Overland Park Theft Charge Lawyer
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Have you been charged with Theft?


Most people at one point in their lifetimes have taken something that doesn't belong to them. Whether it be a kid taking some candy from a store or an adult shoplifting from a department store, everyone makes mistakes. However, sometimes the police get it wrong, they believe the wrong person or rely on some tainted evidence to draw them to a wrong conclusion. Both innocent and guilty people often find themselves in the same boat. Scared, embarrassed, worried and looking at some very serious charges with a lot of questions.

When you have been charged with theft you have a lot on the line. Your reputation, your job, your criminal record, and possibly your freedom are all at stake. Few employees want to hire a new employee with a theft charge on their record, and a current employer will surely look differently upon an employee if they find out about a pending theft charge. You need to seek the advice or an experienced criminal defense lawyer with experience handling theft cases.

The attorney's at Copley Roth and Davies LLC will take the time to hear your side of the story advocate for you right from the start. If you find yourself charged with theft contact an experienced criminal defense lawyer today. Below are a few general questions about Theft charges in Kansas

If you have been accused of Theft
call (913) 732-3014 for a free consultation.





What is the Kansas Law on Theft?

(a) Theft is any of the following acts done with intent to deprive the owner permanently of the possession, use or benefit of the owner's property:
(1) Obtaining or exerting unauthorized control over property;
(2) obtaining by deception control over property;
(3) obtaining by threat control over property; or
(4) obtaining control over stolen property knowing the property to have been stolen by another.
(b) (1) Theft of property of the value of $100,000 or more is a severity level 5, nonperson felony.
(2) Theft of property of the value of at least $25,000 but less than $100,000 is a severity level 7, nonperson felony.
(3) Theft of property of the value of at least $1,000 but less than $25,000 is a severity level 9, nonperson felony.
(4) Theft of property regardless of the value from three separate mercantile establishments within a period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct is a severity level 9, nonperson felony.
(5) Theft of property of the value of less than $1,000 is a class A nonperson misdemeanor .
(6) Theft of property of the value of less than $1,000 is a severity level 9, nonperson felony if committed by a person who has been convicted of theft two or more times.
(c) Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined by this section shall be considered a conviction of theft for the purpose of determining the number of prior convictions and the classification of the crime under this section.


Am I facing a jail sentence?

This is probably the most pressing question on a defendant's mind. It is also one of the most difficult to answer without knowing more facts. In Kansas, punishment for a crime is largely determined by a sentencing grid. To keep sentences uniform from jurisdiction to jurisdiction the legislature has promulgated the Kansas Sentencing guidelines. The guidelines put forth a grid that guides a judge while sentencing a guilty person. The grid takes into consideration three different factors.

1. The guilty person's criminal history
2. The severity level of the crime they committed
3. Any aggravating or mitigating circumstances


Once a defendant's guilt has been determined on a Felony case then the judge will order a Pre-Sentence Investigation (PSI) of the defendant to determine his criminal history score as well as any aggravating or mitigating circumstances. Armed with that investigation the judge will then look at the severity of the crime and determine a defendant's punishment.

When charged with a level Five felony case a defendant is looking at anywhere from 31 months to 136 months depending on their specific case.

When charged with a level Seven felony case a defendant is looking at anywhere from 11 months to 34 months depending on their specific case.

When charged with a level Nine felony case a defendant is looking at anywhere from 05 months to 17 months depending on their specific case.

When charged as a misdemeanor the defendant is looking at anywhere from 0-12 months.




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How much trouble am I really in?

The long and short of it is you are in trouble. There are no theft cases that are "no big deal." The negative stigma that surrounds a theft conviction on a persons criminal record can far outweigh the actual jail time or fine that a person pays. A theft conviction will tarnish your criminal record with one of the worst convictions you can get. It will limit your job opportunities and you will be constantly explaining the conviction to prospective employers. It will stay with you forever and it will be counted against you if you ever get in anymore trouble with the law.

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