The State of Texas takes theft charges very seriously. Consequently, a conviction for a theft offense can result in high monetary penalties and even jail time, depending on the circumstances.
If you are currently facing a theft charge in Texas, you need experienced legal counsel in your corner advocating for your rights and interests. A knowledgeable theft crimes defense lawyer can determine your eligibility for various legal defenses, advocate for you during legal proceedings, and pursue the best possible result in your case.
Common Categories of Theft Charges in Texas
In Texas, theft is a serious offense that involves unlawfully taking someone else’s property with the intent to permanently deprive them of it.
- One common form of theft in Texas is petty theft, which involves stealing property valued at less than $2,500. While considered a misdemeanor, petty theft can still result in fines and potential jail time – especially for repeat offenders.
- Shoplifting is another common theft charge in Texas, occurring when individuals steal merchandise from retail establishments. The value of the stolen goods determines the severity of the charge, with penalties ranging from fines to imprisonment.
- Burglary involves unlawfully entering a building or habitation with the intent to commit theft or another felony. In Texas, burglary charges can vary in severity depending on factors such as whether the building was occupied at the time of entry and whether any weapons were involved.
- Robbery is a theft offense that involves using force (or the threat of force) to take someone else’s property. This crime is treated very seriously in Texas and can result in significant penalties, including lengthy prison sentences.
- Identity theft is a growing concern in Texas and involves stealing someone’s personal information to commit fraud or other unlawful activities. Identity theft can result in severe consequences, including financial losses and damage to one’s reputation.
- Auto theft is another prevalent form of theft in Texas, involving the unauthorized taking of someone else’s vehicle. Depending upon the circumstances, auto theft charges can range from misdemeanors to felonies, with potential prison sentences and hefty fines.
- Embezzlement occurs when individuals entrusted with managing someone else’s funds or property unlawfully appropriate those assets for their own use. This white-collar crime can result in severe penalties, including restitution and imprisonment.
- Lastly, possession of stolen property is a theft-related offense in Texas involving knowingly possessing or receiving stolen goods. Even if individuals did not participate in the theft itself, they can still face criminal charges for knowingly possessing stolen property.
If you are currently facing a theft charge, an experienced criminal defense attorney in Texas can answer your questions, explore your options, and aggressively advocate for your interests.
What are the Penalties for a Theft Charge in Texas?
In Texas, the penalties for various theft charges vary depending upon the severity of the offense and other factors, such as the value of the stolen property and any prior criminal history.
- For petty theft offenses involving property valued at less than $2,500, individuals can face misdemeanor charges. Penalties may include fines of up to $4,000 and/or imprisonment for up to one year. Repeat offenders may receive harsher penalties.
- Shoplifting convictions can result in similar penalties to petty theft, with fines and potential jail time depending upon the value of the stolen merchandise and any prior convictions. Additionally, individuals may face civil penalties, such as restitution to the store owner.
- Burglary charges in Texas range from misdemeanors to felonies, depending on factors like whether the building was occupied at the time of entry and whether any weapons were involved. Penalties can include fines, imprisonment for up to 20 years, and restitution to the victims.
- Robbery is treated as a serious offense in Texas and can result in severe penalties, including imprisonment for up to 99 years and fines of up to $10,000. The use of a weapon during the commission of the crime can enhance these penalties.
- Identity theft convictions can lead to significant penalties, including fines and imprisonment for up to 20 years, depending upon the amount of financial loss that the victim suffered and the number of offenses committed.
- Auto theft charges vary depending upon factors like the value of the vehicle and whether it was used in the commission of another crime. Penalties can range from misdemeanor charges to felony convictions, with potential imprisonment and fines.
- Embezzlement convictions can result in severe penalties, including restitution to the victims and imprisonment for up to 99 years, depending on the amount of money or property embezzled and any aggravating factors.
- Lastly, possession of stolen property can lead to misdemeanor or felony charges, depending on the circumstances. Penalties may include fines, imprisonment, and restitution to the rightful owners of the stolen property.
Fighting Back: Potential Legal Defenses to a Theft Charge in Texas
When facing a theft charge in Texas, understanding potential defenses can be crucial for individuals to protect their rights and defend themselves in court. Several defenses may apply depending on the case circumstances.
- One common defense to theft is lack of intent. In Texas, theft requires the intent to permanently deprive the owner of their property. If individuals can demonstrate that they did not intend to steal the property – or believed they had the legal right to take it – they can argue lack of intent as a defense.
- Mistake of fact is another potential defense, wherein individuals mistakenly believe they had the right to take the property in question. For example, if someone genuinely believed that an item belonged to them or that they had permission to take it, they can argue a mistake of fact as a defense.
- Duress is a defense that involves individuals being forced or coerced into committing theft under threat of harm. If individuals can demonstrate that they only stole the property because they feared for their safety or the safety of others, they can use duress as a defense.
- Another possible defense is entrapment, wherein law enforcement officers (or someone else) induce the individual to commit the theft. If individuals can show that they would not have committed the theft without the undue influence or pressure of law enforcement or another individual, they can argue entrapment as a defense.
- A claim of right is a defense that involves individuals asserting a legitimate claim of ownership or right to the property they are accused of stealing. For example, if individuals can demonstrate that they believe the property belonged to them or that they had a legal right to it, they can use the claim of right as a defense.
- Insufficient evidence is a defense wherein individuals argue that the prosecution has not presented enough evidence to prove their guilt beyond a reasonable doubt. If the evidence against individuals is weak or unreliable, they can argue insufficient evidence as a defense.
Negotiating a Favorable Plea Deal in a Texas Theft Case
When facing a theft charge in Texas, negotiating a plea deal can be a strategic option for individuals to consider, with the guidance of their criminal defense attorney. A plea deal, also known as a plea bargain, involves the accused individual (or defendant) agreeing to plead guilty or no contest to the charges, in exchange for certain concessions from the prosecution.
One potential benefit of negotiating a plea deal in a Texas theft case is reduced charges. Prosecutors may offer to reduce the severity of the charges, such as lowering a felony theft charge to a misdemeanor, in exchange for the defendant’s plea. This can result in less severe penalties and consequences for the defendant.
Another potential advantage of plea deals is reduced sentencing. By accepting a plea deal, defendants may receive a lighter sentence than they would if convicted at trial. This can involve a shorter period of incarceration, reduced fines, or alternative sentencing options, such as probation or community service.
Additionally, negotiating a plea deal can avoid the uncertainty of a trial. Trials can be lengthy, expensive, and emotionally draining for both the defendant and the prosecution. By reaching a plea agreement, defendants can avoid the stress and uncertainty of trial proceedings and move forward with their lives more quickly.
Furthermore, plea deals can minimize the risk of harsher penalties. If defendants choose to go to trial and are convicted, they may face the maximum penalties allowed by law. By accepting a plea deal, defendants can potentially secure more favorable outcomes and avoid the possibility of harsher punishments.
Negotiating a plea deal also allows defendants to maintain some control over the outcome of their case. While plea agreements still involve some level of compromise, defendants have the opportunity to negotiate terms that are more favorable to them than the potential outcome of a trial.
However, it’s essential for defendants to carefully consider the terms of any plea deal and consult their attorney before making a decision. Plea deals typically require defendants to waive certain rights, such as the right to a trial by jury and the right to appeal. Defendants should weigh the potential benefits and drawbacks of accepting a plea deal and make an informed decision based on their individual circumstances and legal advice.
Taking a Theft Case to Trial in Texas
Taking a theft case to trial in Texas is a serious decision that involves presenting evidence and arguments to a judge or jury to determine the defendant’s guilt or innocence. Here’s what typically unfolds at a theft trial in Texas:
- Jury Selection – In cases where the defendant opts for a jury trial, the first step is selecting a jury. Both the prosecution and the defense have the opportunity to question potential jurors to ensure impartiality and select a fair jury.
- Opening Statements – The trial begins with opening statements from the prosecution and the defense. Prosecutors outline the evidence they plan to present and argue why the defendant is guilty of theft. The defense may present an alternate narrative and highlight weaknesses in the prosecution’s case.
- Presentation of Evidence – During the trial, both sides present evidence to support their arguments. This may include witness testimony, surveillance footage, financial records, and other exhibits relevant to the case. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt.
- Cross-examination – After witnesses testify, both the prosecution and the defense have the opportunity to cross-examine them. This involves questioning witnesses to challenge their credibility, clarify testimony, or uncover inconsistencies in their statements.
- Closing Arguments – Once all evidence has been presented, both sides deliver closing arguments to summarize their case and persuade the judge or jury of their position. Prosecutors reiterate why they believe the defendant is guilty of theft, while the defense may emphasize reasonable doubt or lack of evidence.
- Jury Deliberation – If the trial is before a jury, the jury then deliberates in private to reach a verdict. Jurors must consider the evidence presented during the trial and reach a unanimous decision about the defendant’s guilt or innocence.
- Verdict – Once the jury reaches a verdict, or the judge decides the case in a bench trial, the verdict is announced in court. If the defendant is found guilty, the judge sets a date for sentencing. If the defendant is acquitted, they are free to go, and the case is resolved.
- Sentencing (if applicable) – If the defendant is convicted of theft, the judge imposes a sentence based on the severity of the offense, the defendant’s criminal history, and other relevant factors. Sentences may include fines, probation, community service, or incarceration.
Throughout the trial process, defendants have the right to legal representation and the opportunity to challenge the prosecution’s case. It’s essential for defendants to work closely with their attorneys to prepare a strong defense strategy and advocate for their rights in court.
Speak with an Experienced Criminal Defense Attorney in Texas Today
If you are facing a theft charge in Texas, retaining an experienced criminal defense lawyer for representation is extremely important. Throughout the case, your attorney will fight to protect your interests, advocate for you during various legal proceedings in court, and pursue the best possible outcome on your behalf.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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