Theft charges, even misdemeanors can ruin your chance at future employment. Lead Attorney Bradley Clark has successfully defended theft cases from petty shoplifting up to allegations in excess of six-figures. He knows the law and is ready to fight for you
Theft offenses are often the result of a misunderstanding. Someone else at work could have used your identity to remove property, or money can come up missing for entirely benign reasons. Theft offenses can also result from an underlying drug habit. At Clark Law we view our clients as people first, clients second. If the government’s evidence can establish a conviction, we can work to minimize the penalty and deliver an alternative sentencing plan that works. If you or a loved one are charged with a theft offense, contact our Lexington criminal defense attorneys at Clark Law PLLC to figure out what to do next. We can listen to the facts and help you decide what is best for you. We have had hundreds of felony cases amended to misdemeanors or dropped completely.
Call us now at (859) 474-0001 or schedule a free phone appointment below.
Common Theft Charges in Kentucky
While there are dozens of theft charges on the books in Kentucky and Federal Court(and we can handle them all), here are some of the charges our office most frequently handles:
- Theft By Unlawful Taking – Under $500 – This misdemeanor offense can carry up to twelve months in jail and a $500 fine, If you are convicted, it will stay on your record for at least five years.
- Theft by Unlawful Taking – Over $500 but Under $10,000– This Class D felony carries one to five years in prison. Even worse, if you stole from your employer, many judges will make you serve the time. Our firm has successfully negotiated diversion results for these charges in District and Circuit courts.
- Theft by Unlawful Taking – Over $10,000 but Under $1,000,000– This Class C felony carries up to ten years in prison. In a recent 2017 employee theft case, one of our clients was being investigated for this charge. We were able to get involved in the case early, and as a result, the police never arrested or charged our client.
- Receiving Stolen Property– Merely being possession of stolen goods can lead to criminal charges. If you buy something from Craigslist or in another private sale and believe it may be stolen, we can help you dispose of it without getting charged.
- Theft by Failure to Make Required Disposition– Sometimes contractor disputes can lead to disagreements about who owns what. Don’t let a civil case turn into a criminal charge. We can help iron out who owns what and assert your rights.
Bradley D. Clark Receiving the 2017 Young Professional Alumni Award from UK College of Law Dean Brennen
Recent Theft Case Results
- Case Dismissed For Client Facing Fifty Years in Prison for Burglary - Our client was facing fifty years in prison for multiple counts of Burglary First Degree, Theft, and Assault. The client ...
- College Student Facing Class D Felony Referred to Misdemeanor Diversion - Our client was facing up to five years in prison for the Class D Felony of Theft by Unlawful Taking ...
- State Police Choose Not To Charge Client in $12,000 Theft (Class C Felony) - Our client was being investigated for having stolen in excess of $12,000 from his employer, a potential violation of KRS ...
“Can I Get Probation for a Theft Charge in Kentucky?”
Most theft charges are eligible for probation in Kentucky. If you are convicted of a felony offense, the decision of whether you serve your sentence in prison or on probation will be up to the judge presiding over your case. The judge will look to a number of factors in making their decision how you will be sentenced. These factors can include:
- The Amount Stolen
- Was the Stolen Property Recovered
- Whether You Have Paid Your Restitution
- Who You Stole From
- Why You Stole It — Drug Addiction, To Feed Your Family, Etc
- Have You Taken Steps To Improve Your Addiction if You Have One?
Can I Get Diversion for My Theft Charge?
In Lexington, first time shoplifters frequently receive the privilege of diversion under the County Attorney’s diversion program. Sometimes first time offenders over the felony limit ($500) can be admitted into the program as well, though this is rare. If your case has already been indicted to Circuit Court, under KRS 533.250, a person charged with a Class D theft, and, in some circumstances, a Class C felony, can petition the Commonwealth’s Attorney for the right to participate in a pretrial diversion program. Admittance into the program is in the discretion of the prosecutor. In order to qualify, you must:
- Be charged with a Class D felony, or
- Be charged with a Class C felony and first complete court approved substance abuse treatment under KRS 533.251; and
- Not have been convicted of a felony in the last ten years; and
- Not have completed pretrial diversion in the last five years; and
- Your offense must be one that is eligible for probation; and
- Your offense cannot be a sex crime.
Even if you don’t think your offense qualifies, it may be possible to have the charge amended at the grand jury. Give us a call to discuss diversion possibilities for your charge.