Kirkwood Theft Lawyer

Theft and Stealing Charges We Defend in Kirkwood, Missouri

Missouri prosecutes most theft as stealing under §570.030, and the level of the charge depends mainly on the value of what was taken.

Common Theft Charges in Missouri

Theft covers a wide range of conduct, and the charges we defend in Kirkwood and across St. Louis County include the following.

• Shoplifting, charged under the stealing statute, is the most common theft offense and often a person’s first brush with the law.
• Stealing covers taking property or services of any kind, whether by physical taking, deceit, or coercion.
• Receiving stolen property applies to keeping or disposing of property a person knew or believed was stolen, and it carries the same penalties as stealing.
• Motor vehicle theft is a felony regardless of the vehicle’s value.
• Credit card fraud and identity theft are financial crimes that often bring multiple counts and, at times, federal exposure.

When Theft Becomes a Felony in Missouri

The dividing line between a misdemeanor and a felony theft is usually value. Taking property worth $750 or more is a Class D felony, and property worth $25,000 or more is a Class C felony. Below $750, stealing is a misdemeanor, though the class rises with a person’s record. Value is not the only trigger, however.

Missouri makes stealing a felony regardless of value when the property is a firearm, a motor vehicle, a credit card, a controlled substance, or is taken directly from a person, and someone with three prior stealing convictions within ten years faces a felony on the next charge as well. Prosecutors can also combine the value of items taken in a single course of conduct (§570.020) to push a case over the felony line, which is one of the first things we examine.

Why a Theft Conviction Is Especially Damaging

A theft conviction is what the law calls a crime of dishonesty, and that sets it apart from many other offenses. Employers treat it as a warning sign, professional and financial licenses can be denied or revoked over it, and in court a prior theft conviction can be used to attack a person’s credibility as a witness. The property at stake in a theft case is often worth far less than the job or the reputation a conviction can cost. That is why we work to resolve these cases without a conviction wherever the facts allow, through restitution, a diversion program, or amendment to a non-theft offense, and why a later expungement can matter so much when a conviction has already occurred. For a first offense in particular, keeping the case off the record is often achievable, and it is almost always worth the effort.

Shoplifting and Retail Theft in Kirkwood

Shoplifting is the theft charge we see most often, and Missouri prosecutes it under the same stealing statute as any other theft, with the value of the merchandise setting the level of the offense. These cases usually begin with a store’s loss-prevention team, which is allowed to detain a suspected shoplifter, and they often rest on surveillance video and an employee’s account rather than independent proof.

One feature of retail theft surprises many people: after an alleged shoplifting, the store or its lawyers may send a civil demand letter asking for a payment. That demand is a separate civil matter, and paying it does not resolve or dismiss the criminal charge. We make sure clients understand the difference, and for a first-time retail theft, we look hard at diversion or an outcome that leaves no conviction on the record. A shoplifting charge feels minor, but the conviction it can leave behind is the same crime of dishonesty that any other theft creates.

Organized Retail Theft in Missouri

Missouri has singled out organized retail theft for tougher treatment. When a person acts as part of a coordinated effort to steal merchandise for resale, and the value taken, combined with any related property damage, reaches $750 but stays under $10,000, the offense is a Class C felony (§570.030), a far more serious charge than the value alone would suggest. Prosecutors have pushed these cases hard in recent years, and the charge sometimes sweeps in people whose actual involvement was minor. We look closely at whether the state can prove the coordination the charge requires, rather than simply a group of people who happened to be in the same store.

Employee Theft and Embezzlement Charges in Missouri

Missouri has no separate embezzlement statute. Taking money or property from an employer is charged as stealing under §570.030, usually as stealing by deceit, and because the amounts often add up over months, these cases are frequently filed as felonies. They also tend to be built on records: accounting entries, inventory counts, register logs, and email. That paper trail can cut both ways, and a careful review often shows gaps between what the records prove and what the charge assumes. Because a workplace theft charge involves an alleged breach of trust, resolving it quietly and, where possible, without a conviction can protect a career as much as a record.

Defenses to Theft Charges in Missouri

Theft cases turn on intent and ownership, and both can be contested.

• No intent to deprive. Stealing requires a purpose to permanently deprive the owner. Borrowing, a genuine misunderstanding about permission, or a claim of right can each defeat that element.
• A dispute over value. Because value sets the charge, challenging an inflated valuation can bring a felony down to a misdemeanor.
• Rightful ownership or claim of right. A person who took property they reasonably believed was their own has a defense.
• The search and the evidence. As in any case, evidence gathered through an unlawful search can be suppressed, and surveillance video often shows less than a report claims.
• Knowledge, in receiving cases. Receiving stolen property requires knowing or believing the property was stolen, which the state must prove.
• Duress or authorization. Acting under a threat, or with the owner’s permission, can be a complete answer to a stealing charge.

Where Theft Cases Are Heard in St. Louis County

A misdemeanor theft can be handled in a municipal court such as the Kirkwood Municipal Court, while felony theft is prosecuted by the St. Louis County Prosecuting Attorney and heard in the Circuit Court of St. Louis County in Clayton. Retail theft cases from Kirkwood-area stores frequently begin with a store’s loss-prevention report, and the strength of that report, and the video behind it, is often where the defense starts.

Why Choose Our Kirkwood Theft Defense Attorneys

We prepare every theft case as if it is going to trial, and we obtain all discovery, especially video, on every case, because surveillance footage and loss-prevention records decide many of these cases. We handle theft charges on a flat fee agreed at the outset, with flexible payment plans, so the cost is clear and a real defense stays within reach. Our consultations are free, and whether a client was wrongly accused or made a mistake, we work to protect both a clean record and a good name. In a theft case, that reputation is often the most valuable thing on the line.

Free consultations are available 24/7 at our office near Kirkwood in Sunset Hills.

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References

• §570.030, RSMo [Stealing; penalties]
• §570.020, RSMo [Determination of value; aggregation]
• §570.223, RSMo [Identity theft]
• §570.130, RSMo [Fraudulent use of a credit device]
• §558.011, RSMo [Authorized terms of imprisonment]
• §558.002, RSMo [Fines by classification]
• §610.140, RSMo [Expungement of criminal records]