Denton Theft Laywer

Denton Theft Attorney

Obtain legal counsel from experienced Denton County criminal defense attorneys at Robuck Morgan Law Firm

It can be overwhelming to be charged or arrested for theft, especially if it seems there is no one in your corner. Hiring a Denton theft lawyer can be crucial to ensure that you are represented with a solid defense that you are entitled to.

At Robuck Morgan Law Firm, PLLC, our experience has shown us that no two theft cases are the same. That is why we ensure every client who comes through our doors has a fair chance at a robust defense strategy. Once we have gathered your testimony, we will begin our own investigations to legally collect and preserve evidence that can be used to defend your interests. You deserve someone who will fight for your future, so give us a call today.

Theft Charges in the Texas Penal Code

Chapter 31 of the Texas Penal Code contains variations of the crime of theft. Theft is generally defined in Texas Penal Code § 31.03 as unlawfully appropriating, or taking, the belongings of another.

This includes traditional ideas of stealing, including shoplifting, as well as dealing in stolen goods if the person accused knew or had reason to know they were stolen. The classification of the crime depends on the value of the items stolen, how many prior offenses and, sometimes, what item was stolen:

• For property worth less than $100, a Class C Misdemeanor for a first offense and a Class B Misdemeanor for a subsequent theft conviction;
• A Class B Misdemeanor for property worth between $100 and $750;
• Class A Misdemeanor for property worth between $750 and $2,500;

A state jail felony if the property:

• Is worth between $2,500 and $30,000;
• Is livestock, less than 10 heads and is worth less than $30,000;Is a firearm;
• Is worth less than $2,500 and the accused has been convicted more than once for theft; or
• Is aluminum, copper, brass or bronze worth less than $20,000.

A third degree felony if the property:

• Is worth between $30,000 and $150,000; or
• Is livestock worth less than $150,000;

A second degree felony if the property:

• Is worth between $150,000 and $300,000; or
• Is an ATM machine or the contents of an ATM machine worth less than $300,000; or

A first degree felony if the property:

• Is worth more than $300,000.

Any of the charges can be upgraded if the victim was elderly, a nonprofit organization, a public servant, a government contractor, a Medicare provider or if the accused caused a fire alarm to go off, deactivated a fire alarm, deactivated a theft prevention device or used a shielding device to work against anti-theft devices.

Theft by check means intentionally writing a bad check to purchase goods. It is presumed that a person writing the check knew it was a hot check if there was no open account associated with the check or if there were insufficient funds and the check writer did not pay within 10 days of notice.

Credit card or debit card fraud may operate in the same manner as theft by check, or a fraudulent or stolen one could be used. Debit card and credit card fraud is a state jail felony.

Theft of service means that the accused intentionally and knowingly took advantage of another person’s services without paying. Theft of services charges follow the same guidelines for value as theft of property.

What Defense Strategies Can Combat a Theft Charge?

It is important to remember that a theft or burglary charge does not always mean a guilty verdict will follow. Everyone has the right to defend themself before a final verdict is issued.

Some of the most common strategies include:

Challenging the Evidence Against You

Most defense lawyers will get to work right away scrutinizing the evidence being presented by the prosecution. To start, they may question the reliability of specific witness statements or surveillance footage. They will also investigate the chain of custody that physical evidence went through to see if there are any instances where the integrity of the process was compromised. The more your lawyer can weaken the prosecution’s evidence, the better.

Proving Lack of Intent

It’s up to the prosecution to prove that you intended to take property that didn’t belong to you. If they cannot achieve this, the case is less likely to end up in a guilty verdict. If you believe your actions were accidental or based on a misunderstanding, like genuinely forgetting to pay for an item, your lawyer can use this narrative to challenge the merit of the charges. If successful, this has the power to either reduce your charges or dismiss them entirely.

Establishing Ownership or Rightful Possession

Sometimes, theft allegations happen when two people are in dispute over ownership. If you believe that the property you are being accused of stealing was your own or you had permission to use it, your attorney can argue that you were acting within your rights. This strategy can apply in cases where borrowed or shared property is being discussed and where communication breaks down between the parties.

Raising Doubts About Identity

Another possible defense is to challenge whether or not you were correctly identified as the person who committed the theft. Mistaken identity happens a lot in theft cases, especially when these alleged crimes happen in a crowded space or if the evidence is unclear. Making a strong argument here can lead to reasonable doubt, which could be enough to prevent a conviction from happening.

Negotiating Reduced Charges or Alternative Sentencing

If it is clear that the evidence you are facing is strong, you also have the option to negotiate a plea deal. This means that you would be expected to offer a guilty verdict in exchange for a lesser offense with reduced penalties. For example, you could be only charged with trespassing and avoid jail. In some cases, alternative sentencing options like community service or diversion programs can also be on the table to consider. All of this can help you avoid a criminal record.

FAQs

Q: How Do You Get Theft Charges Dropped in Texas?

A: To successfully have your theft charges dropped in Texas, you need to either demonstrate weakness in the prosecution’s case or negotiate with the prosecutor for a lesser punishment. Your attorney may present evidence showing that you lacked intent to commit theft or that the allegations were based on a misunderstanding. If there was any evidence that was illegally obtained by law enforcement, your lawyer can file a motion to have that evidence dismissed.

Q: Does Returning Stolen Property Prevent a Theft Charge?

A: While it can help your case, returning stolen property does not always automatically prevent theft charges from moving forward. While restitution might make the situation less severe and lead to reduced penalties, the act of returning the item doesn’t erase the alleged crime. Prosecutors are still able to pursue charges based on your intent at the time of the alleged theft. Your defense attorney can try to highlight your willingness to make amends to your benefit.

Q: Can You Get Theft Charges Dropped If It’s Your First Offense?

A: First-time offenders are the most likely candidates to have their charges dropped or reduced, especially if the theft was a low-value item. Texas also offers diversion programs for first-time offenders, like mandatory community service. After successfully completing these programs, the court may agree to drop the charges. An attorney can negotiate with the prosecutor to consider these opportunities and advocate for leniency based on their client’s clean record.

Q: What Happens If Someone Falsely Accuses You of Theft?

A: There are many different reasons why false accusations of theft can happen, such as misunderstandings, mistakes, or even malicious intent. If you believe you have been wrongfully confused, you need an attorney to start gathering evidence to prove your innocence. In some cases, they will be able to challenge the credibility of the accuser and identify inconsistencies in their story. With the right strategy in place, you can work to clear your name for a false claim.

Contact Robuck Morgan Law Firm, PLLC Today

If you have recently been accused of theft in Texas, you need a quality criminal defense attorney to fight on your behalf. At Robuck Morgan Law Firm, PLLC, our experienced team understands the complexities of theft charges, whether it involves check fraud, credit card misuse, forgery, or a traditional case of taking someone else’s property.

We commit to working tirelessly to build a strong defense that helps you achieve the outcome you are looking for. Contact us today to schedule your consultation and take the first step toward defending your future.