Theft Attorney in Johnson County

If You’re Facing Theft Charges, You Need Trusted Legal Guidance

Theft charges in Johnson County carry serious consequences, including fines, restitution, and the potential for jail time. Having an experienced criminal law lawyer in Johnson County by your side can make a meaningful difference. At Garretson & Toth, LLC, we defend your rights and work to protect your future with partner-led representation focused on your specific case.

Kansas law treats theft offenses seriously, and local prosecutors prioritize these cases. Even a single theft accusation may affect your job, housing, and reputation within the community. We guide you through each step, explaining how Johnson County practices, schedules, and expectations affect the process. When you hire our team, you gain clarity and focused support during a challenging time.

Get the strategic advantage of a Johnson County theft defense lawyer who has worked as a prosecutor. Take control of your case—contact us online or call (913) 971-0296 today.

Understanding Kansas Theft Laws (K.S.A. § 21-5801)

In Kansas, theft crimes are unified under a single statute, K.S.A. § 21-5801. The key factor is the intent to permanently deprive the owner of the possession, use, or benefit of their property or services.

Theft is Defined By the Act

The statute outlines several specific ways in which theft can be committed. As your dedicated Johnson County theft defense lawyer, we defend against all forms, including:

• Unauthorized Control: Obtaining or exerting unauthorized control over property or services. (This covers simple taking, like shoplifting or stealing a vehicle).
• Theft by Deception: Obtaining control over property or services by deception (This covers fraud, misrepresentation, and bad checks).
• Theft by Threat: Obtaining control over property or services by threat.
• Receiving Stolen Property: Obtaining control over stolen property knowing the property to have been stolen by another.

Misdemeanor vs. Felony Thresholds

The classification of the charge, and thus the severity of the penalty, hinges primarily on the value of the property involved, but other factors can escalate the crime.

• Class A Misdemeanor: Theft of property or services valued at less than $1,500.
• Severity Level 9 Nonperson Felony: Theft of property or services valued at at least $1,500 but less than $25,000. This level is also triggered if:
  • Theft involves a firearm (regardless of value under $25,000).
  • The defendant has two or more prior theft convictions within the last five years.
  • Theft involves taking property from three separate mercantile establishments within 72 hours (organized retail crime).
• Severity Level 7 Nonperson Felony: Theft of property or services valued at at least $25,000 but less than $100,000.
• Severity Level 5 Nonperson Felony: Theft of property or services valued at $100,000 or more.

Key Elements the Prosecution Must Prove

To secure a conviction for any theft crimes offense in Kansas, the State must prove two central elements beyond a reasonable doubt. We focus our defense on creating doubt regarding the defendant's state of mind and the legality of the taking.

• Obtaining Unauthorized Control: Proving that the accused obtained or exerted unauthorized control over the property or services. We challenge the physical evidence and look for scenarios where the control was accidental, mistaken, or legally disputed.
• Intent to Permanently Deprive: This is the most crucial element. The accused must have acted with the specific intent to permanently deprive the owner of the possession, use, or benefit of the property.

As your theft attorney in Johnson County, we know that if the prosecution fails to prove the specific intent—for example, if the evidence suggests the property was simply borrowed, taken by mistake, or there was a contractual dispute—the charge cannot stand.

Penalties and Collateral Consequences of Theft Convictions in Kansas

The penalties for theft crimes in Kansas are governed by the sentencing grid, with even lower-level felonies carrying potential prison time.

Direct Criminal Penalties

• Class A Misdemeanor (Less than $1,500): Up to 1 year in county jail and up to a $2,500 fine.
• Level 9 Felony ($1,500 – $24,999): 5 to 17 months of imprisonment and up to a $100,000 fine.
• Level 7 Felony ($25,000 – $99,999): 11 to 34 months of imprisonment and up to a $100,000 fine.
• Level 5 Felony ($100,000 or more): 31 to 136 months of imprisonment and up to a $300,000 fine.

Collateral Consequences in Johnson County

A conviction for theft crimes, especially a felony, can devastate your life long after you serve your sentence:

• Employment: Theft is considered a crime of dishonesty. A conviction will prevent employment in banking, finance, retail, and many licensed professions.
• Restitution: Courts mandate that you pay full restitution to the alleged victim, which can result in long-term financial burdens.
• Immigration: For non-citizens, theft is often classified as a Crime Involving Moral Turpitude (CIMT), leading to possible deportation.
• Future Sentencing: A prior theft conviction can automatically upgrade a new misdemeanor offense to a felony.

Why Clients Choose Our Theft Crime Attorneys in Johnson County

We bring over 60 years of combined criminal law experience to every case. As former Johnson County prosecutors, we know how the local courts operate and how prosecutors build their cases. You will always work directly with one of our founding partners, never handed off to an inexperienced associate. 

Every client receives not only strong legal defense but also open, clear communication throughout the process. Our relationships within the Johnson County legal community help us anticipate challenges and streamline the process for you.

Many clients value our prior experience as Assistant District Attorneys in Johnson County, which means we know the local prosecutors and their typical approaches. This background allows us to craft defense strategies anticipating likely evidence and arguments.

Contact an experienced theft attorney in Johnson County. Call (913) 971-0296 or reach out online for your confidential, cost-free consultation.