, then leave the store without paying for it. For example, a grocery customer might sneak a candy bar into their pocket and only pay for their other groceries when checking out.
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
Theft arrests in Higginsville, MO, can move fast, but stay calm. Most people don’t know what to do, but if you take the right steps, you can ensure that your rights are respected. Plead the fifth, reach out to your attorney, and gather anything evidence that has to do with your case.
Follow these steps to prepare for your defense:
- Remain Silent — The Fifth Amendment gives you the right to remain silent. Politely but firmly tell any investigators that you are invoking this right.
- Contact a Defense Attorney — Contact an attorney as soon as possible: It’s your right to have expert help for your case.
- Obey Release Conditions — If you are granted pretrial release, it’s important to obey all requirements.
- Be Honest With Your Attorney — Anything you tell your lawyer is protected by attorney-client confidentiality. Tell your defense attorney the full story.
- Research Your Case — Your lawyer can help you understand the statute(s) you’re accused of violating, and the potential penalties for a conviction.
- Gather Evidence — Look for anything that can help your defense, and send it to your defense team.
- Discuss Defense Strategies — Now that you understand the charges and can review the evidence, it’s time for you and your attorney to pick a defense plan.
How Your Theft Lawyer in Higginsville, MO, Will Help Your Case
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.
Here are places where the right attorney can make all the difference:
| Stage | Without a Lawyer | With a Lawyer |
|---|---|---|
| Interrogations | Police interrogation tactics are difficult to stand up to. | Your lawyer can stop the questioning or tell you how to answer. |
| Arraignment | You’ll be given the charges against you with minimal context and asked to make a plea. | You get someone who understands the legal jargon and can translate it for you. |
| Bail Hearing | You could be denied pretrial release. | You get someone arguing for reduced bail, and/or release on your own recognizance. |
| Legal Research | Missouri law can be difficult to interpret. | You can have a conversation with an expert about what the law means, and any precedents. |
| Pretrial Negotiations | You likely won’t have inroads to the prosecutor’s office. | A well-connected lawyer can leverage relationships for your plea deal. |
| Trial | You’ll be under the microscope and put in an unfamiliar position. | Your team will fight the prosecution in front of a jury. |
Get help against these charges now. An attorney from Combs Waterkotte can make all the difference. Contact our team now to craft your defense: (314) 900-HELP
Misdemeanor vs. Felony Theft Charges in Higginsville, MO
A theft accusation could be either a misdemeanor or a felony depending on several factors. For the most part, 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 Higginsville, MO:
- Stealing a storage tank or other container with any amount of anhydrous ammonia.
- General theft and attempted theft of 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, 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.
- 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.
- Stealing something the alleged victim was currently carrying or holding.
- The stolen property was:
- A motor vehicle.
- A will.
- A credit or debit card.
- A gun.
- An explosive weapon.
- A U.S. 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.
- 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.
- Stealing property that was not named above, is valued at less than $150, and the alleged offender does not have a criminal record including stealing related convictions.
In any other cases, theft is considered a class A misdemeanor.
Similar and Related Charges Your Theft Lawyer Can Help You Fight
Most theft charges in Higginsville, MO, are prosecuted under § 570.030 RSMo, but there are some exceptions. Burglary is a good example: Breaking into a home is burglary, but stealing a TV from it is theft. Thus, the two separate charges would likely both be filed.
Burglary
In Higginsville, MO, burglary is considered trespassing with the intent to break another law. This crime is often a form of theft, but not always.
Robbery
Robbery is the term used for violent theft. In Higginsville, MO, If a weapon was used, a victim was hurt, or the supposed perpetrator made violent threats, the crime would count as robbery.
Embezzlement
Embezzlement is when a person misuses funds that were not their own, but they were given control over. This is different from typical theft in that the alleged perpetrator had permission to access the money, but supposedly used it improperly.
Identity Theft
Identity theft is not always a form of physical theft, and instead can just involve the taking of another person’s identifying information, so that you could impersonate them. To be found guilty of identity theft in Higginsville, 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 Higginsville, MO, including misusing a credit card (often fake or cancelled ones), and lying on credit card applications.
Theft-Related Offenses: Penalties Table
| Charge Type | Statute(s) | Short Description | Penalty Range |
|---|---|---|---|
| Burglary | § 569.160 RSMo and § 569.170 RSMo | Breaking and entering a location to commit theft or another crime. | Class D Felony or Class B Felony |
| Robbery | § 570.023 RSMo and § 570.025 RSMo | A violent version of theft, involving violence and/or threats to take another person’s property. | Class B Felony or Class A Felony |
| Embezzlement | § 570.030 RSMo | Misusing money or property which you had legitimate access to. | Class B Felony or Class A Felony |
| Identity theft | § 570.223 RSMo | Taking another person’s identity or creating a fake identity to commit fraud. | Class B Misdemeanor to Class B Felony |
| Credit Card Fraud | § 570.130 RSMo and § 570.135 RSMo | Either using a card that has been revoked, canceled, or is not yours or lying on an application. | Class A Misdemeanor or Class E Felony |
Combs Waterkotte’s stealing charges lawyers offer expert criminal defense for all of the above allegations. In the meantime, you can review our total guide to theft charges in Missouri to learn more.
Defenses Our Attorneys Use Against Theft Accusations
Theft crime defenses can rely on broad strategies, like an alibi, or property-specific strategies, like perceived ownership. 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 applies when the alleged offender believed they had permission to take the property.
- Actual Ownership — Actual ownership can help in cases where someone is accused of stealing something but actually has ownership rights.
- 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 — Lack of intent can protect you if you took an item without realizing it. For example, maybe a friend forgot their phone in your car, and you drove off with it. Assuming you didn’t realize it was there, you lacked intent to commit theft.
- 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 — If you can prove that you were elsewhere at the time of the theft, that alibi can save you in court.
- Mistaken Identity — While unintentional, sometimes stealing victims will pick the wrong person as the perpetrator.
- 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 the prosecution’s case is based on erroneous or misinterpreted evidence, we will investigate it and file motions to suppress it.
Whatever you’re accused of, you need a strong defense plan. A larceny defense attorney from Combs Waterkotte can help you get there.
Why Choose Combs Waterkotte for Your Theft Defense Attorney
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 Higginsville, MO, theft lawyer, and we are ready for your call.
Here’s what sets us apart:
- Former prosecutorial experience gives our team an advantage against the prosecutor.
- We take a client-first approach and have someone available 24/7 via phone.
- We don’t stop fighting until you get the justice you deserve.
- Past clients are open about their positive experiences with our firm.
- You get help building your case from a former law enforcement officer.
Your rights aren’t something to be ignored. Combs Waterkotte will fight for you, protect you, and help you navigate the legal system in Higginsville.
Combs Waterkotte: Experienced Theft Defense in Higginsville, MO
Allegations of larceny are important to take seriously. A conviction could mean a felony on your record, years in prison, and long-lasting collateral consequences. When you call Combs Waterkotte, we’re committed to protecting you from negative outcomes.
Talk to a theft lawyer in Higginsville, MO, ASAP by calling (314) 900-HELP or use our contact form to schedule a private consult with one of our team members.
