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LegalKnowledge
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What is the usual sentence for auto theft Vehicle recovered,

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What is the usual sentence for auto theft? Vehicle recovered, had to blown tires. Person that stoled the vehicle is now in phyic ward, no charges have been filed yet, they are pending on the phyic evel. How much would a lawyer charge to defend this person, and would it be ok to get court appointed?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.

K.S.A. 21-3701 Theft

This statute is used to charged suspects with the crime of auto theft.

21-3701 Theft (a) Theft is any of the following acts done with the intent to deprive the owner permanently of the possession, use or benefit of the owner's property:

(1) Obtaining or exerting unauthorized control over property;

(2) Obtaining by deception control over property

(3) Obtaining by threat control over property: or

(4) Obtaining control over stolen property knowing the property to have been stolen by another-

(b) (1) Theft of property of the value of $25,000 or more is a severity level 7, nonperson felony.

(2) Theft of property of the value of at least $500 but not less than $25,000 is a severity level 9, nonperson felony

(3) Theft of property of the value of less than $500 is a class A nonperson misdemeanor.

(4) Theft of property of the value of less than $500 is a severity level 9, nonperson felony if committed by a person who has, within five years immediately preceding commission of the crime, been convicted of theft two or more times.

21-3702 Prima facie evidence of intent to permanently deprive owner or lessor of possession, use or benefit of property.

(a) In any prosecution under this article, the following shall be prima facie evidence of intent to permanently deprive the owner or lessor of property of the possession, use or benefit thereof:

(1) The giving of a false identification or fictitious name, address or place of employment at the time of obtaining control over the property.

(2) The failure of a person who leases or rents personal property to return the same within 10 days after the date set forth in the lease or rental agreement for the return of the property. If notice is given to the person renting or leasing the property to return the property within seven days after receipt of the notice,

(3) Destroying, breaking or opening a lock, chain, key switch, enclosure or other device used to secure the property in order to obtain control over the property: or

(4) Destruction of or substantially damaging or altering the property so as to make thee property unusable or unrecognizable in order to obtain control over the property.

 

K.S.A. 21-3705 Criminal Deprivation of Property

21-3705 (a) Criminal deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of the temporary use thereof, without the owner's consent but not with the intent of depriving the owner permanently of the possession, use or benefit of such owner's property.

21-3705 (b) Criminal deprivation of property that is a motor vehicle, as defined in K.S.A. 8-1437, is a class A nonperson Misdemeanor. Upon a first conviction of this subsection, a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less that $100.00. Upon a second or subsequent conviction of this subsection, a person shall be sentenced to not less than 60 days or more than one year's imprisonment and fined not less than $200.

K.S.A. 21-3720 Criminal Damage to property

(a) Criminal damage to property is by means other than by fire or explosive:

(1) Intentionally injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property in which another has an interest without the consent of such other person: or

(2) injuring, damaging, mutilating, defacing, destroying or substantially impairing the use of any property with the intent to injure or defraud an insurer or lienholder

(b) (1) Criminal damage to property is a severity level 7, nonperson felony if the property is damaged to the extent of $25,000 or more.

(2) Criminal damage to property is a severity level 9, nonperson felony if the property is damaged to the extent of at least $500 but less than $25,000.

(3) Criminal damage to property is a class B nonperson misdemeanor if the property damaged is of the value of less than $500 or is of the value of $500 or more and is damaged to the extent of less than $500.

Bruce please create a link labeled City of Wichita auto theft laws

Chapter 5.12 Automobiles

5.12.020 Taking, etc., without owner's or operator's permission

 

It is unlawful for any person to operate, take or remove any automobile or other motor vehicle from the place where left by the owner or person in charge thereof without first having obtained permission from the owner or person in charge thereof to operate, take or remove such automobile or other motor vehicle.

 

5.42.080 Criminal Deprivation of Property

(Use 5.42.080 (b) ordinance to charge with joy riding)

 

(a) Criminal Deprivation of property is obtaining or exerting unauthorized control over property, with intent to deprive the owner of the temporary use thereof, without the owner's consent but not with intent of depriving the owner permanently of the possession, use or benefit of such property. Nothing herein shall prohibit the removal in a lawful manner, by towing or otherwise, of personal property unlawfully placed or left upon real property.

 

(b) Any person convicted of criminal deprivation of a motor vehicle, as defined in K.S.A. 8-1437 and amendments thereto, shall be guilty of a misdemeanor, and shall be sentenced as follows: upon a first conviction, a person shall be sentenced to not less than 30 days nor more than one year's imprisonment and fined not less than $100. Upon second or subsequent conviction a person shall be sentenced to not less than 60 days nor more than one year's imprisonment, and fined not less than $200. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. The mandatory provisions of this subsection shall not apply to any person where such application would result in a manifest injustice.

 

(c) Any Person convicted of criminal deprivation of property that is not a motor vehicle, as define in K.S.A. 8-1437, and amendments thereto, is guilty of a misdemeanor and shall be sentenced as follows: upon a first conviction, a person shall be sentenced to a fine not to exceed two thousand five hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. Upon a second or subsequent conviction, a person shall be sentenced to not less than 30 days imprisonment and fined not less than $100. Except that the provisions of this section relating to a second or subsequent conviction shall not apply to any person where such application would result in a manifest injustice.

Chapter 5.66 Property

 

5.66.010 Criminal damage to property

 

1. It is unlawful for any person within the corporate limits of the city in any manner whatsoever to:

(a) Willfully injure, damage, mutilate, deface, destroy, or substantially impair the use of nay property, public or private, in which another has an interest and without the consent of such other person: or

(b) injure, damage, mutilate, deface, destroy, or substantially impair the use of any property, public or private, with intent to injure or defraud an insurer or leinholder.

 

2. Subsection (1) shall apply to the extent that the property damaged is of a value of less than five hundred dollars, or is of the value of five hundred dollars or more and is damaged to the extent of less than five hundred dollars.

3. Penalty, Any person who is convicted of criminal damage to property shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

 

5.12.010 Molesting or tampering with.

Any person I the city who molests or tampers with the automobile of another person is guilty of a misdemeanor

 

A court appointed lawyer will be assigned if the defendant is not financially capable of retaining a private attorney. For a private attorney to handle a matter like this, it could cost between $5000 and $7500. Prices vary amongst lawyers, so it is always smart to call around and find an attorney you feel the most comfortable with. If the person is a first time offender and there are mitigating factors, they could be placed on probation, instead of going to jail or prison. They would likely have to pay restitution, for any damages done to the vehicle.

Customer: replied 4 years ago.
Can a person get a lesser sentence if he is evaluated and found to be emotionally unstable at the time of the theft?
Expert:  LegalKnowledge replied 4 years ago.
It will not lessen the sentence but if the person may be found incompetent to stand trial and this, the DA will not be able to go forward with the charges.
Customer: replied 4 years ago.
If the DA can not go forward with the charges then what happens to the person?
Expert:  LegalKnowledge replied 4 years ago.

The person may be taken to trial if they eventually become competent to stand trial or they may be placed in an institution, to get them help dealing with their issues.

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