There are many ways to steal, so it only makes sense that there are a variety of Kansas laws which deal with theft. One of the defining characteristics of any type of theft is that the person who commits the offense intends to permanently remove the item from its owner’s possession. Once someone has that intent, that person must then commit one of the four acts that constitute theft. A person can commit theft by obtaining unauthorized control over property, using threats to obtain property, using fraud or deception to obtain property, or obtaining property that they know is stolen.
The value of the property that has been stolen plays a role in how a theft will be classified, as does the criminal history of the person who committed the theft. In general, if the value of the property or services that were stolen is under a thousand dollars, if lost property is stolen, or if a bogus check is written for any value under one thousand dollars, the offense is a petty theft, which is a class A nonperson misdemeanor. Anyone who is convicted of petty theft could be required to spend up to a year in county jail. They may also be fined up to $2500.00.
If the goods or services which were stolen are between one thousand and twenty five thousand dollars in value, the theft rises to the level of a severity level nine nonperson felony. There is also another theft scenario which is classified as a severity level nine nonperson felony, and that is when property of any value is stolen from three separate stores within a seventy-two hour period of time. The sentence for someone who is convicted of this type of theft is seven to nine months, with fines of up to one hundred thousand dollars.
The theft of property or services with a value between twenty five thousand dollars and one hundred thousand dollars is a severity level seven nonperson felony. If someone is convicted of this type of theft, they could spend a minimum of eleven to thirteen months in prison and be required to pay a fine of up to one hundred thousand dollars.
Thefts involving property and/or services with a value over one hundred thousand dollars are classified as severity level five nonperson felonies. The punishment for thefts of this nature may include a sentence of thirty one to thirty four months and fines of up to three hundred thousand dollars.
As mentioned before, the criminal history of a defendant also plays a role in the classification of a theft as well as the punishment for it. The punishments described above are all for people with little to no criminal history. Those with more offenses on their records will receive charges and penalties that reflect the amount and type of offenses which are in their records.
Shoplifting is one type of theft, and in addition to the crimes and penalties listed above, there are civil penalties which may be imposed on the person who committed the offense, or their parents if the person was a minor, under certain circumstances. For example, if the item is returned to the store in such a condition that it cannot be resold, then the person who took the item or their parents, if they are a minor, must pay twice the retail value of the item, or fifty dollars, whichever is greater, up to a maximum of five hundred dollars.
If you have been accused of any kind of theft, an experienced Kansas Criminal Defense Attorney can help you to avoid conviction whenever possible. They can also help to lessen the impact of a conviction on your life when conviction cannot be avoided. To learn more about how a Kansas criminal defense attorney can help you, please call our Wichita office today at (316) 264-1548.