Theft Lawyer Kearney, MO

Theft Lawyer in Kearney, MO. Theft crime charges can be some of the most serious in Kearney, MO. Even a non-violent theft charge can be a serious felony. Without help, the odds are stacked against you.

Combs Waterkotte is ready for your call. With our Kearney, MO, theft lawyers in your corner, you’re getting help from a seasoned group of leading criminal attorneys. 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:

Here, you will read about:

• Missouri’s main theft statute
• Your next steps after a larceny arrest
• What a theft lawyer will do to help
• Felony and misdemeanor theft charges in Kearney, MO
• Additional and/or alternative charges you could face
• Strategies your theft defense lawyer may use
• What sets the criminal defense attorneys at Combs Waterkotte apart
• Getting started crafting your defense now

How Does Kearney, MO, Define Theft?

For a definition of theft in Kearney, you’ll want to look at § 570.030 RSMo. It sets three possible conditions for larceny in Kearney:

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/selling stolen goods.

Depending on the alleged item stolen, how it was stolen, and its value, you could face additional charges and/or elevated penalties, which we will discuss in more detail below. For any larceny accusations, though, you need to work with a Kearney, MO stealing charges lawyer who can break down the charges against you.

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

Alleged theft cases often are categorized based on two factors: The type of property taken and how it was allegedly done.

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 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.

Prior stealing convictions can also play a role in Kearney, MO, theft crime penalties.

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 is distinguished from other forms of theft based on what is stolen and when: It includes items for sale being taken from a store, during its 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. These will assign specific penalties, and sometimes diversion programs, to treat shoplifting differently from other theft.

7 Steps to Take If You’re Accused of Larceny

If you’ve been accused of or arrested for stealing in Kearney, MO, don’t panic. It’s normal to feel overwhelmed at first, but if you take the right steps, you can lay the foundation for your future defense. Avoid talking with police, ask to speak with your defense attorney, and collect information that could help your defense.

Follow these steps to prepare for your defense:

1. Plead the Fifth — Respectuflly state “I am invoking my right to remain silent.”
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 Court Orders — 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 — Anything you tell your lawyer is protected by attorney-client confidentiality. Tell your defense attorney the full story.
5. Research the Law — Your lawyer can help you understand the statute(s) you’re accused of violating, and the potential penalties for a conviction.
6. Search for Evidence — Evidence can help your Kearney, MO, theft lawyer show reasonable doubt.
7. 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.

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

Whether you’ve just been arrested or have a trial coming up fast, getting a defense attorney on your side should be your top priority. They can protect you in interrogations, at pretrial hearings, and all the way through sentencing and appeals.

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

Don’t try to fight these charges alone. An attorney from Combs Waterkotte can make all the difference. Contact our team now to start building your defense: (314) 900-HELP

Misdemeanor vs. Felony Theft Charges in Kearney, MO

If you’ve been accused of theft, what was allegedly stolen can determine what the potential penalty is. In general, 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:

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

Class B Felony Theft:

• 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 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 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.
  • 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 before it reaches the recipient.

Class D Misdemeanor Theft

• Stealing property that fits none of the above categories, is worth less than $150, and the alleged offender does not have a criminal record including stealing related convictions.

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

Other Stealing Charges You May Face

General larceny is covered under § 570.030 RSMo in Kearney, MO, but some specific subtypes of theft are given their own statutes. 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 Kearney, 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 a particular kind of theft that involves stealing someone else’s identity, or manufacturing a fake one. Missouri specifically requires that the alleged perpetrator does so with the intent to steal something of value.

Credit Card Fraud

Credit card fraud isn’t just one activity in Kearney, 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

Combs Waterkotte’s stealing charges lawyers offer expert criminal defense for all of the above allegations. If you’re facing any of these related charges, you can learn more in our ultimate guide to theft crimes in Missouri.

Effective Defenses Against Stealing Charges

Theft crime defenses can rely on broad strategies, like an alibi, or property-specific strategies, like perceived ownership. Once you’ve connected with your Kearney, MO, attorney, they will help you evaluate the following defense options and decide on the right approach for your case:

• Claim of Right — Claim of right can be used if you did not own the property, but believed you were allowed to use it.
• Actual Ownership — Taking an item is only theft if you didn’t own it. If you did, this can be your defense.
• 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 — Missouri recognizes necessity as a defense, so if you stole something in an emergency to prevent a greater harm, it may be excused.
• 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 the prosecution’s case is based on erroneous or misinterpreted evidence, we will investigate it and file motions to suppress it.

Your case is unique, and while these defense strategies can make a good base, your larceny defense lawyer will help build your case on top of it.

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

If you’ve been accused of theft in Kearney, 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:

• Drawing on former experience as a district attorney, we can expertly evaluate the case against you.
• We take a client-first approach and have someone available 24/7 via phone.
• Every defense we build is trial-ready, which also gives us leverage in plea negotiations.
• Our former clients have given us over 500 five-star reviews.
• Your defense investigation will be aided by a former police officer.

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.

Combs Waterkotte: Experienced Theft Defense in Kearney, MO

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. Combs Waterkotte is prepared to listen to your story and build your defense.

Talk to a theft lawyer in Kearney, MO, at any time by calling (314) 900-HELP or contact us online to schedule a private case review.