Don’t Let Theft Charges Define You
Being accused of theft can be embarrassing and frightening. You might feel overwhelmed, but remember: accusations are not convictions. You have the right to defend yourself and protect your future.
I started my law firm, The Mozingo Law Firm, LLC, because I believe that you should not be defined by a mistake or criminal accusation. I am the theft attorney you can trust in Olathe, Kansas, when everything is on the line.
Understanding Theft Offenses In Kansas
Under Kansas law, theft is defined as the unauthorized taking of another person’s property with the intention of permanently depriving them of it. Theft is a serious criminal offense and can take many forms, from shoplifting to embezzlement.
But what about robbery and burglary? While often used interchangeably with theft, these terms have distinct meanings:
- Theft is taking someone else’s property without their permission.
- Robbery involves using force or threatening someone while committing theft.
- Burglary involves breaking into and entering a building with the intent to commit a crime, such as theft.
Each of these charges carries different implications and requires a unique approach.
Factors Affecting Charges And Potential Penalties
The severity of theft charges and the penalties you could face depend on several details. These include, primarily, the value of the stolen items, as well as whether you have prior convictions and the nature of what was stolen.
For instance, stealing less than $1,500 in property can result in a misdemeanor charge, up to $2,500 in fines and up to one year in county jail. On the other hand, theft involving over $100,000 in property can result in over a decade in prison and hundreds of thousands of dollars in fines.
Mitigating factors, such as a clean criminal record or cooperation with authorities, can reduce penalties. Aggravating factors, like using a weapon or targeting a vulnerable individual, can increase penalties.
How An Olathe Criminal Defense Attorney Can Help
As your Olathe criminal defense attorney, I can guide you through every step of the legal system. I will explain your rights, help you understand the charges against you and develop a strong defense strategy. I know that every case is different, and I will consider your unique circumstances.
I believe in treating each client with respect and compassion. I am dedicated to providing honest, straightforward and clear communication throughout this difficult experience. I am a member of the Kansas Association of Criminal Defense Lawyers and the Johnson County Bar Association.
Common Theft Charges I Defend In Olathe
Many theft charges start with a mix-up at a register or a dispute with a boss. These are the charges I defend most often in Olathe.
Shoplifting And Retail Theft
Leaving a big-box or grocery store without paying, switching price tags or skipping items at self-checkout can lead to a theft charge.
Employee Theft And Embezzlement
These cases involve money or property an employer trusted you to handle, such as a cash drawer or company accounts.
Identity Theft And Credit Card Theft
Using another person’s card, account number or personal information without permission can lead to charges. Kansas treats identity theft as its own offense.
Auto Theft And Theft Of A Motor Vehicle
Taking a car without the owner’s consent can be charged as theft of a motor vehicle, even if you planned to bring it back.
Theft Of Services
Tampering with a utility meter, skipping a rideshare fare or refusing to pay a contractor over a dispute can lead to theft charges.
Receiving Or Possessing Stolen Property
Under Kansas law, obtaining control over property you know someone else stole is charged as theft. The key question is often whether you actually knew.
Common Defense Strategies For Theft Allegations
If you are wondering how to beat a theft charge, start with what the prosecution must prove. I spent over seven years as a Johnson County prosecutor, so I know how the state builds these cases. Defenses for shoplifting and other theft charges include:
- Lack of intent: Theft needs the intent to take the owner’s property for good, so a mistake or mix-up can be a valid defense.
- Claim of right: You honestly believed the property was yours.
- Weak evidence: The prosecution must prove its case, and the law sees you as innocent until the state proves you guilty.
The evidence decides which defense fits, so I check every report and recording first.
Can I Be Charged With Theft Even If I Intended To Return The Item?
Yes. Kansas law looks at your intent at the moment you took the property, and giving it back later does not erase a charge.
Keeping property long enough to use up much of its value can count as taking it for good. For a brief taking, prosecutors may instead charge criminal deprivation of property, a separate crime.
For a theft conviction, prosecutors must still prove you meant to keep the property for good, so proof you planned to return it can help your defense.
Get Your Free Consultation Now
If you’re looking for a theft lawyer in Olathe, contact The Mozingo Law Firm, LLC, today for a free consultation. Send me a message or call 913-732-4903 to discuss your case and explore your options.