2016 Changes To Kansas Theft And Burglary Charges
Recent updates to Kansas’ theft and burglary statutes went into effect on July 1, 2016 which change when and how suspects will be charged with property crimes. The changes are important because many theft and burglary charges are made based on the circumstances of the offense, value of the property allegedly taken, and whether or not the defendant has a criminal background.
Sometimes, charges for suspected crimes can be reduced or thrown out altogether by convincing courts statutes were improperly applied because the allegedly stolen property may not be of a high enough value to fit the crime. Having an experienced Kansas criminal defense attorney in these situations can make all the difference in the world when trying to clear one’s good name.
Burglary to open business
Burglary is no longer an applicable charge when theft occurs at an open business under House Bill 2462, except when the purpose to enter the building is to commit assault or a sexually motivated crime. An example would be going into a retail store and hiding out to steal items after the business is closed.
Illegally entering a building by breaking in or otherwise entering unlawfully is a key element for law enforcement and prosecutors to establish a burglary took place. Without the two key elements of breaking into a building and doing so to commit a crime like theft, assault, or a sex crime, prosecutors cannot prove burglary was committed.
The sentence for first-time offenders is one year in prison. Additionally, the circumstances of the crime will greatly impact sentencing on any other crimes committed in the future.
Felony theft
Stolen property now must be valued at at least $1,500 to charge suspects with a level 9 felony for theft, and increase from the previous amount of $1,000. Furthermore, stolen property in misdemeanor thefts must be worth at least $50 to qualify for felony charges under Kansas’ statute for felony charges for repeat offenders.
Olathe criminal defense attorney
If you were charged with theft or burglary or any other crime in Kansas, contact the Morrison Law Firm, LLC for a consultation about your case, call today at (913) 780-6666. As the former Kansas Attorney General with another 18 years of experience as the Johnson County District Attorney, Paul Morrison knows how to win and get results for his clients.
