Johnson County Theft Lawyer
A theft charge can follow you long after the case is over. Employers often view theft more harshly than other offenses because it raises questions about trust, and it tends to stand out on background checks. If you've been charged with theft or shoplifting in Johnson County, Roth Davies LLC can review the evidence, explain your options, and work toward the best possible outcome, whether that's a dismissal, diversion, or a reduced charge. Call (913) 451-9500 for a free consultation.
What Counts as Theft in Kansas?
Under K.S.A. 21-5801, theft means doing any of the following with the intent to permanently deprive the owner of their property or services:
Obtaining or exerting unauthorized control over the property or services
Obtaining control by deception (see theft by deception)
Obtaining control by threat
Obtaining control over property you know was stolen by someone else
Knowingly pumping motor fuel at a gas station and leaving without paying
The most common theft cases in Johnson County include:
Shoplifting: the most common theft charge. It's usually a misdemeanor handled in municipal court unless the value is high or the person has prior theft convictions.
Receiving stolen property: less common and often harder for the state to prove, since it has to show the person knew the property was stolen.
Embezzlement and misuse of funds: usually involves someone in a position of trust, like an employee or bookkeeper, and is often charged as a felony because of the amounts involved.
Theft by deception: getting someone to hand over property or services through false statements.
Theft Penalties in Kansas
The value of the property or services is the main factor in how a theft is charged:
Less than $1,500: Class A nonperson misdemeanor. Up to 1 year in county jail and a fine of up to $2,500.
$1,500 to less than $25,000: Severity level 9 nonperson felony. A possible prison range of 5 to 17 months and a fine of up to $100,000.
$25,000 to less than $100,000: Severity level 7 nonperson felony. A possible prison range of 11 to 34 months and a fine of up to $100,000.
$100,000 or more: Severity level 5 nonperson felony. A possible prison range of 31 to 136 months and a fine of up to $300,000.
For felonies, where a sentence falls inside that range depends on criminal history under the Kansas sentencing guidelines. Criminal history and severity level also decide whether the guidelines presume probation or prison.
Some thefts under $1,500 can still be charged as a severity level 9 felony:
Property worth $50 to $1,500 when the person has two or more theft convictions in the past five years
Property taken from three separate stores within 72 hours, or as part of a common scheme
Theft of a firearm worth less than $25,000
What Does the Prosecution Have to Prove?
The state has to prove every element of theft beyond a reasonable doubt. The most important is intent: the prosecution must show the defendant intended to permanently deprive the owner of the property. Kansas courts have clarified several points about what that does and doesn't require:
The owner doesn't have to actually lose the property for good. What the statute requires is the intent to permanently deprive the owner, even if the property is later recovered.
The property doesn't have to be carried away. Concealing merchandise or removing it from its packaging can be enough to complete a theft, if the required intent is there (State v. Plummer, Kansas Supreme Court, 2012).
In a stolen property case, the defendant’s knowledge is a key issue. What the defendant knew, or should have known, about where the property came from is often central to the case.
Intent can also be inferred from the circumstances, which is why the specific facts of each case matter so much.
What Happens After a Theft Arrest?
In a shoplifting case, store loss prevention staff will often detain the person, bring them back into the store, and call police, who may try to question them. For lower-value thefts, police often issue a citation instead of making an arrest, especially for Kansas residents with no prior record. People from out of state are more likely to be arrested and required to post bond.
Once you hire a lawyer, they enter an appearance in your case, request the police reports and any store video, and review the evidence for weaknesses. From there, the case may be resolved through a dismissal, diversion, a plea agreement, or trial.
What to do if you're charged with theft
Don't talk to police about the case without a lawyer present.
Contact a theft defense lawyer as soon as possible.
Gather receipts, documents, and the names of any witnesses who support your side.
Don't discuss the case with anyone except your attorney.
Think carefully before pleading guilty. A theft conviction can affect your job prospects for years, so it's worth understanding every option first.
Defending a Theft Charge
The defense lawyer's job is to hold the prosecution to its burden of proof. Depending on the facts, that can include:
Intent: the state has to prove you intended to permanently deprive the owner. Claims like forgetting to pay can matter for exactly this reason, since intent is an essential element of theft.
Knowledge: in a receiving stolen property case, the state has to prove you knew the property was stolen.
Value: value decides whether a theft is a misdemeanor or a felony, so a disputed value can change the entire case.
The evidence itself: whether the owner or key witnesses are available to testify, and whether the video and reports actually show what the state claims.
Being with someone who shoplifts isn't the same as committing theft. A companion who wasn't involved usually isn't arrested, but if they are charged, the prosecutor still has to prove they intended to steal.
Can a Theft Charge Be Kept Off Your Record?
For many first-time offenders, diversion is the best path. Completing a diversion program can keep a theft charge from becoming a conviction on your record. Diversion is often unavailable for people with prior theft cases, which is one reason a first charge is worth taking seriously.
Courts commonly require an anti-theft class as part of a theft diversion or sentence, as Overland Park does. If you were convicted, Kansas law may allow the record to be expunged once you meet the statute's requirements.
The Civil Side of a Theft Case
A theft case can carry financial consequences outside of criminal court. The victim can file a civil lawsuit to recover their losses, and a judge can order restitution as part of a criminal sentence. Some businesses send a civil demand letter offering to settle in exchange for not suing, although businesses rarely sue over small amounts.
Frequently Asked Questions
Is shoplifting a felony in Kansas?
Usually not. Shoplifting property worth less than $1,500 is typically a class A misdemeanor. It becomes a felony when the value is $1,500 or more, or in certain cases under $1,500, such as when the person has two or more theft convictions in the past five years.
What is the difference between robbery and theft?
Robbery involves taking property from a person by force or by threat of bodily harm. Theft doesn't require force or threats, which is why robbery is treated as a much more serious crime.
Can a theft charge be expunged in Kansas?
Yes, in many cases. Kansas law allows theft convictions to be expunged once the person meets the statute's requirements, and completing diversion can keep a charge from becoming a conviction in the first place.
Can you be charged with theft if you were with someone who shoplifted?
It's possible, but being present isn't enough for a conviction. The prosecutor has to prove that you intended to steal.
Talk to a Johnson County Theft Lawyer
If you've been charged with theft, shoplifting, or theft by deception in Johnson County, Roth Davies LLC can review the evidence against you and explain your options. Call (913) 451-9500 for a free consultation.