Welcome to Opening Statement, a monthly discussion about issues in Audrain County’s criminal justice system from the perspective of the Prosecuting Attorney’s Office. With all of our law enforcement officers, we share a goal of making Audrain County a safe, welcoming place for families and businesses and continue to search for ways to protect and serve.

Our citizens expect protection of personal property rights, as well as enforcement of the rule of law against those who decide to ignore our social agreements and requirements to keep each other safe. As property rights for individuals have been a part of the United States since its beginning, protecting those rights has become more complicated as our lives have. Today’s personal property includes not just real estate, home and family but also intellectual property, electronic and cyber data, and more complexity needed to keep safe.

Property crimes, then, are crimes against our society and our neighbors… and an unfortunately common occurrence. Missouri has numerous laws that protect personal and real property rights. When someone enters onto another’s property without permission, it is a trespass. When someone takes another’s property without permission, it’s stealing, and when they intentionally damage another’s property, it’s property damage. Fraud, forgery and burglary are also common property crimes. Increasingly, fraud takes the form of identity theft, and use of electronic and cyber-scam means are growing daily.

Trespass is one variety of property crimes, and we see numerous trespass cases during the course of the year. Often, a business can formally “trespass” an individual by directly informing them, in writing or verbally, that the individual is not allowed on the property, or must leave the property. Defendants who fail to leave property, or who come back onto or into the property, have committed a criminal trespass. This crime commonly occurs when a store, gas station, or other business has informed someone they may not return onto the property. Homeowners can also keep others away from their property, or ask others to leave their property, and that can be enforced by the law.

Stealing is a frequent property crime, where a thief takes something of value that doesn’t belong to them. There are multiple levels of stealing under Missouri law, ranging from fine-only misdemeanors, class A misdemeanors with the possibility of jail time, and numerous classes of felonies with potential prison time exist based on the type or value of the items taken or retained. Receiving stolen property, or possessing, selling or transferring stolen goods, is a related crime. Individuals with prior convictions for stealing are subject to enhanced punishments – and in punishing those responsible, our office searches for a balance between personal punishment for the criminal and making the victim whole via restitution.

Fraud and forgery are using deception of some kind to obtain goods or services. Signing someone’s name on a document without their permission is forgery, and fraud is obtaining items through false promises, false documents, or unauthorized use of credit cards or debit cards. Forgery and fraud are common crimes, and often target elderly or vulnerable persons. Although checks are not as common as they once were in our community, using forged signatures on checks to obtain goods or services is still occurring. Cyber fraud and threats, including using personal information to get sympathy and money from frightened, distracted or confused targets.

Burglary and robbery are often confused crimes. Burglary is entering into the property of another with intent to commit a crime. Missouri has two degrees of burglary, depending on the type of structure and whether victims or weapons are present or not present. Robbery, on the other hand, is stealing something from a person by force. Robbery is considered a more serious crime than burglary in Missouri, although both carry potential prison sentences as penalties.

Property damage is another property crime – simply put, damaging the property of another. If the property is of a higher value, this can be a felony crime. It’s more than vandalism, or “kids being kids,” but has actual costs in time, repair, and community pride. Every summer, damage to public and community property like park facilities, sports fields and schools grows as warmer temperatures draw families as well as criminals to public spaces.

Victim and witness statements, evidence and active participation from victims and witnesses are critical to a successful prosecution. Victims and witnesses matter: they must come in and say “I didn’t give permission for this person to take my stuff, enter my property or break my property,” and without that participation, our office can’t prove a crime has occurred to the appropriate level to find the defendant guilty: beyond a reasonable doubt.

Victims and witnesses don’t ask to be a part of the criminal justice system: they are put there by someone else’s actions. Our office strives to inform and encourage participation from victims and witnesses to lead to successful prosecution of these crimes. Although the prosecution process is long and can be intimidating, it’s necessary for society and our community to balance defendants’ rights when charged with a crime, the victim’s rights to be made whole and protected, and society’s expectations that those who break our laws will be punished appropriately. That’s where our office spends time and effort.

Defendants who are willing to accept responsibility for their actions, and plead guilty to committing property crimes, are often eligible for probation. Restitution, or defendants paying victims back for their damages, is a key consideration our office includes when determining a fair and appropriate punishment. The payment of restitution, or recovery of what the victim has lost, is a key function the Prosecutor’s Office serves for the community. Missouri’s criminal justice system protects victims and our community expectations of a safe place to live, work and raise a family without fear of property being taken, damaged or destroyed by others. Together, as a community, we hold offenders accountable.