What are the Elements and Penalties for a Stealing Charge in Missouri?

In Missouri, the criminal offense of Stealing can be prosecuted as a felony or misdemeanor, depending on the property which is stolen. In this article, I will explain the elements of the crime, potential defenses, and the maximum penalties for the different severity levels of the offense. For a free consultation with a criminal defense attorney, contact The Law Offices of Benjamin Arnold by calling (913) 777-HELP, or visiting kcdui.com.

Elements of the Offense

In Missouri, a person commits the offense of stealing if they appropriate the property of another with the intent to deprive him or her thereof, either without consent, or by means of coercion or deceit. A person may also be charged with stealing if, for the purpose of depriving its’ lawful owner and knowing or believing the property to be stolen, such person receives, retains, or disposes the property.

Appropriates, retains, or receives the property or services of another

This is a fancy way of saying “takes, keeps, or receives something”. The something can be property, such as a wallet or car, or can be a service, such as a haircut or vehicle repair. Note that someone can be guilty of stealing even if the property was actually taken by a third person. Retaining or receiving property knowing or believing it to be stolen is enough.

With the intent to deprive him or her thereof

This element is met if it is shown that the alleged thief took the property or service with the intent to not give it back to the victim. Simply borrowing something is not enough to give rise to the intent to deprive.

Without consent or by means of deceit or coercion

Stealing can obviously be accomplished by taking someone else’s property without their consent. However, someone can also be charged with stealing if they trick or intimidate someone into giving them the property.

Severity of the Offense

The Missouri criminal offense of Stealing can be charged as either a felony or a misdemeanor, depending on the nature and/ or value of the stolen property, as well as the number of previous convictions for stealing. A Missouri criminal defense attorney may be able to negotiate with the prosecutor to have charges dismissed or dropped depending on the evidence against you.

Stealing as a Class D Misdemeanor

Generally, if the value of the stolen property is less than $150, and it is the first stealing offense, it will be charged as a Class D Misdemeanor, which carries a maximum fine of $500.

Stealing as a Class A Misdemeanor

If the value of the stolen property exceeds $150, but is less than $750, or the offender has prior convictions for stealing, they may be charged with a Class A Misdemeanor, carrying up to one (1) year in jail and/ or a fine of up to $2,000.

Stealing as a Class E Felony

Stealing is charged as a Class E Felony if the offender has three or more prior convictions for stealing-related offenses, or if the property is an animal or a catalytic converter. A Class E Felony carries a potential four (4) year prison sentence.

Stealing as a Class D Felony

The offense of stealing is a Class D Felony, punishable by up to seven (7) years in prison, if the value of the property or services appropriated exceeds $750, the offender physically takes the property appropriated from the person of the victim; or the property is one of the following:

(a) Any motor vehicle, watercraft or aircraft;

(b) Any will or unrecorded deed affecting real property;

(d) Any firearms;

(e) Any explosive weapon as defined in section 571.010;

(f) Any United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open;

(g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri;

(h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States;

(i) Any book of registration or list of voters required by chapter 115;

(j) Any animal considered livestock as that term is defined in section 144.010;

(k) Any live fish raised for commercial sale with a value of seventy-five dollars or more;

(l) Any captive wildlife held under permit issued by the conservation commission;

(m) Any controlled substance as defined by section 195.010;

(n) Ammonium nitrate;

(o) Any wire, electrical transformer, or metallic wire associated with transmitting telecommunications, video, internet, or voice over internet protocol service, or any other device or pipe that is associated with conducting electricity or transporting natural gas or other combustible fuels; or

(p) Any material appropriated with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues.

Stealing as a Class C Felony

Stealing property valued at over $25,000 is a Class C Felony, carrying a punishment of at least three (3) years and no more than ten (10) years in prison.

Stealing as a Class B Felony

Generally if the property stolen is a motor vehicle, watercraft, aircraft, or livestock valued at over $10,000, the offense will be charged as a Class B Felony, carrying a sentence of at least five (5) years but no more than ten (10) years in prison.

Stealing as a Class A Felony

Stealing is generally only charged as a Class A Felony if the property is anhydrous ammonia. In Missouri, a Class A Felony is as serious as it gets- carrying ten (10) to thirty (30) years, even potentially life in prison.

The Takeaway

Despite a grim outlook, it is not impossible to beat a criminal charge of Stealing. A skilled attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.