Theft

At the law office of O’Hara & O’Hara L.L.C. we represent clients who are arrested, cited, charged, or indicted for Theft crimes. We pride ourselves on offering professional attention to every case. Our lawyers are experienced and aggressive in Theft cases, and are not afraid to fight for our clients. We have been fighting for our clients for over 60 years.

We know how important it is for an individual to avoid a criminal record which could affect their career regarding Theft offenses. Our Attorneys provide our clients with smart, zealous, dedicated, caring, and hardworking representation.

We handle Theft cases in City, State, and Federal Courts throughout the State of Kansas. Our office is located in Wichita, Kansas. We work hard to protect the rights and the futures of our clients.

CONTACT OUR OFFICE AND SPEAK TO A LAWYER TODAY. INITIAL CONSULTATIONS ARE FREE.
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Kansas Aggressive Theft Defense

At O’Hara & O’Hara L.L.C. one of our areas of focus is Theft Defense law. Theft offenses can be complex and provide many legal issues. Our lawyers provide experienced, aggressive, and intelligent representation to our clients. The following is the Criminal Damage to Property statute for the State of Kansas:

Here are some specific acts that may constitute theft under Kansas law:

  • Identity Theft
  • Petty Theft
  • Grand Theft
  • Grand Theft Auto
  • Auto Theft
  • Theft of Services
  • Retail Theft
  • Shoplifting
  • Misuse of Public Funds
  • Counterfeiting
  • Embezzlement
  • Bribery
  • Receiving Stolen Property

The following are some of the Theft statutes for the State of Kansas:

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 period of 72 hours as part of the same act or transaction or in two or more acts or transactions connected together or constituting 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 convictions and the classification of the crime under this section.

21-3703 Theft of lost or mislaid property.

Theft of lost or mislaid property is failure to take reasonable measures to restore lost or mislaid property to the lawful owner by a person who has obtained control of such property, who knows or learns the identity of the owner thereof, and who intends to deprive the owner permanently of the possession, use or benefit of the property.

Theft of lost or mislaid property is a class A nonperson misdemeanor.

21-3704 Theft of services.

(a) Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device.

(b)  “Services” within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for use. For purposes of this section, rural water districts and rural electric cooperatives shall be considered public utilities.

(c)  “Tampering” within the meaning of this section, includes, but is not limited to:

(1)  Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a cable television service provider;

(2)  defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service;

(3)  preventing any such meters from properly measuring or registering;

(4)  knowingly taking, receiving, using or converting to such person’s own use, or the use of another, any electricity, water or natural gas which has not been measured; or any telephone or cable television service which has not been authorized; or

(5)  causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts.

(d)  In any prosecution under this section, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service, specified in subsection (c), shall be prima facie evidence of intent to violate the provisions of this section by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, water, telephone service or cable television service passing through such connections or meters, or using the electricity, natural gas, water, telephone service or cable television service which has not been authorized or measured.

(e)  (1)  Theft of services of the value of $ 100,000 or more is a severity level 5, nonperson felony.

(2)  Theft of services of the value of at least $ 25,000 but less than $ 100,000 is a severity level 7, nonperson felony.

(3)  Theft of services of the value of at least $ 1,000 but less than $ 25,000 is a severity level 9, nonperson felony.

(4)  Theft of services of the value of less than $ 1,000 is a class A nonperson misdemeanor.

21-3707 Giving a worthless check.

(a) Giving a worthless check is the making, drawing, issuing or delivering or causing or directing the making, drawing, issuing or delivering of any check, order or draft on any bank, credit union, savings and loan association or depository for the payment of money or its equivalent with intent to defraud and knowing, at the time of the making, drawing, issuing or delivering of such check, order or draft, that the maker or drawer has no deposit in or credits with the drawee or has not sufficient funds in, or credits with, the drawee for the payment of such check, order or draft in full upon its presentation.

(b)  In any prosecution against the maker or drawer of a check, order or draft payment, of which has been refused by the drawee on account of insufficient funds, the making, drawing, issuing or delivering of such check shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or on deposit with, the drawee: (1) Unless the maker or drawer pays the holder thereof the amount due thereon and a service charge not exceeding $ 30 for each check, within seven days after notice has been given to the maker or drawer that such check, draft or order has not been paid by the drawee. As used in this section, “notice” includes oral or written notice to the person entitled thereto. Written notice shall be presumed to have been given when deposited as restricted matter in the United States mail, addressed to the person to be given notice at such person’s address as it appears on such check, draft or order; or (2) if a postdated date is placed on the check, order or draft without the knowledge or consent of the payee.

(c)  In addition to all other costs and fees allowed by law, each prosecuting attorney who takes any action under the provisions of this section may collect from the issuer in such action an administrative handling cost, except in cases filed in a court of appropriate jurisdiction. The cost shall not exceed $ 10 for each check. If the issuer of the check is convicted in district court, the administrative handling costs may be assessed as part of the court costs in the matter. The moneys collected pursuant to this subsection shall be deposited into a trust fund which shall be administered by the board of county commissioners. The funds shall be expended only with the approval of the board of county commissioners, but may be used to help fund the normal operating expenses of the county or district attorney’s office.

(d)  It shall not be a defense to a prosecution under this section that the check, draft or order upon which such prosecution is based:

(1)  Was postdated, unless such check, draft or order was presented for payment prior to the postdated date; or

(2)  was given to a payee who had knowledge or had been informed, when the payee accepted such check, draft or order, that the maker did not have sufficient funds in the hands of the drawee to pay such check, draft or order upon presentation, unless such check, draft or order was presented for payment prior to the date the maker informed the payee there would be sufficient funds.

(e)  (1)  (A)  Giving a worthless check is a severity level 7, nonperson felony if the check, draft or order is drawn for $ 25,000 or more.

(B)  Giving a worthless check more than once within a seven-day period is a severity level 7, nonperson felony, if the combined total of the checks, drafts or orders is $ 25,000 or more.

(2)  (A)  Giving a worthless check is a severity level 9, nonperson felony if the check, draft or order is drawn for at least $ 1,000 but less than $ 25,000.

(B)  Giving a worthless check more than once within a seven-day period is a severity level 9, nonperson felony, if the combined total of the checks, drafts or orders is at least $ 1,000 but less than $ 25,000.

(3)  Giving a worthless check is a class A nonperson misdemeanor if the check, draft or order is drawn for less than $ 1,000.

(4)  Giving a worthless check, draft or order drawn for less than $ 1,000 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, been convicted of giving a worthless check two or more times.

At the law office of O’Hara & O’Hara L.L.C. our clients come first and we will do what it takes to defend and uphold your rights. Our attorneys have represented many clients who have faced Theft charges. In some instances, it is possible to resolve the case without going to trial. However, if the prosecutor is not willing to be reasonable, we are fully prepared to take the case to trial. We will do what is in our client’s best interests. Since deciding to settle or take the case to trial is always our client’s decision, we will supply the legal advice needed to help our clients make an informed and intelligent decision.

Proven Theft Defense Results in Wichita, Kansas

We will defend you or your loved ones criminal case aggressively. Our experienced Theft Criminal Defense Attorneys take pride in their work and their case results reflect their dedication to the client. Regardless if you or your loved one has been charged with, being investigated for or accused of a Theft Offense, you need aggressive representation immediately.

Contact an Experienced Kansas Theft Defense Lawyer

We know that criminal charges are difficult, requiring hard work and dedication on the part of a defense lawyer. We work hard to protect the rights and the futures of our clients. We offer a free Theft consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and advice will be offered to you on how to proceed. If you choose to retain us, it will be our goal to provide you with a service that will be of benefit to you and your family.

Contact us at 316.263.5601 for a consultation to discuss your legal options regarding a Theft Offense. Or stop by to visit us at our office at:1223 East First Street – Wichita, Kansas 67214


O'Hara & O'Hara L.L.C. is a Law Office in Wichita, Kansas, that represents clients facing Criminal Defense law, Family Law, and Immigration Law cases throughout the State of Kansas.