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Denton Theft Crime Lawyer
Denton Theft Crime Attorney
The criminal charge of theft is very serious because it is considered a crime of moral turpitude. A conviction for theft can disqualify you from certain professional licenses, some types of job opportunities and even jury service. If you have been arrested for stealing, hiring a proven Denton theft crime lawyer should be your next step.
Understanding Theft Charges in Texas
Being accused of theft can be a life-altering experience, carrying both legal and personal consequences. Texas law defines theft broadly, covering multiple offenses ranging from shoplifting to complex fraud cases. The penalties vary depending on the value of the stolen property, the nature of the crime, and any prior convictions.
A person accused of theft in Denton needs to know the legal rules and their rights, together with the possible legal defenses they can use. A strong legal defense can mean the difference between a conviction and a dismissal or reduction of charges. Consulting with an experienced criminal defense attorney can help protect your future.
There are several different offenses that are considered theft according to Texas state law. These include:
General Theft/Larceny
This includes the taking of the items or possessions of another individual or business that you do not have permission to take. This includes things like stripping copper from a construction site, taking the wallet of someone on the street, etc.
Writing Bad Checks
This includes writing checks drawing from closed accounts or from accounts you know did not have enough money to cover the check. If the check mere draws on insufficient funds, you have 10 days to reimburse a merchant in the state of Texas to avoid criminal charges.
Shoplifting
This includes the taking of items out of a location with the deliberate intention of not paying for the items’ full value. This includes any variety of shoplifting scheme including changing into articles of clothing for sale and attempting to leave as if you wore them into the store.
Embezzlement
Embezzlement is when someone takes all or part of a property or monetary amount they were trusted to monitor on the behalf of another party. One key aspect of this charge is that the person performing the theft had legal access to the money or property, but did not have ownership of it.
Accepting/Buying Stolen Property
It is also against the law in the state of Texas to pay for or accept any property you know to be stolen. Thus, if someone steals a shirt and then gives it to you and you know it’s stolen, you are now guilty of theft.
Fraud
This is a rather broad area that includes a number of crimes like check forgery, credit fraud, identity theft, credit card fraud, etc.
Theft of Services
This refers to the stealing of something that isn’t an item. An example would be hiring a contractor to remodel your house and then refusing to pay.
Theft by Deception
People commit theft by deception when they purposefully mislead others to acquire their property, money, or services. This may include misrepresenting facts, making false promises, or altering documents to trick a person into giving up their assets.
Common examples include fraudulent investment schemes, real estate scams, and misrepresenting ownership of an item to sell it under false pretenses. If you are accused of theft by deception, a criminal defense attorney can help prove a lack of intent or dispute the evidence presented by the prosecution.
Auto Theft and Unauthorized Use of a Vehicle
Stealing a vehicle is considered a serious crime in Texas, and charges may range from simple theft to grand theft auto, depending on the circumstances. Additionally, unauthorized use of a vehicle, taking a car without permission but without the intent to permanently keep it, is also a criminal offense. While auto theft is typically classified as a felony, a strong defense strategy can challenge ownership claims, mistaken identity, or lack of criminal intent.
Organized Retail Theft
Retail theft rings have become increasingly common, leading to stricter laws and penalties for those accused of participating in organized retail crime. This involves two or more individuals working together to steal goods from stores – often with the intent to resell them.
In Texas, the penalties for organized retail theft are severe, with enhanced punishments if the value of the stolen goods is high or if stolen items are resold through online marketplaces. Defending against these charges requires a thorough legal strategy to challenge the prosecution’s claim of intent and organized participation.
Aggravated Theft and Enhanced Charges
Certain factors can elevate a simple theft charge to an aggravated offense. If a weapon was used during the commission of the crime, if there was physical harm involved, or if the accused has prior theft convictions, the charges and penalties can be significantly increased.
Additionally, theft from elderly or disabled individuals carries harsher penalties. Understanding the aggravating factors in your case is crucial when building a defense strategy.
Juvenile Theft Charges
Minors charged with theft face different legal consequences than adults. Depending on the severity of the offense, juvenile theft cases may be handled in juvenile court rather than criminal court. Repeat offenses or high-value theft cases could lead to more serious charges. A criminal defense attorney can work to minimize the impact of theft charges on a juvenile’s record, seeking alternatives, like diversion programs, community service, or reduced penalties.
The Act of Criminal Intent
One important thing to keep in mind when facing theft charges in the state of Texas is that it is the burden of the prosecution to show that you acted with criminal intent.
This means they must establish:
- That you knew the property was not your own
- That you knew you had no permission to take it
- That you actually had possession of the property in question
Any of these three may be disputed based on the circumstances. If the prosecution cannot prove these three things, then the criteria for a conviction will not be met. This is why it’s so vital to not face such charges on your own, but instead to hire a qualified and experienced Denton Theft Crime Lawyer such as Earl Dobson.
Penalties for Theft in the State of Texas
The seriousness of the offense is generally determined by such factors as amount of loss, type of property alleged to have been taken and any special relationship between the accused and the accuser. Cases involving insufficient funds or hot checks still carry some of the same consequences.
Defense Against Theft Charges in Denton, Texas
The Law Office of Earl Dobson has the experience necessary to determine if the case against you warrants a trial or if plea negotiations are the most prudent legal path. Your case may be able to be fought on many grounds including: lack of intent, mistake of fact, age, and duress. What’s more, many theft allegations may be characterized as business conflicts or misunderstandings and these may be able to be resolved without further law enforcement intervention. For these cases where it is necessary to negotiate an outcome, Earl Dobson is aware of the programs available in Denton County that allow theft offenses to be resolved without a conviction.
FAQs About Denton, TX Theft Laws
Q: Can I Get a Theft Charge Dismissed in Texas?
A: Under specific conditions, theft charges can be dismissed. Defense attorneys can challenge the prosecution’s case when there is insufficient evidence or when mistaken identity or lack of criminal intent is present.
First-time offenders have the opportunity to enroll in diversion programs or plea agreements, which lead to dismissal of charges if they fulfill program requirements. An experienced Denton theft crime attorney boosts your ability to achieve a favorable result by getting charges dismissed or reduced.
Q: How Does Texas Define Criminal Intent in Theft Cases?
A: Prosecutors need to demonstrate that the defendant had criminal intent to obtain a conviction for theft. The accused individuals intentionally seized property to which they had no rights while planning to keep it away from its legitimate owner.
The absence of intent forms a powerful legal defense in situations where misunderstandings or accidental possession of property occur. A proficient defense lawyer can dispute the prosecution’s ability to demonstrate intent beyond any reasonable doubt.
Q: What Should I Do If I Am Accused of Shoplifting?
A: When facing shoplifting accusations, ensure you stay composed and do not provide any statements to store personnel or police until you have consulted with an attorney. Criminal charges and extended consequences are potential outcomes for even minimal shoplifting offenses.
Immediate legal representation allows defense attorneys to safeguard your rights and negotiate with prosecutors while examining possibilities like pretrial diversion or case dismissal. Early engagement with a lawyer significantly enhances your opportunity to steer clear of a conviction.
Q: Can I Be Charged With Theft for Possessing Stolen Property?
A: Texas law views the intentional acquisition of stolen property as theft. The prosecution needs to demonstrate your knowledge of the property’s stolen status when you obtained it.
A robust legal defense can aid in dismissing charges if you received stolen goods without knowing they were stolen. You can hire an attorney to claim that you were unaware of the theft while they contest the evidence presented against you in order to secure the most favorable outcome.
Q: Is Theft a Felony or Misdemeanor in Texas?
A: Theft can be classified as either a misdemeanor or felony in Texas, depending on the value of the stolen property. Theft under $2,500 is generally a misdemeanor, while anything above this threshold is considered a felony. Additional factors, such as prior convictions, theft from an elderly person, or organized retail theft, can elevate the charges. A felony conviction carries severe penalties, including prison time, so securing legal representation is crucial.
Contact a Denton Theft Crime Lawyer
For a free consultation with Board Certified Criminal Lawyer, Earl Dobson, fill out the contact form to the left or call the phone number at the top of the page. In the consultation we will discuss:
- The level of offense you may be facing
- Any possibilities of getting the charges transferred to civil court without the involvement of law enforcement.
- Different theories the State may pursue in attempting to prove a theft charge against you.
- Programs available that would allow you to avoid potential long term negative consequences.
Our consultation covers possible defense strategies specific to your situation, such as demonstrating a lack of intent, identifying mistaken identity issues, or showing that the evidence is insufficient. This can also include information about penalty reduction techniques, which involve plea bargaining, participation in diversion programs, and other sentencing alternatives.
Charges related to theft can lead to enduring repercussions that affect job opportunities, professional credentials, and personal standing. We stand by our commitment to deliver an effective defense while safeguarding your legal rights at each stage of the process. Seek professional legal support for your theft charges today by reaching out to The Law Office of Earl Dobson to begin protecting your future.
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The Law Office of Earl Dobson
1415 North Locust Street
Denton, TX 76201
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Earl Dobson is a Board Certified® Texas criminal defense attorney located near Downtown Denton.
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