Theft charges can impact your life in a number of ways, and some of these effects can last for a lifetime. Don’t just go along with the accusations or remain a victim to your circumstances. You need to do everything within your power to get the charges dropped. In order to do this, you must understand your rights and partner with an experienced attorney. Let’s take a closer look at theft charges and your options for a strong legal defense.

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. 

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. 

Theft in the Texas Penal Code

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.

Criminal Penalties 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 Less than $100 $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 $750 or more but less than $2500 $2500 or more but less than $30,000 or less than $2500 and the individual has at least two prior theft convictions $30,000 or more but less than $150,000 $150,000 or more but less than $300,000 $300,000 or more

Classification Class C misdemeanor Class B misdemeanor Class A misdemeanor State jail felony Third-degree felony Second-degree felony First-degree felony

Penalties A fine of not more than $500 Not more than 180 days in a county jail and/or a fine of not more than $2,000 Not more than 1 year in a county jail and/or a fine of not more than $4,000 180 days to 2 years in a state jail and/or a fine of not more than $10,000 2 to 10 years in a state prison and/or a fine of not more than $10,000 2 to 20 years in a state prison and/or a fine of not more than $10,000 5 to 99 years in a state prison and/or a fine of not more than $10,000

Collateral Consequences of a Theft Charge

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.

Self-Defense Against Theft Accusations

An accusation of theft is a very stressful and frightening situation to deal with. Oftentimes, you may respond out of anger. Fight against this tendency. Instead, remain calm. Research has shown that while anger is actually a natural response to being falsely accused, it increases the likelihood that others will believe you are guilty. Outbursts of anger make you appear chaotic, out-of-control, and suspicious, all things that will not help to prove your innocence. 

While your accuser questions you, avoid trying to justify your actions. Neither of these choices will help your situation. Your aggressive attempt to prove your innocence may appear as guilt. You may unintentionally say something that can be used against you. 

You are under no obligation to reveal any personal information to store owners, employees, property owners, or any individuals whatsoever. The only response you need to give is your name when an officer makes the request. 

Contact a lawyer immediately. The sooner you can obtain counsel, the greater your chance of walking away clean. The only person you should discuss the details of the situation with is your attorney.

Effective Defense Strategies for Theft Charges

There are a number of defense strategies that you and your attorney can use to argue your case. Which one you choose will depend on the details of the event in question, your lawyer’s experience, and your criminal history. Some possible defense strategies include:

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

One of the more common examples of a key defense strategy against theft charges is to claim that the alleged theft was made by mistake. This could be the result of one of several causes, including:

Borrowing the Item and Forgot to Return It

Similar to lack of intent, it means that you had borrowed the item and simply forgot to return it when you were finished with it. 

Rightful Ownership

You mistakenly believed that you were the rightful owner of the property based upon a misunderstanding with the opposing party regarding ownership. 

Unaware of the Possession

You may have simply not known you had the item in your possession. Perhaps you forgot about a product at the bottom of a shopping cart and walked out of the store with it. Or, the property may have been left in your vehicle or on your desk without your knowledge.

You Accepted Stolen Property without Awareness of the Situation

This defense may work if a friend or acquaintance gives you a gift without telling you the item was  stolen. 

You Mistakenly Believed You Had Consent

Similar to the claim of rightful ownership, because of a miscommunication, you may believe that the owner granted you permission to take 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.

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.