Theft

Theft Defense Attorney Serving Denton and Collin County

Theft charges in Texas carry significant penalties, including long jail sentences and large fines. What’s more, the authorities can charge you with theft even if you didn’t directly steal anything, as receiving stolen or embezzled property qualifies as theft under Texas law. Defending yourself against a theft charge in Texas requires a disciplined approach and extensive knowledge of the complex statutes involved.

The Law Office of Al Rowland, PLLC, has represented Texas defendants for over 10 years, providing skilled and aggressive representation for those facing criminal charges. Attorney Al Rowland is a former police officer and prosecutor who deeply understands the laws and stakes in these cases. We can explain your charges in plain terms, make sure the police or prosecutors uphold your rights, and find the best way forward for your situation. Call us today or complete our contact form for a free consultation.

Why You Need a Theft Defense Lawyer

It’s unwise to face a theft charge in Collin County or Denton County without professional legal help. A conviction for theft could send you to prison for several years or longer, and a criminal conviction can result in secondary consequences like preventing you from finding a job. These cases also involve complicated laws. Understanding them is crucial to mounting an effective defense.

A Texas theft defense attorney can help in several ways if you face these charges. First, your lawyer can explain the charges you face, the penalties involved, and what the prosecution must prove to convict you. Second, your lawyer can describe the steps and procedures in your case so you know what’s coming. Third, your attorney can handle all communication with the police and prosecutors to protect your rights and make sure you don’t say anything that could incriminate you. Finally, your attorney can explore different defense strategies, from suppressing evidence obtained through an illegal search or proving you had an alibi to negotiating a plea bargain or arguing your innocence at trial.

Texas Theft Laws

In general, Texas law defines theft as unlawfully appropriating someone else’s money or property with the specific intent to deprive the owner of the stolen money or goods. A few years ago, Texas lawmakers consolidated multiple offenses under the broader charge of theft. Some offenses currently classified as theft under Texas law include:

Shoplifting: Taking merchandise from a store without paying for it
Embezzlement: When you’re in a position of trust and take money or property you were supposed to manage or protect for your personal use
Extortion: Using threats of harm, violence, or exposure to force someone to give you their money or property
Check Fraud: Writing a check with intent to defraud someone, either by knowing there’s not enough money in the account or by using a fake or altered check
Stealing property directly off someone’s person (pickpocketing): Taking items like wallets or phones directly from someone without them noticing
Theft by False Pretext: Lying or making false promises to convince someone to give you their property or money
Using Threats to Steal Someone Else’s Property: Intimidating or threatening another person to make them hand over their money or belongings
Swindling: Deceiving someone out of their money or property through tricks or scams, often by gaining their trust first
Receiving or Concealing Embezzled Property: Accepting or hiding property that was stolen through embezzlement when you knew it was illegally obtained
Receiving or Concealing Stolen Property: Taking possession of or hiding property when you know it was stolen or didn’t verify its ownership, even if you didn’t steal it yourself

Penalties for Theft Charges in Texas

Because theft encompasses such a broad range of offenses in Texas, the potential penalties depend on the particular facts of a case. In general, the penalties for theft offenses in Texas include:

$300,000 or more of stolen property – 1st-degree felony. Penalties include five years to life in prison and a fine of up to $10,000.
$150,000 or more of stolen property but less than $300,000, or stealing less than $300,000 if the stolen property is an ATM or its contents – 2nd-degree felony. Penalties include 2-20 years in prison and a fine of up to $10,000.
$30,000 or more of stolen property but less than $150,000, or stealing a controlled substance from a commercial building – 3rd-degree felony. Penalties include 2-10 years in prison and a fine of up to $10,000.
$2,500 or more of stolen property but less than $30,000, stealing items directly off someone’s person or from a corpse or grave, stealing a firearm, or stealing less than $2,500 with two or more prior theft convictions – State jail felony. Penalties include 180 days to two years in jail and a fine of up to $10,000.
$750 or more of stolen property but less than $2,500 – Class A misdemeanor. Penalties include up to 1 year in jail and a fine of up to $4,000.
$100 or more of stolen property but less than $750, less than $100 with a prior theft conviction, or stealing a driver’s license or other state-issued ID – Class B misdemeanor. Penalties include up to 180 days in jail and a fine of up to $2,000.
Less than $100 worth of stolen property – Class C misdemeanor. Penalties include a fine of up to $500.

Certain circumstances can increase the penalties for a theft charge. For example, using a firearm while committing a theft offense increases the charge to the next highest level (e.g., from a 3rd-degree felony to a 2nd-degree felony). Similarly, government officials (“public servants” in legal terms) can face harsher penalties for theft offenses, and offenders may face harsher penalties for stealing from elderly adults or nonprofit organizations.

Defense Strategies in Texas Theft Cases

Working with an experienced legal team is key to building a strong defense if you face theft charges in Texas. Some defense strategies you and your legal team may consider include:

Lack of Intent: A conviction for theft generally requires the prosecution to prove you intended to deprive someone of their money or property. If there’s evidence that you didn’t intend to permanently take the property—for example, if you planned to return the allegedly stolen money or items—you can use this evidence to undercut the prosecution’s case.
Mistaken Identity: Police and prosecutors sometimes make mistakes and arrest the wrong people. An alibi or lack of evidence linking you to the crime could prove you weren’t involved.
Consent: If you can show you had the owner’s permission to take or borrow the property, your actions wouldn’t count as theft.
Entrapment: If law enforcement pressured or tricked you into committing the theft, you might be able to use entrapment as a defense.
Ownership Dispute: If there’s confusion about who owned the property, you might be able to argue that you believed the property was yours, meaning you didn’t steal it.

Contact a Texas Theft Defense Lawyer Now

Don’t try to handle the charges you’re facing on your own. Hiring a Texas criminal defense attorney is the best step you can take to protect your freedom if you face theft charges in Denton County or Collin County. Call the Law Office of Al Rowland, PLLC, today or reach out online. Your initial case review is free.