Olathe Property Crime Defense Lawyer

Aggressive Defense for Property Crime Charges in Olathe and Johnson County

Property crimes in Kansas may not involve physical harm, but the legal consequences are far from minor. Convictions can lead to jail or prison time, hefty fines, restitution, probation, and a permanent criminal record that can follow you for life. If you are facing theft, burglary, arson, vandalism, or any other property-related charge in Olathe, Johnson County, or elsewhere in Kansas, you need an experienced and proven defense attorney.

At Duma Law Offices, LLC, we provide skilled and aggressive legal representation for clients accused of property crimes. Led by Attorney Michael C. Duma, a former prosecutor and highly recognized criminal defense lawyer, our firm understands how prosecutors build their cases—and how to dismantle them. We use this insight to protect our clients’ rights and pursue the best possible outcomes in every case.

Call (913) 782-7072 or contact us online. We’ll review your case, lay out your options, and get to work.

Understanding Property Crimes in Kansas

Under Kansas law, property crimes are offenses that involve the unlawful taking, destruction, or damage of another person’s property without the use or threat of force. These crimes can range from minor misdemeanors to serious felonies, depending on the type and value of property involved and whether there are aggravating circumstances or prior convictions.

Common examples of property crimes include:

• Theft and criminal deprivation of property
• Burglary and aggravated burglary
• Arson and aggravated arson
• Criminal trespass
• Criminal damage to property
• Forgery and making false information
• Credit card fraud or financial card misuse
• Writing bad checks or counterfeiting

Even though property crimes are non-violent, Kansas prosecutors take them seriously, often seeking harsh penalties to deter future offenses. That’s why working with a skilled Olathe property crime defense lawyer is essential from the start.

Kansas Theft Laws and Penalties

Theft is one of the most frequently charged property crimes in Kansas. According to Kansas Statute § 21-5801, theft occurs when someone intentionally takes or obtains control of another person’s property with the intent to permanently deprive them of it.

Examples of theft under Kansas law include:

• Taking property without the owner’s consent
• Obtaining property or services through deception or false representation
• Receiving or possessing stolen goods
• Taking lost or misdelivered property without trying to return it

The severity of the penalty depends on the value of the property and prior offenses:

• Under $1,500: Class A misdemeanor, punishable by up to 12 months in jail and a fine up to $2,500.
• $1,500 - $25,000: Level 9 felony, up to 17 months in prison and a $100,000 fine.
• $25,000 - $100,000: Level 7 felony, up to 34 months in prison and a $100,000 fine.
• $100,000 or more: Level 5 felony, up to 136 months in prison and a $300,000 fine.

Additionally, repeat offenders may face felony charges for lower-value thefts if multiple incidents occur within 72 hours or if the defendant has prior theft convictions.

Other Common Property Crimes in Kansas

Organized Retail Crime — K.S.A. 21-5841
Organized retail crime is a newer Kansas law targeting people who work together to steal or traffic retail merchandise. Acting in concert with others to coordinate thefts from stores—even over time—can lead to felony charges. Penalties depend on the total retail value of stolen goods within a 12-month period:

• $5,000–$25,000: Level 6 nonperson felony
• $25,000–$100,000: Level 5 nonperson felony
• $100,000 or more: Level 4 nonperson felony

Because prosecutors can file charges in any county where part of the scheme occurred, defendants may face charges far from the original store location.

Burglary and Aggravated Burglary — K.S.A. 21-5807
Burglary occurs when a person enters or remains in a structure, vehicle, or dwelling without authority and intends to commit a felony, theft, or sexually motivated crime inside. The penalties vary by location and circumstances:

• Dwelling (no one inside): Level 7 person felony (Level 5 if intent is firearm theft)
• Non-dwelling structure: Level 7 nonperson felony (Level 5 if firearm theft intent)
• Vehicle or conveyance: Level 9 nonperson felony (Level 5 if firearm theft intent)
• Aggravated burglary (person inside): Level 4 person felony for a dwelling; Level 5 person felony for other locations

These cases often hinge on whether entry was truly “without authority” and whether the intent to commit a crime existed at the moment of entry. Misidentification, improper searches, and circumstantial evidence are common defense issues.

Criminal Damage to Property — K.S.A. 21-5813
This offense involves knowingly damaging, defacing, or impairing another person’s property without consent—or doing so to defraud an insurer. The seriousness depends on the amount of damage:

• $25,000 or more: Level 7 nonperson felony
• $1,000–$25,000: Level 9 nonperson felony
• Less than $1,000: Class B misdemeanor

Certain aggravating circumstances—such as damaging property for scrap metal theft—can raise the offense to a Level 6 nonperson felony. Defense often focuses on challenging the value of damage or repair estimates, which are key to the charge level.

Criminal Deprivation of Property (“Joyriding”) — K.S.A. 21-5803
Unlike theft, this charge involves temporarily taking control of property without authorization but without intending to keep it permanently. Examples include “borrowing” a vehicle or equipment without permission.

• Motor vehicle: Class A misdemeanor on first or second offense; Level 9 nonperson felony on third or subsequent.
• Firearm: Level 9 nonperson felony.
• Other property: Class A misdemeanor (with enhanced penalties for repeat offenders).

Even a short unauthorized use can result in arrest and criminal penalties.

Criminal Trespass — K.S.A. 21-5808
Trespassing occurs when someone knowingly enters or remains on property without authorization, especially after being told to leave or when the property is clearly posted with “No Trespassing” signs. Though often a misdemeanor, it can still lead to jail time, fines, and a permanent record—with collateral consequences for employment or housing.

Forgery and Financial Crimes
Forgery and related financial crimes involve creating, altering, or using false documents—like checks, credit cards, or identification—to obtain money or property. These offenses are treated as felonies in Kansas, especially when they involve financial institutions or identity theft. Prosecutors often combine these charges with theft or fraud counts, which can significantly increase potential penalties.

Note: This section covers Kansas law. If your case involves a Missouri charge, the laws, penalties, and defenses differ. Duma Law Offices, LLC can help you understand your options across both sides of the state line.

The Consequences of a Property Crime Conviction

Beyond incarceration and fines, a property crime conviction in Kansas can have long-lasting effects. You may face:

• Restitution orders to compensate victims
• Probation with strict conditions
• Loss of professional licenses
• Difficulty securing employment or housing
• Permanent criminal record, visible in background checks

Because these offenses are often considered “crimes of dishonesty,” they can carry particular stigma, especially in professional and financial settings. Having a defense attorney who understands how to minimize these consequences is critical.

How Duma Law Offices Can Help

At Duma Law Offices, we believe that every client deserves a strong and intelligent defense. As a former prosecutor, Attorney Michael C. Duma knows the strategies the state uses to build its case—and how to challenge them effectively.

Our approach includes:

• Early intervention: Advising you during investigations and before formal charges are filed can help prevent critical mistakes and may even stop charges from being issued.
• Thorough case analysis: We review all evidence, including police reports, witness statements, and surveillance footage, to identify inconsistencies and constitutional violations.
• Negotiation and plea advocacy: In some cases, we can negotiate reduced charges, diversion programs, or alternative sentencing options.
• Trial defense: If the prosecution refuses to be reasonable, we are fully prepared to fight for you in court.

We tailor each defense strategy to the unique facts of your case, ensuring you receive personalized representation designed to protect your rights, freedom, and reputation.

Why Choose Duma Law Offices?

• Former Prosecutor Advantage: Michael C. Duma’s experience on both sides of the courtroom gives him valuable insight into how prosecutors think and what it takes to win.
• Recognized Legal Excellence: Named a Super Lawyer and one of the Top 100 Trial Lawyers in the nation, Michael is known for his skill, preparation, and results.
• Comprehensive Experience: With more than 15 years of experience handling thousands of criminal cases, including theft, burglary, arson, and fraud, our firm has a proven record of success.
• Client-Focused Representation: We keep you informed at every stage and work tirelessly to achieve the best possible outcome.

Schedule a Free Consultation with an Olathe Property Crime Defense Lawyer

If you have been charged with theft, burglary, arson, or any other property-related crime in Olathe, Johnson County, or anywhere in Kansas, contact Duma Law Offices today. We will listen to your story, explain your legal options, and develop a defense strategy designed to protect your future.

Call (913) 782-7072 or contact us online to schedule your free consultation with Attorney Michael C. Duma, an experienced Olathe property crime defense lawyer committed to defending your rights.