The 2022 crime rate in Fort Worth, Texas, was 1.2 times higher than the U.S. average, and Tarrant County has earned a D+ “crime grade” for theft.
That’s no surprise. The most common criminal charge in Texas in 2022 was larceny/theft, making it a statewide problem. Even Sheriff’s Department employees can be accused of theft.
Theft charges can leave you facing embarrassment and social stigma that can be difficult to overcome, because you’re taking something from someone else. Theft covers a range of offenses, from petty theft to auto theft, and incidents can involve grocery stores, retailers, an individual, a private company, corporations, your employer, or a charity.
Tarrant County’s theft rate averages around 19.91 per 1,000 residents per year.
And with shoplifting on the upswing, prosecution for shoplifters is surging after retailers faced $112 billion in losses in 2022. Even age is not a deterrent. In Tarrant County, at least a quarter of kids accused of nonviolent crimes such as theft were sent to prison, county data shows. More than half of the kids detained in 2021 were Black.
Clearly, any type of theft charge in Tarrant County is serious. Don’t leave your fate (or your child’s fate) in the hands of an overworked public defender. You need an experienced attorney in your corner.
Types of Theft Crimes in Fort Worth, Texas
Common examples of theft crimes under Texas law include:
Theft of services: Texas Penal Code Under §31.04 establishes this as use of services (for example, an Uber ride or utilities) without planning to pay for them.
Theft by check: Intentionally writing a check with insufficient funds to deceive the recipient. There were 90 theft by check cases in Tarrant County in 2023.
Identity theft: The use of another person’s personal ID or data without their consent.
Mail theft: Taking someone else’s mail without the addressee’s consent and with the intent to deprive that addressee of the contents of that mail.
Credit card theft: Using someone else’s credit card without their knowledge or authorization.
Petty theft: This involves theft of low-value items, typically valued at less than $100.
Shoplifting: Taking items from a retail establishment as established under Texas Penal Code § 31.03.
Embezzlement: Misappropriating money or property that has been entrusted to you.
Robbery: These are more serious charges than average theft charges because – in addition to taking something that belongs to someone else – they involve an element of violence.
Auto theft: This involves stealing a motor vehicle. In 2023, 1,000 people were charged with auto theft in Tarrant County.
Burglary: This is technically a separate charge from theft. Burglary is entering a structure with the intent of committing a crime. However, any items taken during a burglary are considered theft.
Theft Crime Penalties in Texas
Theft crimes are punished based on the value of the property taken.
Amount | Classification | Penalty |
Less than $100 | Class C misdemeanor | Up to a $500 fine |
More than $100 but less than $750 | Class B misdemeanor | Up to 180 days in county jail; fine of up to $2,000 |
$750 or more, but less than $2,500 | Class A misdemeanor | Up to a year in county jail;Fine of up to $4,000 |
$2,500 or more, but less than $30,000 | State jail felony | Between six months to two years in state jail; Fine of up to $10,000 |
$30,000 or more, but less than $150,000 | Third-degree felony | Between two to ten years in prison; Fine of up to $10,000 |
$150,000 to $300,000 | Second-degree felony | Between two and 20 years in prison; Fine of up to $10,000 |
$300,000 or more | First-degree felony | Between five to 99 years in prison; Fine of up to $10,000 |
How Prior Convictions Affect Theft Charges
It’s important to note that you’ve been convicted of theft before, a prior conviction will be used to enhance another theft in the future. In other words, a Theft of Metals charge that is ordinarily a state jail felony can be enhanced to a third-degree felony by putting the prior conviction on the indictment.
Types of Theft Crimes in Fort Worth
Theft was one of the most common charges in Fort Worth in 2023:
Source: https://courtsdata.traviscountytx.gov/CriminalAnalytics/
Statistics: Theft Crimes in Texas
Source: Texas DPS 2022 Texas Crime Report
Factors Influencing a Theft Charge in Fort Worth
You’re likely to face harsher penalties if you’re accused of taking expensive items or you have prior convictions on your record. Key factors include:
- The property’s value: The value of the item will determine the charge you’ll face
- Circumstances of possession: How the item ended up in your possession can escalate the charges against you. For example, if violence is involved, the the charges will be more severe.
- Prior convictions: If you have a criminal record, you’ll probably face harsher penalties – particularly if your convictions are related to theft or fraud
- Intent and knowledge: If there is evidence that you intended to profit in any way from the stolen property, it will likely affect the charges you face
Have You Been Accused of Shoplifting in Fort Worth?
Don’t attempt to handle shoplifting charges on your own: Prosecutors must be able to prove beyond a reasonable doubt that you intended to steal any items found in your possession.
Store security and staff members are not police officers. They work for the accuser. That means their reports are often one-sided and aren’t backed up by facts. And it’s possible that you were racially profiled.
- Ask for a witness: Ensure that a store employee or manager is present. Keep a record of their names and positions.
- Cooperate with store security: Remain calm if store security or a loss prevention officer confronts you. Don’t attempt to flee. If police are called, you may face extra charges if it seems like you’re resisting arrest.
- Don’t sign any documents without reading them: Most stores require employees to to write an incident report. Review it carefully. Don’t agree to sign it unless all of the information is 100% correct.
- Call us immediately: We can start working on your defense. We are available 24/7 and are here to help clients in North Texas. This also includes Dallas, Ellis, and Collin counties.
We will review security camera footage, carefully go over the incident reports, and interview any potential witnesses.
Remember that aside from police officers, nobody has the legal authority to search your bags without your consent. This includes store employees and loss prevention officers. It is your right to refuse, and you should. Consenting to a search will not help your case.
How to Get Theft Charges Dropped in Dallas, Texas
We will carefully review the allegations against you, but some common defenses include:
- Racial profiling: We will investigate whether you were unfairly watched, detained, or questioned.
- Mistake of fact: If you were unaware that you hadn’t paid for an item, this could be a viable defense.
- Lack of intent: We can work to show that you did not intend to steal the item – for example, if you were distracted by a phone call or text and inadvertently carried an item out of the store.
- Coerced confession: If a confession was obtained under coercion or distress, we may be able to challenge it. If the challenge is successful, your confession won’t be admissible in court.
- Insufficient evidence: If prosecutors are unable to prove beyond a reasonable doubt that you shoplifted the item, we will challenge the evidence against you.
- Entrapment: If store personnel or law enforcement coerced you into committing a crime (that you would not have otherwise committed), we will use this as a defense.
- Age: We will do everything within our power to keep minors out of juvenile facilities.
We Can Help
We have attorneys across Texas, including Tarrant County. We know the prosecutors and judges in many of the surrounding areas, and will fight to get you the best possible outcome. Our No. 1 goal is a dismissal. If that’s not possible, we will do everything within our power to get the charges against you reduced.
We serve clients across Texas, including Arlington, Azle, Bedford, Benbrook, Burleson, Colleyville, Crowley, Euless, Forest Hill, Fort Worth, Frisco, Grand Prairie, Grapevine, Haltom City, Hurst, Keller, Lake Worth, Mansfield, McKinney, North Richland Hills, Plano, Richardson, Saginaw, Southlake, and White Settlement.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.