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Theft and Stealing Lawyer in St. Louis

A padlock and key rest on chains

Stealing charges come in all shapes and sizes. They can range from a municipal ordinance violation or a simple misdemeanor all the way up to a serious felony with serious prison time. The distinction is often in the valued amount of the stealing charge; with lower dollar values being lesser charges and higher dollar values being more serious. Stealing charges can also vary between what was stolen. For example, stealing a firearm, stealing a credit card or stealing prescription drugs may be considered more serious and can carry enhancements from other types of stealing charges based upon what was stolen. Regardless of the nature of your stealing charge, the negative connotations and implications are the same. Having a conviction for stealing of any sort on your record makes you automatically untrustworthy to your current or future employer. In a competitive job market, you can ill afford to take a stealing conviction on your criminal record if you want any chance of being hirable down the road. The top attorneys at The People’s Counsel have experience in handling all varieties of stealing cases and keeping harmful convictions off of our clients’ records. A cautionary tale of how serious even minor stealing charges can be…

Ten years ago a young man had a bit too much to drink at mardi gras and took a cab home. On the way home, he fell asleep and became disoriented upon being awoken by the cab driver. He got out of the cab and ran off, having no criminal intent to “steal” whatsoever. He hired The People’s Counsel to handle the municipal charge of stealing. Our attorneys, knowing the severe stigma that these types of charges can create, did everything in their power to keep this presumably “minor” offense off of our client’s record. Many people wouldn’t have thought twice about it. We were able to get an amended charge (therefore not stealing) and our client went on about his life. Eight years later he called us in a panic; he had grown up and become a bigshot financial investor and his company had come across this incident on an in-depth background check. They said unless it was a mistake he would be terminated. Luckily, he had the foresight to hire our firm all those years prior and we were able to pull his file and contact the court to correct the mistake on the background check. Needless to say, even if you don’t think a minor stealing charge will affect you today, you don’t want it to haunt you in the future.

REDUCED CHARGES

The top rated lawyers at The People’s Counsel have a solid track record of reducing stealing charges and minimizing punishment. They have successfully reduced felony stealing charges to misdemeanor charges and our lawyers are renowned for negotiating dispositions that result in reduced charges. In other situations it might be possible to negotiate a reduction in charge and in type, therefore escaping the negative stigma attached to stealing allegations. All cases will be different but our lawyers are well-versed in stealing cases and will pursue all possible options vigorously on behalf of our clients.

PROBATION

Stealing charges quickly become felonies when the value is alleged to be over $500. To compound the problem, repeat offenders often face enhanced charges and sentences, making even simple stealing charges problematic building blocks for future, more serious charges. Therefore, it is always best, to keep even minor stealing charges off of your criminal record. One way to accomplish this is through negotiating probation. Although successful completion of probation is strictly up to the client; the successful negotiation for probation is the product of our top lawyers’ hard work and reputation. We will work with prosecutors to negotiate terms of probation that will benefit everyone involved but most importantly, our clients. Sometimes the difference between probation and a conviction can lie with the individual discretion of the judge presiding over your case. The experienced lawyers at The People’s Counsel take this into account early on in your case as it is the only chance to disqualify an unfavorable judge. A less experienced lawyer may not know the difference between one judge and the next; whereas our experienced lawyers know that certain judges are more likely to be strict on these crimes and we are able to steer our clients toward a more favorable judge that will be more likely to consider probation.

TRIAL

As with all criminal charges, your right to a fair trial is your only guarantee. The trial lawyers at The People’s Counsel have tried numerous stealing cases to not guilty verdicts at jury trial. There have been cases where a fair plea bargain was negotiated but going to trial and winning was still a better option. There are often other situations where our ability to stand firm and be confident in the case at trial has resulted in dismissals on the eve of trial. In other words, on stealing cases in particular, prosecutors are more willing to bluff a trial in order to get you to plead guilty. Other attorneys that have no intention of going to trial will have no choice but to fold and encourage their clients to plead guilty for a deal. Sometimes a plea bargain is the best option but not always; our lawyers’ skill and winning reputation puts the option of trial on your side.

RSMo 570.030

Stealing

  1. A person commits the offense of stealing if he or she:
    1. Appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion;
    2. Attempts to appropriate anhydrous ammonia or liquid nitrogen of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion; or
    3. For the purpose of depriving the owner of a lawful interest therein, receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
  2. The offense of stealing is a class A felony if the property appropriated consists of any of the following containing any amount of anhydrous ammonia: a tank truck, tank trailer, rail tank car, bulk storage tank, field nurse, field tank or field applicator.
  3. The offense of stealing is a class B felony if:
    1. The property appropriated or attempted to be appropriated consists of any amount of anhydrous ammonia or liquid nitrogen;
    2. The property consists of any animal considered livestock as the term livestock is defined in section 144.010, or any captive wildlife held under permit issued by the conservation commission, and the value of the animal or animals appropriated exceeds three thousand dollars and that person has previously been found guilty of appropriating any animal considered livestock or captive wildlife held under permit issued by the conservation commission. Notwithstanding any provision of law to the contrary, such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before he or she is eligible for probation, parole, conditional release, or other early release by the department of corrections;
    3. A person appropriates property consisting of a motor vehicle, watercraft, or aircraft, and that person has previously been found guilty of two stealing-related offenses committed on two separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense;
    4. The property appropriated or attempted to be appropriated consists of any animal considered livestock as the term is defined in section 144.010 if the value of the livestock exceeds ten thousand dollars; or
    5. The property appropriated or attempted to be appropriated is owned by or in the custody of a financial institution and the property is taken or attempted to be taken physically from an individual person to deprive the owner or custodian of the property.
  4. The offense of stealing is a class C felony if the value of the property or services appropriated is twenty-five thousand dollars or more.
  5. The offense of stealing is a class D felony if:
    1. The value of the property or services appropriated is seven hundred fifty dollars or more;
    2. The offender physically takes the property appropriated from the person of the victim; or
    3. The property appropriated consists of:
      1. Any motor vehicle, watercraft or aircraft;
      2. Any will or unrecorded deed affecting real property;
      3. Any credit device, debit device or letter of credit;
      4. Any firearms;
      5. Any explosive weapon as defined in section 571.010;
      6. Any United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open;
      7. Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri;
      8. Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States;
      9. Any book of registration or list of voters required by chapter 115;
      10. Any animal considered livestock as that term is defined in section 144.010;
      11. Any live fish raised for commercial sale with a value of seventy-five dollars or more;
      12. Any captive wildlife held under permit issued by the conservation commission;
      13. Any controlled substance as defined by section 195.010;
      14. Ammonium nitrate;
      15. 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
      16. 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.
  6. The offense of stealing is a class E felony if:
    1. The property appropriated is an animal; or
    2. A person has previously been found guilty of three stealing-related offenses committed on three separate occasions where such offenses occurred within ten years of the date of occurrence of the present offense.
  7. The offense of stealing is a class D misdemeanor if the property is not of a type listed in subsection 2, 3, 5, or 6 of this section, the property appropriated has a value of less than one hundred fifty dollars, and the person has no previous findings of guilt for a stealing-related offense.
  8. The offense of stealing is a class A misdemeanor if no other penalty is specified in this section.
  9. If a violation of this section is subject to enhanced punishment based on prior findings of guilt, such findings of guilt shall be pleaded and proven in the same manner as required by section 558.021.
  10. The appropriation of any property or services of a type listed in subsection 2, 3, 5, or 6 of this section or of a value of seven hundred fifty dollars or more may be considered a separate felony and may be charged in separate counts.
  11. The value of property or services appropriated pursuant to one scheme or course of conduct, whether from the same or several owners and whether at the same or different times, constitutes a single criminal episode and may be aggregated in determining the grade of the offense, except as set forth in subsection 10 of this section.

Recent Successes with Stealing

  • ST. LOUIS COUNTY MAN CHARGED WITH 1ST DEGREE ROBBERY AND ARMED CRIMINAL ACTION HAS HIS CASE DISMISSED ON THE MORNING OF TRIAL (CASE DISMISSED)
  • ROBBERY CHARGES DISMISSED AFTER ALIBI IS CORROBORATED BY VIDEO SURVEILLANCE, (CASE DISMISSED)
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Reviews of The People’s Counsel

  • ★★★★★ “Highly recommend if you are looking for a trustworthy team to work on your behalf!” —Ashley Rohr
  • ★★★★★ “Charles and Tom are the BEST criminal defense lawyers EVER!!” —James Tucker
  • ★★★★★ “Great price, great communication, great lawyer!!” —Teighlor Payne
  • ★★★★★ “I have worked with Charles Barberio twice now and have been incredibly impressed with his professionalism…” —Carrie Gracey
  • ★★★★★ “Counselor Barberio is prompt and fair. He has always taken care of whatever legal needs arise.” —Alex Fechner
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