Theft Attorney in Overland Park

Facing Theft Or Larceny Charges? Our Attorneys Are Ready To Help

If you or a loved one has been accused of theft or larceny in or around Overland Park, you are probably worried about what happens next. A single accusation can put your freedom, your job, and your reputation at risk, and the court dates and paperwork that follow can feel overwhelming. You do not have to try to handle this alone.

At Garretson & Toth, LLC, we focus our practice on criminal defense and represent people charged with theft crimes in Johnson County and nearby communities. Our attorneys bring more than 60 years of combined criminal law experience to every case, and our founding partners previously served as Assistant District Attorneys in Johnson County.

We offer free consultations so you can talk with us about the charges, your concerns, and your options without any upfront cost. Our goal is to help you understand what you are facing and to start building a defense that protects both your record and your future.

Contact a theft attorney in Overland Park at Garretson & Toth, LLC today by calling (913) 971-0296 or reaching out to us online to schedule your free consultation. Take advantage of our over 60 years of experience and our insight as former prosecutors to build your defense.

Understanding Theft Laws in Kansas

In Kansas, theft is defined under K.S.A. § 21-5801 as the act of obtaining or exerting unauthorized control over property or services with the specific intent to permanently deprive the owner of their possession, use, or benefit.

Kansas law also categorizes theft based on the nature of the property and the manner of the taking. This includes specific statutes for:

• Theft of Services: Obtaining labor or professional services without payment.
• Theft of Property Lost or Mislaid: Failing to take reasonable measures to restore property to its owner when it is found.
• Criminal Deprivation of Property: This is often referred to as "joyriding" or "borrowing" without permission, where the intent is not to permanently keep the item but to use it temporarily without authority.

Types Of Theft Cases We Handle in Overland Park

Theft and larceny charges can arise in many different ways, from a misunderstanding at a store to complex allegations involving a business or workplace. Our attorneys regularly defend clients against a wide range of property crime accusations in Johnson County District Court and Overland Park Municipal Court.

Some of the theft and larceny related charges we handle include:

• Shoplifting and retail theft where a store accuses someone of taking items without paying, switching price tags, or working with others to remove merchandise.
• Misdemeanor theft based on lower value property, which can still carry jail time, fines, and a record that appears in background checks.
• Felony theft when the alleged value of property meets certain levels under Kansas law, or when prior theft history raises the severity of the new charge.
• Embezzlement and employee theft involving claims of money or property taken from an employer or organization.
• Receiving stolen property where the accusation is that you possessed items that someone else stole, sometimes without clear proof of what you knew.
• Other property crimes that may be charged alongside theft, such as burglary or criminal damage to property, depending on the facts.

For each of these categories, the possible penalties and available defenses can differ significantly based on the amount involved, any prior record, and whether the case is filed in municipal court or district court. 

When you meet with our team, we explain how Kansas theft laws apply to your specific charge and what range of outcomes may be realistic. If you need a larceny attorney Overland Park residents can turn to for informed guidance, we are prepared to walk through the details with you step by step.

Penalties and Collateral Consequences of Theft Convictions in Kansas

The consequences of a conviction for theft crimes in Kansas are tiered based on the value of the property and the defendant's prior criminal history. Kansas utilizes a sentencing grid that factors in the "severity level" of the crime and the individual's "criminal history category."

• Misdemeanor Theft: If the value of the property or services is less than $1,500, it is typically charged as a Class A nonperson misdemeanor. This can result in up to one year in the county jail and a fine of up to $2,500.
• Level 9 Felony: This applies if the value is between $1,500 and $25,000, or if the item stolen is a firearm valued at less than $25,000. It also applies to "repeat offenders" who have two or more prior theft convictions within the last five years, even if the current theft is under $1,500.
• Level 7 Felony: Triggered when the value is at least $25,000 but less than $100,000.
• Level 5 Felony: The most severe category, applied when the value of the stolen property or services exceeds $100,000. This can carry a presumptive prison sentence of over 10 years for those with significant criminal histories.

Beyond the courtroom, the collateral consequences are often just as damaging. A theft conviction is considered a "crime of moral turpitude" or a crime involving dishonesty. This label can make it nearly impossible to pass an employment background check for positions involving money, sensitive data, or trust. 

You may also face the loss of professional licenses in fields like nursing, law, or real estate, and non-citizens may face severe immigration consequences, including deportation.

How We Defend Theft & Larceny Charges