The Kansas Statute for theft is K.S.A. 21-3701
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 $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 pe riod of 72
hours as part of the same act or transaction or in two or more acts or transactions connected together or constitu ting 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 conviction s and the classification of the crime under this section.
Theft can be charged as either a misdemeanor of a felony. If it was an isolated one time event and the value was under $1,000, it should be charged as a misdemeanor crime, sometimes referred to as petty theft or shoplifting. If you have several past convictions, if it was part of an overall scheme, or if the value was over $1,000, it may be charged as a felony. Sometimes, the best legal argument, when charged with a felony, is whether a misdemeanor crime is actually the accurate charge. Of course, the preference is no charge or conviction at all!
Call a Johnson County, Kansas
criminal defense attorney to represent you. Jerry Wallentine is an experienced trial lawyer, who has significant experience defending against theft charges and has obtained the rare NOT GUILTY verdict in Johnson County for his clients during jury trial in Johnson County Kansas District Court.
"I have helped numerous clients charged with theft. I enjoy defending people accused of stealing. While theft is a crime which I do not condone, I am not hear to judge. I am here to help." Criminal Defense Attorney Jerry Wallentine