If you have been accused of shoplifting, theft, burglary or robbery, you will need an experienced criminal defense attorney to maintain your innocence or help you avoid the harshest penalties. At Stone Law Office, attorney Gary D. Stone uses his insight, negotiating skills and proven reputation as a trial lawyer to protect your rights and 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. 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.
Property Crimes And Penalties In Kansas
- Shoplifting and theft — If the value of the merchandise in question is under $1,000, this theft is a class A misdemeanor, punishable by up to 12 months in jail. If convicted, a judge will usually suspend your jail sentence for a first offense, but will give you probation and fines. If the value of the merchandise is over $1,000, you will face felony charges. If prosecutors believe you are a serial or professional shoplifter, they may seek prison time.
- Burglary — It is a felony to enter a house, business or vehicle with the intent of committing a theft or felony. 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 12 months 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.
- Robbery — Taking property directly from or from the presence of a person by force (pickpocketing, 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. If convicted, you will likely be sentenced to prison.
Get Legal Help Before It Is Too Late
If the police have questioned you or charged you with a theft, burglary or robbery, call the Stone Law Office. Attorney Gary D. Stone will:
- Examine the evidence (videotape, merchandise found on your person, statements of security personnel or witnesses), and advise you of your options.
- Review your case for any weaknesses to determine if charges can be reduced or if taking your case to trial is the best choice.
- 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.
If you were charged with a theft crime in the Kansas City metro area or Wyandotte, Johnson, Douglas or Leavenworth counties, call 913-281-6601 or get in touch via our online contact form. All initial consultations are free and we accept major credit cards.
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.