Theft Lawyer Smithville, MO

Theft Lawyer in Smithville, MO. If you’ve been accused of a theft crime, stealing, or larceny in Smithville, MO, the criminal justice system can move fast. You could be facing years in prison. If you’re alone, you might feel hopeless.

Combs Waterkotte is here to help. You need an experienced theft lawyer in Smithville, 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.

Page Overview:

Below, you can read about:

• What constitutes stealing in Smithville, MO
• Your next steps after a larceny arrest
• What a theft lawyer will do to help
• Felony and misdemeanor theft charges in Smithville, MO
• Other types of theft besides general larceny
• Possible approaches your theft lawyer might use in your defense
• What sets the criminal defense attorneys at Combs Waterkotte apart
• How you can talk to a theft lawyer in Smithville, MO, now

What is a Theft Crime in Smithville, MO?

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

1. Taking something that isn’t yours from its rightful owner — this could be without their knowledge, through trickery, or through threats.
2. Any attempts to take anhydrous ammonia or liquid nitrogen as described above (successful or unsuccessful).
3. Receiving and/or selling stolen property.

This law can be charged as a misdemeanor or a felony depending on many factors, which you can read about more detail below. Regardless, it’s always important to call a Smithville, MO stealing charges lawyer who can break down the charges against you.

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

Alleged theft cases often are categorized based on two factors: What was stolen 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. Additionally, the monetary value can change the potential penalty.

Each case is unique, and your lawyer will help you pick the best strategy for your case: Sometimes, your criminal defense attorney will show evidence that the allegedly stolen property is of a lesser value than the prosecution is stating. Other times, the right defense strategy is to review conversations with the owner and show that you had permission to use the item.

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

Does § 570.030 RSMo Include Shoplifting?

§ 570.030 RSMo covers both traditional theft ans shoplifting in Smithville, MO.

Shoplifting, also known as “retail theft,” is when a person allegedly steals merchandise from a store while it is open. Shoplifting can take various forms. One example is hiding an item inside of a different container, in order to avoid scanning it at checkout.

Some other states have dedicated shoplifting laws. In these states, shoplifting is often treated similarly to Missouri, with a variety of penalties depending on the type of items allegedly stolen and their value.

7 Steps to Take If You’re Accused of Larceny

If you’ve been accused of or arrested for stealing in Smithville, MO, don’t panic. 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. Plead the fifth, get in touch with your lawyer, and collect information that could help your defense.

Follow these steps to set yourself up for a positive outcome:

1. Remain Silent — 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 the Full Story to 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 — 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 — The more information your theft lawyer has, the better.
7. Choose a Defensive Tactic — 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 Role of Your Smithville, MO, Theft Lawyer

It’s essential to work with a theft lawyer in Smithville, 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..

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

Your lawyer is ready to take your case. As Smithville, MO’s leading criminal defense law firm, Combs Waterkotte is ready for your case. Call today to start building your defense: (314) 900-HELP

Misdemeanor vs. Felony Theft Charges in Smithville, MO

There are lots of things that can change the criminal class of an alleged theft. 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, we’ve listed the different possible penalty classes for theft under § 570.030 RSMo, and what qualifies for each:

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, if you have previously been convicted of livestock theft.
• 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 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 stolen property was:
  • A motor vehicle.
  • A will.
  • A credit or debit card.
  • A gun.
  • An explosive weapon.
  • 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 valued at 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.

Similar and Related Charges Your Theft Lawyer Can Help You Fight

Most theft charges in Smithville, 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 Smithville, 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 Smithville, 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 a particular kind of theft that involves stealing someone else’s identity, or manufacturing a fake one. Missouri law also specifies an intent aspect: Identity theft must be done with the intention to commit theft.

Credit Card Fraud

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

If you need a stealing charges lawyer, call Combs Waterkotte right away at (314) 900-HELP. In the meantime, you can review our total guide to theft charges in Missouri to learn more.

Defensive Strategies to Fight Stealing Charges in Smithville, MO

Theft crime defenses can rely on broad strategies, like an alibi, or property-specific strategies, like perceived ownership. The examples listed below are some of the strong defensive options that our lawyers will consider for your case:

• 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 — Taking an item is only theft if you didn’t own it. If you did, this can be your defense.
• Perceived Ownership — If you honestly believed you owned an item, this can sometimes excuse theft. Proving this relies on strong supporting evidence.
• 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 — 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 — 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 — Sometimes, the state fails to make its case in a convincing manner. Your defense lawyer can show off the flaws in the case.
• Evidentiary Issues — If key evidence was obtained illegally or did not follow chain of custody rules, it can be challenged and thrown out.

Your larceny defense lawyer from Combs Waterkotte will help you pick the best defensive strategy for your case.

Why Choose Combs Waterkotte for Your Theft Defense Attorney

Combs Waterkotte is Smithville, MO’s leading criminal defense law firm. Our team has over 100 years of combined legal experience and has handled over 10,000 cases — many of them theft cases, just like yours. We are dedicated to our clients and make sure we are always available to help.

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 treat you like a person, not a case number.
• Every defense we build is trial-ready, which also gives us leverage in plea negotiations.
• Past clients are open about their positive experiences with our firm.
• We employ a former police officer for investigation and evidence review.

When you are facing theft accusations, you need an experienced stealing charges lawyer to protect your freedom. You need Combs Waterkotte.

Start Building Your Theft Defense Today

These accusations are severe. The defense you build now could make all the difference for your life. Your defense attorney from Combs Waterkotte will help you fight against these allegations.

Get help from a theft lawyer in Smithville, MO, today by calling (314) 900-HELP or send us a message to arrange a private consultation.