If you’ve been charged with theft, our number one goal is to get the charges dismissed.

Our most common strategies are to challenge the evidence, look for violations of your rights, pre-trial diversion programs, or simply negotiating with the prosecutor for a better deal.

Defense Strategies to Get Theft Charges Dropped

To get theft charges dropped, dismissed or reduced, we may use one of the following defenses based on the circumstances:

• Lack of Evidence: Maybe there are no witnesses, or the witnesses are not credible.  Or surveillance footage is blurry or vague.  If the state doesn’t have solid evidence, we’ll do our best to poke holes in it until the state realizes their evidence is insufficient. 
• Rights Violation: If we can demonstrate that your rights were violated when the police was conducting evidence, we’ll file a motion to suppress evidence, and attempt to get a judge to throw out said evidence.  
• Return of Property: In some instances, if you voluntarily return the property, we can use this show of good faith and restitution to the prosecutor as a way to get a better deal.
• Pre-Trial Diversion Programs: Some counties have pre-trial diversion programs.  These typically mean that you have to complete a certain set of criteria (similar to probation), and when the program is successfully completed, the charges will be dropped.
• Consent: If someone gave you permission to use an item, such as a car, boat or computer, and then soon after, claims that you stole it from them, you may have a good case. 
• Entrapment: A fairly difficult one to prove, this defense asserts that you were either coerced or unduly influenced by law enforcement officers into stealing property.
• Intoxication: You cannot deliberately get high or drunk with the intention of using intoxication as an excuse for theft. However, if you can prove that someone else forced you to ingest drugs or alcohol, your claim may be justified. 
• Honest Mistake: We may be able to demonstrate the alleged theft was an honest mistake.  Perhaps you borrowed an item and forgot to return, you thought you were the rightful owner, or you believed you were unaware you possessed the item.
• Mistaken Identity: Mistaken identity refers to instances where a witness to the crime misidentifies you as the perpetrator. You may look similar to the actual offender, or you may have been near the events in question and this coincidence created confusion for the witness.
• You’re a Good Person that Made a Mistake: At the end of the day, the facts of your case may be bad.  In this case, our job is to create a “good guy packet” and demonstrate to the prosecutor that you’re a good person, and that consequences are not in the best interest of the community.

Remember, you are innocent until proven guilty beyond a reasonable doubt.  Even if the facts aren’t in your favor, we may be able to cast enough reasonable doubt with one of these strategies to convince the state that they don’t have enough evidence to win, and to  dismiss the charges or offer a favorable plea deal.

Regardless of the circumstances, there are two universal actions you should take when charged with theft:

• Don’t Talk to Anyone: Under no circumstances should you talk to the police (or anyone else involved with the incident for that matter). Never, ever talk to the police. There is no good that can come from it. Even if you’re completely innocent and want to explain yourself, just shut your mouth and you’ll be better off
• Hire a Competent Defense Attorney: A great attorney will almost always get you a way better outcome than a public defender or a cheap attorney.

Theft Charges Explained

Theft refers to the act of wrongfully obtaining someone else’s possession(s) or exerting unauthorized control over someone else’s property or services with the intent to deprive the individual of the use of the same property. 

The Texas Penal Code describes theft as follows: 

31.03.  THEFT. 

(a)  A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b)  Appropriation of property is unlawful if:

1. it is without the owner’s effective consent;
2. the property is stolen and the actor appropriates the property knowing it was stolen by another;  or
3. property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

As a criminal charge, theft covers a range of offenses, including but not limited to shoplifting, embezzlement, bouncing checks (which may also constitute fraud), theft of services, larceny, or purchasing stolen property with the knowledge that it was previously obtained unlawfully. 

Like all other crimes, the State of Texas classifies theft as either a misdemeanor or a felony. Which one depends on the value of the stolen property. For crimes involving less than $2500 in stolen goods, a misdemeanor charge will apply. For $2500 or more, the crime will be classified as a felony. 

Penalties and Consequences for Theft Convictions in Texas

Fines for theft charges start at a maximum of $500 for a Class C misdemeanor and climb to a maximum of $4000 for Class A charges. Jail terms run between a period of less than 180 days all the way up to a maximum of 1 year in county jail. 

For a felony conviction, you can expect a period of up to 180 days in county lockup to a sentence of not longer than 99 years in prison for a first-degree felony with property valued at $300,000 or more. Applicable fines top out at a maximum of $10,000. The chart below details the penalty range for each classification of theft in Texas.

Property Value	Classification	Penalties
Less than $100	Class C misdemeanor	A fine of not more than $500
$100 or more but less than $750, or less than $100 with a previous theft conviction or if the property stolen was a license or ID card (driver/commercial) issued by any state	Class B misdemeanor	Not more than 180 days in a county jail and/or a fine of not more than $2,000
$750 or more but less than $2500	Class A misdemeanor	Not more than 1 year in a county jail and/or a fine of not more than $4,000
$2500 or more but less than $30,000 or less than $2500 and the individual has at least two prior theft convictions	State jail felony	180 days to 2 years in a state jail and/or a fine of not more than $10,000
$30,000 or more but less than $150,000	Third-degree felony	2 to 10 years in a state prison and/or a fine of not more than $10,000
$150,000 or more but less than $300,000	Second-degree felony	2 to 20 years in a state prison and/or a fine of not more than $10,000
$300,000 or more	First-degree felony	5 to 99 years in a state prison and/or a fine of not more than $10,000

The possible consequences for theft go beyond just fines and jail time. Like many other crimes, a number of collateral consequences can wreak havoc on your life. 

For starters, the State of Texas has authorized licensing boards to suspend professional licenses for certain convictions, and at times, simply for an arrest.

You may lose individual rights and privileges. This may include

• The denial of your right to possess a firearm
• Denial of your right to vote
• Changes to your immigration status
• Changes to or loss of your custody or visitation rights

The troubles continue with work-related issues. You may lose your job or be denied new employment, especially with regard to positions involving a heightened level of oversight, such as teaching, advising, management, or public office. 

The fallout from your crime will also likely hit closer to home. It is common to face personal and relational difficulties resulting from work and financial issues. Additionally, the opinions of others can damage your reputation and the connections you have with your community.

The Best Strategy if Charged with Theft in Texas

No matter what tactics or arguments you use, your best strategy is always going to be to partner with a great attorney. Your lawyer will use their knowledge, resources, and considerable experience to fight for your rights and ensure the best possible outcome for your case. Never attempt to defend yourself. The right lawyer will mean the difference between suffering lasting consequences and the complete dismissal of your charges.