Missouri treats embezzlement and theft differently based on one key factor: the relationship between the accused and the property. Theft involves taking something that was never yours to begin with, while embezzlement is a white-collar crime that involves misappropriating property that was lawfully entrusted to you.
Key Differences: Embezzlement vs Theft in Missouri
Missouri does not have a separate statute specifically for embezzlement. Instead, both offenses fall under the state’s general stealing law, RSMo § 570.030, which groups conduct that other states treat as separate crimes into a single offense. The factual differences remain important in how prosecutors present their case and how a defense is developed.
Federal prosecutors may also bring white-collar embezzlement charges under separate statutes when the conduct involves federal funds, interstate commerce, or federally insured institutions, or the use of the mail or wire. Here is how the two offenses typically differ:
- Access to the property: Theft occurs when someone takes property they had no lawful right to possess. Embezzlement involves a person who already had authorized access and then converted that property for personal use.
- Element of trust: Embezzlement requires a breach of a fiduciary or trust-based relationship. Theft does not require any prior relationship between the accused and the property owner.
- How the crime unfolds: Theft is often a single act of taking. Embezzlement frequently involves a pattern of behavior over weeks, months, or even years, with small amounts diverted over time to avoid detection.
Examples of Theft
Theft under Missouri law covers a broad range of conduct involving the unauthorized taking of another person’s property. The following are common scenarios that lead to theft charges in Kansas City and across the state:
- Shoplifting merchandise from a retail store
- Stealing a vehicle or parts from a vehicle
- Taking personal property from someone’s home or workplace
- Pickpocketing or purse snatching
- Receiving or selling stolen goods
- Using deception to obtain someone else’s property
Examples of Embezzlement
Embezzlement charges arise when someone in a position of trust diverts funds or property for unauthorized purposes. These cases often surface after internal audits, whistleblower reports, or routine accounting reviews reveal discrepancies:
- An employee transferring company funds into a personal bank account
- A bookkeeper writing unauthorized checks to themselves
- A financial advisor redirecting client investment funds
- A nonprofit officer using charitable donations for personal expenses
- A government employee misappropriating public funds
- A business partner siphoning revenue from shared accounts
Penalties in Missouri
Missouri classifies stealing offenses by the value of the property involved and the circumstances surrounding the alleged crime. The penalties escalate significantly as the dollar amounts increase, with certain aggravating factors pushing a charge into a higher classification:
- Class D misdemeanor (under $150): Up to a $500 fine with no jail time for a first offense, though repeat convictions can elevate the charge.
- Class A misdemeanor ($150 to $750): Up to one year in county jail and fines up to $2,000.
- Class D felony ($750 to $25,000): Up to seven years in state prison and fines up to $10,000.
- Class C felony ($25,000 to $75,000): Up to 10 years in state prison and fines up to $10,000.
- Class B felony (over $75,000): Up to 15 years in state prison and fines up to $20,000.
When the alleged conduct involves federal funds or crosses state lines, the case may be prosecuted in federal court under statutes like 18 U.S.C. § 666. Federal embezzlement convictions can carry significant penalties, including up to 10 years in federal prison and restitution requiring repayment of the alleged loss.
Don’t Wait to Speak to a Kansas City Embezzlement Defense Attorney
Have investigators contacted you? Have you received a target letter indicating you are under federal investigation? Have you already been charged with embezzlement or theft in Missouri? In many cases, the government is already building its case, and early involvement by a defense attorney can mean the difference between charges being filed and a matter being resolved quietly.Don’t wait. Call Sandage Law LLC at (816) 753-0800 or contact us online to schedule a free consultation with our Kansas City embezzlement defense lawyers who will examine the evidence, challenge the prosecution’s theory, and work to protect your rights and your future at every stage of the process. We bring 70+ years of combined experience to every case.
Contact The Experienced Kansas City White Collar Crime Attorneys from Sandage Law LLC Today
In need of legal help? Contact the experienced Kansas City lawyers from Sandage Law LLC at (816) 7530 800 and schedule your initial consultation today.
We serve Kansas City and throughout Minnesota. Visit any of our offices at:
Sandage Law LLC – Kansas City, MO Office
1600 Genessee St Ste 662,
Kansas City, MO 64102
Phone: (816) 7530 800
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