LARCENY/THEFT
LARCENY/THEFT
OVERVIEW
When police accuse you of theft or larceny in Missouri, they put your freedom, reputation, and future at risk. A theft charge can lead to jail time, heavy fines, and a permanent criminal record that affects your job, housing, and more.
Missouri law treats theft seriously, whether it involves shoplifting from a store, taking property from an employer, or being accused of fraud or deception. These cases come in many forms—but in every situation, you need a skilled defense attorney to protect your rights and push back against the prosecution.
At The Hartley Law Firm, we defend people against theft charges every day. We listen to your side, examine the facts, and challenge the evidence. Whether this is your first offense or you’ve dealt with the system before, we’ll fight to get you the best possible result.
WHAT QUALIFIES AS LARCENY/THEFT IN MISSOURI?
Under Missouri law, you commit theft when you take someone else’s property or services without their consent and intend to keep it from them permanently. The law doesn’t require you to walk out with stolen goods—police and prosecutors can still charge you if they believe you meant to steal.
You can face theft charges for:
Physically taking items (shoplifting, auto theft, etc.)
Deceiving someone to give you property or money
Keeping lost or misdelivered property without trying to return it
Receiving or possessing stolen goods
The law defines theft broadly, which means prosecutors have many ways to build a case against you. That’s why it’s critical to have a defense attorney who knows how to push back.
THEFT CHARGES AND PENALTIES IN MISSOURI
Missouri classifies theft based on the value of the property involved. The more something is worth, the more serious the charge.
Theft – Value Under $750 – Class A Misdemeanor
If the property is worth less than $750, prosecutors can charge you with a misdemeanor. A conviction can still lead to up to 1 year in jail and a fine of up to $2,000.
Theft – Value $750 or More – Class D Felony
If the stolen property is worth $750 or more, you face felony charges. A Class D felony carries up to 7 years in prison.
Theft – Value $25,000 or More – Class C Felony
Stealing property valued at $25,000 or more will lead to even more serious charges. A Class C felony carries a penalty of 3 to 10 years in prison.
Other Factors That Increase Penalties
Stealing a firearm or explosive always leads to a Class D felony, regardless of value.
Prior theft convictions can enhance future charges.
COMMON SCENARIOS WE SEE
Theft cases aren’t always about “career criminals.” Many people we defend never thought they’d end up in this situation. Here are a few examples of cases we regularly handle:
Shoplifting Mistakes
People often face charges after forgetting to scan an item or accidentally leaving a store without paying. Store staff may accuse you of theft before you even have a chance to explain.
Employee Theft Allegations
Sometimes, employers jump to conclusions when something goes missing. We’ve seen cases where coworkers blamed the wrong person, or companies filed charges with little evidence.
Borrowed or Shared Property Disputes
Disagreements between friends, family members, or roommates can lead to accusations of theft. One person may claim you stole something that you believed you had permission to use or keep.
Misunderstandings with Online Sales or Cash Apps
We see more theft cases involving digital transactions—Facebook Marketplace disputes, Cash App errors, or Venmo requests gone wrong. These can escalate quickly into criminal charges.
DEFENSES AGAINST THEFT CHARGES
REMEMBER: A charge is just a charge, it’s not a conviction yet. You are presumed innocent unless and until proven guilty. Our job is to challenge the prosecution and protect your rights. Here are some common defenses we use in theft cases:
You Didn’t Intend to Steal
Intent matters. If you didn’t plan to take something permanently—or didn’t realize it wasn’t yours—the charge may not hold up.
You Had Consent or Ownership
If you believed you had permission to take or use the item, we can build a defense based on that. Theft requires unlawful taking, not just confusion or miscommunication.
Someone Else Committed the Theft
We’ve handled many cases involving mistaken identity, false accusations, or unreliable video footage. If someone else committed the theft, we’ll work to prove it.
The Police Violated Your Rights
If officers searched you illegally or obtained evidence improperly, we can ask the court to throw that evidence out. A rights violation can weaken the prosecution’s case—or lead to a dismissal.
HOW WE CAN HELP
Facing a theft charge can be overwhelming—but you don’t have to face it alone. At The Hartley Law Firm, we bring experience, strategy, and results-driven advocacy to every case we handle. No matter the charge, we’re here to fight for you!
Here’s what we do for you:
1. Thorough Case Evaluation
We’ll start by reviewing the details of your arrest, the alleged conduct involved, and how law enforcement conducted the search or seizure. Our team looks for any legal flaws, rights violations, or procedural mistakes that could lead to a dismissal or suppression of evidence.
2. Build a Tailored Defense Strategy
No two cases are the same. We develop a defense strategy based on the specific facts of your case—whether that means challenging identity, disputing the value of the items stolen, or arguing unlawful police conduct.
3. Negotiate on Your Behalf
In many cases, we can negotiate reduced charges, alternatives to jail, or entry into diversion program. Our relationships with local prosecutors and our knowledge of Missouri’s legal system give us a strong negotiating position on your behalf.
4. Relentlessly Fight for You in Court
If your case goes to trial, we’re ready to defend you in court. We have the trial experience and legal skill necessary to challenge the evidence, cross-examine witnesses, and advocate for a not guilty verdict.
5. Protect Your Rights and Your Freedoms
A conviction can affect your job, housing, education, and even your right to vote or own a firearm. Our goal is to help you avoid a criminal record or minimize the long-term impact of these charges on your life.
FREQUENTLY ASKED QUESTIONS
What if I returned the item?
Returning stolen property may help during sentencing or negotiations, but it doesn’t erase the charge. Prosecutors can still pursue the case unless we resolve it through dismissal or diversion.
What’s the difference between theft and burglary?
Theft involves taking property. Burglary involves unlawfully entering a building with the intent to commit a crime inside. You can face both charges in some cases, depending on the circumstances.
Can I go to jail for a first offense?
Yes, but jail isn’t guaranteed. Many first-time offenders qualify for alternative sentencing, diversion programs, or probation. We’ll fight to keep you out of jail whenever possible.
ATTENTION: Nothing in this article is meant to be construed as legal advice and does not constitute an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely on advertisements.