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You are at:Home | Law | Kansas City Shoplifting Lawyer Explains Legal Defenses for Theft Cases
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Kansas City Shoplifting Lawyer Explains Legal Defenses for Theft Cases

MatthewBy MatthewAugust 7, 2025No Comments7 Mins Read
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Shoplifting is a theft crime. Missouri courts treat it seriously. You can face fines, jail, or both. A criminal record can also hurt your future. However, just because you were arrested doesn’t mean that you are guilty. An experienced local Kansas City shoplifting lawyer can fight your case and protect your legal rights.

Table of Contents

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  • Definition of Shoplifting in Kansas City
  • Why Charges for Shoplifting Are Serious
  • How a Kansas City Shoplifting Lawyer Helps
  • Common Defenses to Shoplifting Charges
    • 1. No Intent to Steal
    • 2. Mistaken Identity
    • 3. You Were Still Inside
    • 4. Wrong or Missing Evidence
    • 5. Police or Store Broke the Rules
  • What Happens After a Shoplifting Arrest?
    • 1. Citation or Arrest
    • 2. Arraignment
    • 3. Pretrial Hearings
    • 4. Trial (if applicable)
  • What are the ramifications of shoplifting?
    • Petty Theft (less than $150)
    • Misdemeanor Theft (under $750)
    • Felony Theft (over $750)
  • Can You Avoid Jail?
  • Will Shoplifting Stay on My Record?
  • What If You Were Under 18?
  • How Much Does a Shoplifting Lawyer Cost?
  • Can You Get a Plea Deal?
  • What to Do After a Charge
  • Why You Should Act Fast
  • FAQs
    • 1. What if I accidentally grabbed the item?
    • 2. If I was caught stealing, can I return to the same store?
    • 3. What if I did not go to court?
    • 4. Is shoplifting a crime and will it show up on a background check?
    • 5. I have a shoplifting record, can I still get a job?

Definition of Shoplifting in Kansas City

Shoplifting is not just theft of merchandise simply by walking out of the store with unpaid merchandise. You can be charged with shoplifting for:

  • Hiding merchandise in a purse or coat
  • Changing or switching price tags
  • Removing security tags
  • Helping someone else steal
  • Leaving a store without paying (even by accident)

If that item was worth less than $750 it’s a misdemeanor. More than $750 is a felony. First-time offenders can have serious trouble too. That is why legal advice can be so important.

Why Charges for Shoplifting Are Serious

A theft charge can follow you for years. It can make it harder to:

  • Get a job
  • Rent a home
  • Apply for college
  • Pass a background check

Even petty theft can cause major problems if it’s on your record.

You also risk:

  • Time in jail or prison
  • Expensive fines
  • Probation or court supervision
  • Community service
  • Restitution to the store

Some stores even sue people for the cost of stolen items—even if they’re returned.

How a Kansas City Shoplifting Lawyer Helps

A lawyer looks at all sides of the case. They know how the law works and what defenses are possible. They will:

  • Examine the evidence
  • Challenge false claims
  • File motions to dismiss weak charges
  • Negotiate with the prosecutor
  • Push for a better outcome

Many times, lawyers help people avoid jail. For minor cases, they can ask for programs that keep your record clean.

Common Defenses to Shoplifting Charges

Not every theft charge leads to a conviction. Here are strong defenses your lawyer may use:

1. No Intent to Steal

Intent is key. If you didn’t mean to steal, it might be a misunderstanding. Example: You forget to scan an item at self-checkout. Or your child puts something in the cart without you knowing. Your lawyer can show you lacked criminal intent.

2. Mistaken Identity

Stores often rely on video. But cameras aren’t always clear. You may look like someone else. Or a witness may point to the wrong person. A good lawyer can review all footage and records to prove your innocence

3. You Were Still Inside

Theft laws apply when someone leaves without paying. If you were still inside the store, it’s not theft yet. Your lawyer can argue you didn’t try to leave or hide the item.

4. Wrong or Missing Evidence

Sometimes, the store loses key evidence. Maybe the camera didn’t work. Maybe security made a false claim. If there’s not enough proof, the charge may be dropped.

5. Police or Store Broke the Rules

You have legal rights. If those rights were broken, your case may be thrown out.

Examples:

  • No Miranda warning
  • Illegal search of your bag or pockets
  • Coerced or forced statements

Your lawyer will spot these issues and raise them in court.

What Happens After a Shoplifting Arrest?

Here’s what to expect if you’re charged in Kansas City:

1. Citation or Arrest

For small thefts, police may give you a citation with a court date. If the charge is bigger, you might be arrested.

2. Arraignment

This is your first court date. You hear the charge and enter a plea. Bring a lawyer if you can.

3. Pretrial Hearings

The court may offer a deal. Or your lawyer may ask to dismiss the case. If it’s not resolved, it may go to trial.

4. Trial (if applicable)

The parties will be seen or heard at trial, and the judge or jury will learn whether or not the defendant is guilty (legally, of theft).

What are the ramifications of shoplifting?

The ramifications depend on many factors including, the amount of property taken by the defendant, the defendant’s previous history of crime.

Petty Theft (less than $150)

  • Class D misdemeanor
  • Fine up to $500
  • No jail for first-time charge

Misdemeanor Theft (under $750)

  • Class A misdemeanor
  • Up to 1 year in jail
  • Fine up to $2,000

Felony Theft (over $750)

  • Class D felony
  • Up to 7 years in prison
  • Larger fines

Felony charges also bring long-term consequences, including voting and job limits.

Can You Avoid Jail?

Yes. In many cases, your lawyer can request:

  • Diversion programs (counseling or classes)
  • Community service
  • Probation instead of jail

First-time offenders often qualify for these. Your lawyer will ask the court for alternatives to jail time.

Will Shoplifting Stay on My Record?

Yes—unless you clear it. A conviction becomes part of your permanent criminal record.

But you may be able to:

  • Seal your record
  • Expunge the charge

Your lawyer will check if you qualify. This depends on your record and the charge type.

What If You Were Under 18?

Minors go to juvenile court. The focus is more on help than punishment.

Penalties may include:

  • Warning or probation
  • Counseling
  • School programs
  • Community service

Juvenile records may be sealed after time. But teens still need a lawyer. A mistake now can affect the future.

How Much Does a Shoplifting Lawyer Cost?

Costs vary. Some charge by the hour. Some offer flat fees. Ask about:

  • Free consultations
  • Payment plans
  • Sliding fees

Many lawyers understand that people make mistakes and may work with your budget.

Can You Get a Plea Deal?

Yes. Prosecutors often offer a lighter sentence if you plead guilty. But plea deals are tricky. You give up your right to fight the charge. A lawyer can help decide if the deal is fair. Never accept a deal without legal advice.

What to Do After a Charge

Here’s how to protect yourself:

  • Don’t talk to police or store staff
  • Don’t post about it online
  • Don’t return to the store
  • Hire a lawyer as soon as you can

Anything you say or do can be used against you.

Why You Should Act Fast

Time matters in theft cases. Waiting too long may limit your options. A lawyer can:

  • Review evidence early
  • Protect your rights
  • Ask for diversion before trial
  • Prevent your record from growing

Call a skilled and affordable criminal defense lawyer in Kansas City right away.

FAQs

1. What if I accidentally grabbed the item?

You should consult your attorney. If there was no intent to steal it, you may not be guilty.

2. If I was caught stealing, can I return to the same store?

Most stores will ban you. Simply returning may result in them filing a trespassing charge.

3. What if I did not go to court?

The court may have issued an arrest warrant. Contact a lawyer right away to find a way to be rid of it.

4. Is shoplifting a crime and will it show up on a background check?

Yes. Convictions from a shoplifting case or even an arrest may show up on a background check unless it is cleared.

5. I have a shoplifting record, can I still get a job?

It would be more challenging. Employers could see it as a trust issue and not want to hire you because of recommendations on their behalf. That is why clearing your record will help.

Matthew
  • Website

Matthew Ukwadia is a seasoned author, professional blogger, and SEO specialist with extensive experience in crafting engaging content. With a wealth of knowledge spanning various niches, Matthew has successfully built numerous blogs that resonate with diverse audiences. His expertise in writing and SEO drives an impactful online presence.

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