Kansas City, Kansas, Theft and Robbery Lawyer
Stealing is a serious crime in Kansas, whether it is lifting a small item from a store or forcibly taking someone's possessions. If the police have accused you of shoplifting, theft, burglary, or robbery, you will need an effective criminal defense attorney to maintain your innocence or help you avoid the harshest penalties if convicted. Contact the Stone Law Office immediately to protect your rights and discuss your case.
Free Consultation: 913-281-6601 • Evening/Weekend: 816-516-8000
Gary D. Stone is a former county prosecutor with 12 years of criminal law experience. Based in Kansas City, Kansas, Stone Law Office defends clients throughout the Kansas City metro area, including Wyandotte, Johnson, Douglas, and Leavenworth counties. Mr. Stone uses his insights, negotiating skills, and proven reputation as a trial lawyer to fight on your behalf.
People often believe that property crimes such as theft and burglary are minor offenses. In fact, you could face felony charges and substantial jail or prison time for these offenses. Businesses may press charges and demand restitution, and a conviction may be used as a gauge of your honesty and character in seeking future employment. This is why you need veteran legal counsel.
Shoplifting / Theft: Stealing something as little as a pack of gum is a crime. If the value of the merchandise is under $1,000, this theft is a Class A misdemeanor, punishable by up to one year in jail. If convicted, a judge will usually suspend your jail sentence for a first offense, but will give you probation and fines. The store can seek restitution plus penalties in civil court (including holding parents liable up to $500 for a juvenile's theft.) It is important to keep a theft conviction off your record.
Theft is a Level 9 felony if (a) the merchandise is over $1,000, (b) you have two prior theft convictions, or (c) you are accused of stealing from three stores within a 72-hour period. If prosecutors believe you are a serial or professional shoplifter, they will seek prison time. Mr. Stone will examine the evidence (videotape, merchandise found on your person, statements of security personnel or witnesses), and advise you of your options.
Burglary: Many first-time burglars do not realize how serious the crime is until after the police have arrested them. It is a felony to enter into a house, business or vehicle with the intent of committing a theft or felony therein. Because you may face mandatory jail time if convicted, it is critical to contact a qualified and aggressive trial attorney at once.
Burglarizing a house or apartment is a level 7 felony, while entering a business is a level 9 felony. If you have no criminal record, the presumptive sentence is one-year probation. If you have a prior burglary or felony conviction, or someone was in the building at the time (aggravated burglary), Kansas sentencing guidelines call for mandatory prison time. Mr. Stone can advise you about how many years you would likely face for your particular situation, and will make every attempt to keep you out of prison or minimize your sentence.
Robbery: Taking property directly from a person by force (pick pocketing, purse snatching, and mugging) is robbery, a level 5 felony. If a weapon was used or the victim was injured (aggravated robbery), it is a level 3 felony. Because of the major prison sentences, Mr. Stone will review your case for any weaknesses to determine if charges can be reduced or if taking your case to trial is the best choice.
Call Before It Is Too Late: 913-281-6601
Gary D. Stone may be able to secure a better outcome if given enough time to help. Contact him immediately if the police have questioned you or charged you with a theft, burglary, or robbery. The Stone Law Office offers a free consultation and accepts major credit cards.
Kansas Statutes relating to theft, burglary, and robbery are set forth below. These statutes are provided for informational purposes only, and are not intended as legal advice.
K.S.A. 21-3701. 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 $25,000 or more is a severity level 7, non-person felony.
(2) Theft of property of the value of at least $1,000 but less than $25,000 is a severity level 9, non-person felony.
(3) 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, non-person felony.
(4) Theft of property of the value of less than $1,000 is a class A non-person misdemeanor.
(5) Theft of property of the value of less than $1,000 is a severity level 9, non-person felony if committed by a person who has, within five years immediately preceding commission of the crime, 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.
K.S.A. 21-3715. Burglary.
Burglary is knowingly and without authority entering into or remaining within any:
(a) Building, manufactured home, mobile home, tent or other structure, which is a dwelling, with intent to commit a felony, theft or sexual battery therein;
(b) building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexual battery therein; or
(c) motor vehicle, aircraft, watercraft, railroad car, or other means of conveyance of persons or property, with intent to commit a felony, theft, or sexual battery therein.
Burglary as described in subsection (a) is a severity level 7, person felony.
Burglary as described in subsection (b) is a severity level 7, non-person felony.
Burglary as described in subsection (c) is a severity level 9, non-person felony.
K.S.A. 21-3426: Robbery.
Robbery is the taking of property from the person or presence of another by force or by threat of bodily harm to any person.
Robbery is a severity level 5, person felony.
K.S.A. 21-3427: Aggravated robbery.
Aggravated robbery is a robbery, as defined in K.S.A 21-3426 and amendments thereto, committed by a person who is armed with a dangerous weapon or who inflicts bodily harm upon any person in the course of such robbery.
Aggravated robbery is a severity level 3, person felony.