How to Fight a Wrongful Theft Accusation in Texas

Being accused of theft in Texas, especially when you know you didn’t commit the crime, can be overwhelming and frightening. Theft charges can carry serious consequences, from fines to jail time, and can damage your reputation. However, just because you’ve been accused does not mean you’re guilty, and there are ways to fight wrongful theft accusations. Understanding the legal process in Texas and knowing your rights can help you build a strong defense. With the right approach and guidance, you can navigate through this challenging time and clear your name. At, McCarty Larson, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.

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Understanding What Constitutes Theft in Texas

To effectively fight a wrongful theft accusation in Texas, it is crucial to understand what theft means under Texas law. Theft is defined as unlawfully taking property with the intent to deprive the owner of it. This could involve physically taking someone’s belongings without permission, or it could involve deception or false promises. The law covers a broad range of actions, from shoplifting to embezzlement. The value of the property involved also plays a significant role in the severity of the charges, with higher-value theft leading to harsher penalties.

For example, if you’re accused of stealing an item worth less than $100, you might face a misdemeanor charge with smaller fines and shorter jail time. But if the item is valued over $100,000, you could be looking at felony charges with severe penalties, including years of imprisonment. Understanding the nature of the charges against you is the first step in fighting back.

Remain Calm and Avoid Self-Incrimination

When you’re wrongfully accused of theft, it’s natural to want to defend yourself immediately. However, it is essential to remain calm and avoid saying anything that could be used against you later. Anything you say to law enforcement can potentially be twisted or misunderstood. Even if you believe you are simply explaining the situation, your words might be taken as an admission of guilt.

Instead of speaking to the police without legal counsel, exercise your right to remain silent. You are not obligated to answer any questions without an attorney present. This helps ensure that you do not accidentally provide information that could harm your case. While it might feel frustrating not to defend yourself right away, waiting until you have the right legal help is the safest route.

Gather Evidence to Support Your Case

In any wrongful theft accusation, evidence is key. Collecting evidence that proves your innocence is one of the most effective ways to fight the charges. Depending on the circumstances of your case, this evidence could take many forms.

If you were in a different location at the time the theft occurred, gathering alibis or video footage that confirms your whereabouts can be extremely helpful. Witness statements from people who can testify that you did not commit the crime can also strengthen your defense. In cases involving misunderstandings or mistaken identity, proving that you had permission to handle the property or that someone else was involved can be vital. The sooner you begin gathering evidence, the stronger your defense will be.

In addition to physical evidence, written communication like emails or text messages can be used to show your intentions were not criminal. This can be especially important in cases where you’re accused of theft by deception or fraud. If you have a paper trail that supports your version of events, it can go a long way in convincing the court of your innocence.

Work with an Experienced Criminal Defense Attorney

One of the most important steps you can take when facing a wrongful theft accusation in Texas is to seek legal representation. An experienced criminal defense attorney can guide you through the legal process, protect your rights, and help build a strong defense.

Your attorney can review the details of your case and look for weaknesses in the prosecution’s evidence. They can also challenge any unlawful actions taken by law enforcement, such as improper searches or seizures. In some cases, an attorney may be able to have the charges dismissed before the case even goes to trial if they find that there is insufficient evidence to support the accusation.

A knowledgeable attorney will also know the ins and outs of Texas theft laws, which can be complicated. They can advise you on how to approach your defense and negotiate with the prosecution on your behalf. If your case does go to trial, your attorney will present your defense, cross-examine witnesses, and argue for your innocence in court.

Challenge the Accusation in Court

When fighting a wrongful theft accusation in Texas, the courtroom is where the real battle often takes place. To successfully challenge the accusation, you will need a clear strategy and a well-prepared defense. Your attorney will present the evidence that proves you did not commit the theft and will highlight any inconsistencies or weaknesses in the prosecution’s case.

One common defense in theft cases is proving a lack of intent. Theft charges require the prosecution to show that you intended to steal the property. If your actions were based on confusion, misunderstanding, or an honest mistake, your attorney can argue that you did not have the criminal intent required for a conviction.

Another defense strategy might involve proving that you had the right to possess the property. For instance, if you were accused of theft after borrowing an item, your attorney could show that you had the owner’s permission and never intended to deprive them of their property. In cases of mistaken identity, your defense may focus on proving that you were not the person involved in the theft. By providing alibis or presenting evidence that points to someone else, you can show the court that you are innocent.

Know Your Rights During the Investigation

Throughout the investigation of a wrongful theft accusation, it’s important to understand and exercise your legal rights. In Texas, the Fourth Amendment protects you from unreasonable searches and seizures. This means that law enforcement officers must have probable cause or a warrant to search your property or seize your belongings.

If you believe that the police violated your rights during the investigation, such as conducting an illegal search or seizing evidence without a warrant, your attorney can file a motion to suppress that evidence. If successful, this can significantly weaken the prosecution’s case and may even lead to the charges being dropped.

Additionally, you have the right to a fair trial, which means you must be presumed innocent until proven guilty. The burden of proof lies with the prosecution, and they must prove beyond a reasonable doubt that you committed the theft. Your attorney will work to cast doubt on their case and protect your rights at every stage of the legal process.

Robin McCarty worked diligently with me to overcome a serious accusation. We collaborated together to unequivocally dismiss the charges with impunity. As is common when dealing with municipalities, this process took time and patience. Robin’s team was communicative, responsive and thoughtful while handling this intense situation. I highly recommend giving McCarty-Larson the opportunity to work through your case.

- Pablo Valdes

They help me through my divorce last year. It’s not easy mentally and physically but they had Great customer service any and every questions I had they answered my questions walk me through the whole process thank you and your team for all y’all did for me . What are you waiting for just call and see for yourself

- Aaron Herrera

From the first phone call late on a Friday afternoon to the successful out come of our legal issue, our family has had nothing but praises for the entire staff at McCarty-Larson. Always available, honest and upfront about the whole process. Mr. McCarty is an experienced and knowledgeable attorney with whom we always felt secure. And he genuinely cared about our family member. Robin and Natalie are a great team. Hayley was always very helpful too. Thank you to the entire staff and firm.

- Neil Phillips

Best in Ellis County! Daniel Morton, Amanda Nail, and the team at McCarty-Larson are incredibly responsive, ensuring quick and efficient handling of my case. Their staff was not only professional but also empathetic, guiding me through a challenging time. Despite the difficulties throughout my case, they prioritized my time, my needs, and got me a fair agreement that made everyone happy. Highly recommend for anyone navigating family legal matters.

- Jillian Bailey

Be Prepared for the Possible Consequences

While the goal is always to fight and win a wrongful theft accusation, it’s important to be prepared for all possible outcomes. Theft charges in Texas carry serious consequences, and if convicted, you could face fines, community service, probation, or even jail time, depending on the value of the stolen property.

If you are convicted of theft, your attorney may still be able to help by negotiating for a lesser sentence or alternative penalties. For instance, in some cases, a judge may allow you to complete community service or pay restitution to avoid jail time. Being prepared for these possibilities and understanding your options can help you make informed decisions as your case progresses.

Clear Your Name and Move Forward

Fighting a wrongful theft accusation is not just about avoiding criminal penalties; it’s also about clearing your name and restoring your reputation. A theft conviction can have long-lasting effects on your life, making it harder to find a job, secure housing, or even maintain personal relationships. That’s why it’s so important to defend yourself vigorously against false charges.

By working closely with your attorney and staying focused on the goal of proving your innocence, you can increase your chances of achieving a positive outcome. Even if the legal process takes time, remember that being patient and prepared is essential to winning your case.

If you have been wrongfully accused of theft in Texas, it is crucial to act quickly to protect your rights and build a strong defense. The legal team at McCarty Larson, PLLC understands how overwhelming this experience can be and is here to help you through every step of the process. With our experience and commitment to justice, we will fight to clear your name and ensure your rights are upheld. Contact us today to schedule a consultation and discuss how we can assist you in defending against a wrongful theft accusation.