Theft Lawyer Holden, MO

Theft Lawyer in Holden, MO. If someone accuses you of theft in Holden, MO, you need to act immediately. Even a non-violent theft charge can be a serious felony. On your own, it can feel like an impossible fight.

Combs Waterkotte is ready for your call. You need an experienced theft lawyer in Holden, MO, and we’re here to provide just that. With our firm, we don’t take shortcuts – wtih Combs Waterkotte, you’re getting a high-quality defense against all charges.

Page Overview:

Here, you can learn about:

• What constitutes stealing in Holden, MO
• Your next steps after a larceny arrest
• What a theft lawyer will do to help
• What makes a larceny charge a felony vs. a misdemeanor
• 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’s defense attorneys are the right choice for your case
• How to get started building your defense today

How Does Holden, MO, Define Theft?

The majority of theft accusations in Holden, MO, are charged under Missouri Revised Statutes § 570.030. Under it, any of the following actions counts as larceny:

1. Taking something that belongs to another person for yourself, including by tricking them or through means of force.
2. Attempting to take anhydrous ammonia or liquid nitrogen under the same conditions.
3. Receiving and/or selling stolen property.

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. But whatever you’re facing, it’s essential to work with a Holden, MO stealing charges lawyer to discuss what you’re up against.

Why Holden, MO, Theft Accusations Are Different From Other Criminal Charges

There are two things that set apart theft allegations in Holden, 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 cost of the lost property can also play a role.

Both of these factors can drastically affect defensive strategies: Sometimes, your criminal defense attorney will contest whether the supposedly stolen property qualifies for enhanced penalties or not. Other times, your defense could hinge on whether or not you had permission to use the item.

In many cases, theft crime convictions are enhanced specifically by prior convictions for stealing offenses.

Does § 570.030 RSMo Include Shoplifting?

There is not a separate statute for shoplifting versus regular theft in Missouri — both are covered under § 570.030 RSMo.

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. These will assign specific penalties, and sometimes diversion programs, to treat shoplifting differently from other theft.

7 Essential Steps to Take If Accused of Stealing in Holden, MO

If you’ve been accused of or arrested for stealing in Holden, MO, don’t panic. It’s important to avoid making mistakes, but if you take the right steps, you can ensure that your rights are respected. Stay silent, request your lawyer, and put together anything evidence that has to do with your case.

Follow these steps to protect yourself:

1. Plead the Fifth — Exercise your Fifth Amendment right to remain silent, and don’t answer any police questions on your own.
2. Request Your Stealing Defense Attorney — In addition to the right to remain silent, you have the right to an attorney. Contact one as quickly as possible.
3. Obey Release Conditions — You don’t want to go back to jail before your trial, so keep in line with any court orders.
4. Tell Your Side of the Story to Your Lawyer — Don’t keep anything from your attorney regarding your case. They can help you best when they know the full story.
5. Research the Law — Work with your attorney to get a better understanding of the law and the potential consequences.
6. Gather Evidence — The more information your theft lawyer has, the better.
7. Discuss Defense Strategies — Looking at the totality of your case, your lawyer can recommend the best way forward.

How Your Theft Lawyer in Holden, MO, Will Help Your Case

It’s essential to work with a theft lawyer in Holden, MO, who knows your charges and the best way to respond to them. They can provide valuable insights and advocate for you at many stages in the justice process..

Here are some examples of the difference that a lawyer can make:

Get help against these charges now. A lawyer from Combs Waterkotte can help you find the best outcome possible. Contact our team today to start building your defense: (314) 900-HELP

Misdemeanor vs. Felony Theft Charges in Holden, MO

If you’ve been accused of theft, what was allegedly stolen can determine what the potential penalty is. In general, the biggest risk factors are the value of the item and your prior criminal record. Below, we’ve listed the different possible penalty classes for theft under § 570.030 RSMo, and what qualifies for each:

Class A Felony Theft:

• Stealing a storage tank or other container with any amount of anhydrous ammonia.

Class B Felony Theft:

• Stealing or attempting to steal 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, 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 an organized retail theft.

Class C Felony Theft:

• Stealing an ATM, or anything inside one.
• 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 stolen property was:
  • A motor vehicle.
  • A will.
  • A credit or debit card.
  • A firearm.
  • 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.

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 was not named above, is worth less than $150, and the alleged offender has no prior theft convictions on their criminal record.

In cases that don’t fit any of the contexts listed above, theft is classified as a class A misdemeanor.

Other Stealing Charges You May Face

General larceny is covered under § 570.030 RSMo in Holden, MO, but some specific subtypes of theft are given their own statutes. For example, robbery is more likely to be charged separately given the seriousness of the accusation.

Burglary

In Holden, MO, burglary is considered trespassing with the intent to break another law. Most of the time, burglary is done with the intent to commit theft, but not always.

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

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 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. Missouri law also specifies an intent aspect: Identity theft must be done with the intention to commit theft.

Credit Card Fraud

In Holden, MO, credit card fraud could mean either using a fake/stolen credit/debit card, or, less commonly, lying on an application for a credit or debit card. This can include using a card that has been either cancelled or revoked.

Theft-Related Offenses: Penalties Table

Contact your Holden, MO stealing charges lawyer from Combs Waterkotte to learn more about these charges today. If you want to learn more about these individual charges, check out our ultimate guide to theft crimes in Missouri.

Possible Defenses to Stealing Accusations in Holden, MO

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 could be argued if there is evidence to show that you were allowed to take/use the property, even if it wasn’t yours.
• Actual Ownership — Sometimes, a theft case is no more than a property dispute. If you can show you lawfully owned the item in question, this can be one of the strongest defenses.
• Perceived Ownership — Because larceny relies on an intent aspect, claiming that you believed the item was yours can prove an effective defense.
• 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 — Grainy security footage can be hard to interpret. It’s possible that the wrong person was accused.
• Lack of Evidence — You are presumed innocent until found guilty, and if the prosecution’s case against you is unconvincing, your lawyer can highlight its flaws.
• Evidentiary Issues — If the prosecution’s case is based on erroneous or misinterpreted evidence, we will investigate it and file motions to suppress it.

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 Holden, MO, Theft Lawyer From Combs Waterkotte

If you’ve been accused of theft in Holden, MO, finding the right defense attorney is a critical decision. But with over 100 years of combined legal experience and over 10,000 clients’ cases handled, we think the answer is clear: Combs Waterkotte.

This is why you should choose us to defend your case:

• Insights from a former prosecutor help us find weaknesses in the prosecution’s case.
• We take a client-first approach and have someone available 24/7 via phone.
• We’re known for building trial-ready defenses, and won’t back down when challenged.
• We have scores of positive reviews from past clients.
• We employ a former police officer for investigation and evidence review.

When you call Combs Waterkotte, you’re in good hands from day one. Our team is dedicated to our clients and prepared to fight for your freedom.

Fight Your Theft Charges. Contact Combs Waterkotte Now

The prosecutor’s office isn’t looking to take it easy on you. 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.

Get help from a theft lawyer in Holden, MO, right away by calling (314) 900-HELP or send us a message to set up a free consult.