If you are reading this, chances are you are facing the overwhelming situation of being accused of theft in Texas. It is normal to feel confused, worried, and unsure about what to do next. At McCarty Larson, PLLC, we understand how stressful it can be to navigate the complexities of the legal system. You are not alone in this, and we are here to help guide you through every step of your case, ensuring that you have a better understanding of Texas theft laws and what the potential penalties and consequences may be.
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
What Is Considered Theft in Texas
In Texas, theft is defined as unlawfully taking someone else’s property with the intent to permanently deprive them of it. This includes a wide range of actions, from shoplifting or stealing a wallet to more serious crimes like burglary or embezzlement. Theft can occur in various situations, whether it’s in the form of taking something from a store, a home, or even online fraud.
The state of Texas takes theft seriously, and the law treats the severity of theft offenses based on the value of the stolen property and the circumstances surrounding the theft. It is crucial to understand how theft is classified in Texas so that you can better grasp the potential consequences you might face.
Texas Theft Laws and Theft Classifications
Texas law classifies theft into different levels based on the value of the stolen property. The penalties you face can vary significantly depending on whether the theft is classified as a misdemeanor or a felony. Misdemeanors generally involve theft of property valued at less than $2,500, while felonies apply to more serious thefts, such as those involving stolen property worth more than $2,500.
For example, if the value of the stolen property is less than $100, the crime is typically classified as a Class C misdemeanor. If the value falls between $100 and $750, the offense is considered a Class B misdemeanor. Theft of property worth between $750 and $2,500 is a Class A misdemeanor.
However, if the value exceeds $2,500, theft becomes a felony offense. The severity of the felony can range from a state jail felony to a first-degree felony, depending on the value of the stolen property and the circumstances of the crime.
Penalties for Theft in Texas
The penalties for theft vary significantly, and the consequences can be life-altering. For misdemeanor offenses, penalties can include fines, probation, and short-term imprisonment. A Class C misdemeanor, for example, may result in a fine but no jail time, while a Class A misdemeanor can result in a fine and up to a year in county jail.
Felony theft offenses, on the other hand, carry much harsher penalties. A state jail felony can result in a prison sentence ranging from 180 days to two years. For higher-level felonies, such as a third-degree felony or higher, sentences can increase dramatically, with individuals facing multiple years in state prison.
In addition to jail time or prison sentences, individuals convicted of theft may also face significant fines, restitution to the victim, and long-term consequences such as a criminal record, which can impact future employment opportunities, housing, and even personal relationships.
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
Factors That Influence Penalties for Theft in Texas
While the value of the stolen property is a primary factor in determining the severity of the charges, there are other factors that can influence the penalties you might face. For instance, if you have a prior criminal history, your sentence may be more severe. Repeat offenders often face harsher sentences than first-time offenders.
The circumstances surrounding the theft can also affect the penalties. For example, if you used a weapon or caused harm during the theft, you could face additional charges, which would likely lead to even more severe penalties. Aggravating factors such as the use of force or committing theft during the commission of another crime, such as burglary, can lead to enhanced charges and a longer sentence.
Defenses Against Theft Charges in Texas
If you are facing theft charges, there are several potential defenses that may be available to you. A skilled attorney will examine the specific details of your case and work to find the best possible defense strategy.
In some cases, a person may be accused of theft due to a misunderstanding or false accusation. A common defense is that you did not intend to steal the property, but rather, it was an accidental or unintentional action. Other defenses may involve proving that you had permission to take the property or that you had no knowledge that the property was stolen.
Another defense could involve challenging the evidence presented against you. If the prosecution cannot prove beyond a reasonable doubt that you committed the theft, the charges may be dismissed or reduced. A strong defense can sometimes lead to a more favorable outcome, potentially resulting in a dismissal, reduced charges, or even an acquittal.
What to Do If You Are Charged With Theft in Texas
If you have been charged with theft in Texas, it is important to take the situation seriously and seek legal advice as soon as possible. You may be feeling overwhelmed, but it is crucial to understand that there are legal options available to you, and there is hope for a successful case result.
The first step is to contact an experienced attorney who can evaluate the facts of your case and provide you with personalized legal advice. Having a skilled attorney by your side can make a significant difference in the outcome of your case. They will help you understand your rights, explain the legal process, and work tirelessly to protect your future.
Throughout the legal process, your attorney will fight for your best interests, whether that means negotiating for a reduced sentence, pursuing a plea agreement, or preparing for trial if necessary. A compassionate and knowledgeable attorney can provide guidance and support, helping you navigate the complexities of the legal system and work toward a positive resolution.
How to Prepare for Your Theft Defense Case in Texas
Understand the Charges Against You
The first step in preparing for your theft defense case is to fully understand the charges you are facing. Theft charges can vary depending on the value of the property involved and the circumstances surrounding the alleged crime. For example, a charge for petty theft involves items of lower value, while grand theft pertains to property worth significantly more. Knowing the specifics of your charge will help you and your lawyer plan an effective defense. You should also familiarize yourself with how Texas defines theft. In this state, theft is broadly defined as unlawfully taking property with the intent to deprive the owner of it. However, there are different categories and legal nuances that can impact your case.
Gather All Relevant Information
When preparing for a theft defense case, collecting as much information as possible about the incident is important. This can include any records, receipts, photos, or videos related to the alleged theft. If there were witnesses, try to get their contact information as they may have details that could support your case. Writing down your recollection of events can also be helpful for your defense. Include the time, place, and any conversations you had during the incident. Providing your lawyer with detailed information allows them to build a strong defense on your behalf.
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
Communicate Openly With Your Lawyer
One of the most important aspects of preparing for your theft defense case is working closely with your lawyer. Open and honest communication ensures they have a full understanding of your situation. They cannot properly defend you without all the facts, so it is essential to share every detail, even if it seems minor. Your lawyer will use this information to identify weaknesses in the prosecution’s case, find inconsistencies, and determine the best defense strategy. Make sure to ask any questions you have about the process, as understanding what to expect can help you feel more prepared.
Understand Your Legal Rights
Knowing your rights is a vital part of preparing for a theft defense case. Under the law, you are presumed innocent until proven guilty. You also have the right to remain silent and not incriminate yourself. This means you should be cautious about what you say to law enforcement or anyone else regarding the case. Your lawyer can guide you on how to exercise your rights while navigating the legal process. Being informed about these rights can protect you from making mistakes that could harm your defense.
Develop a Defense Strategy
A strong defense strategy is crucial for your case. Your lawyer will analyze the evidence and circumstances to determine the most effective approach. Depending on the specifics of your case, your defense might involve showing that you did not intend to commit theft, proving that you had permission to take the property, or challenging the credibility of the evidence against you. Your lawyer may also explore whether your rights were violated during the investigation or arrest, as this could result in certain evidence being excluded. A clear and well-planned defense strategy gives you the best chance at a positive outcome.
Stay Organized and Prepared
Organization plays a key role in preparing for your theft defense case. Keep all documents and information related to your case in one place so they are easy to access. This includes court documents, evidence, witness contact information, and any communication with your lawyer. Attend all scheduled meetings with your lawyer and follow their advice carefully. Being proactive and prepared shows the court that you are taking the case seriously, which can work in your favor.
Prepare for Court Appearances
If your case goes to court, being prepared for your appearances is essential. Dress appropriately and arrive on time to show respect for the court. Listen carefully to your lawyer’s instructions about how to conduct yourself during the proceedings. Practice answering potential questions you may be asked, as this can help you feel more confident and composed. Showing the judge and jury that you are respectful and well-prepared can leave a positive impression.
Manage Stress During the Process
Facing a theft charge can be stressful and emotionally taxing. It is important to take care of yourself during this time. Lean on family and friends for support and consider speaking with a counselor if you feel overwhelmed. Managing stress allows you to stay focused and engaged in your defense. Remember that your lawyer is there to guide you and that you do not have to face this challenge alone.
Understand Potential Outcomes
While preparing for your case, it is important to have a realistic understanding of the potential outcomes. Theft charges can result in a range of consequences, including fines, probation, community service, or jail time. Your lawyer will work to reduce these penalties or seek alternative resolutions, such as a plea agreement. Being aware of what to expect can help you and your lawyer create a plan that aims for the most favorable result possible.
Work Toward a Positive Resolution
The goal of preparing for your theft defense case is to work toward a positive resolution. This may involve negotiating with the prosecution, presenting a strong defense in court, or seeking alternative sentencing options. Your lawyer will use their knowledge and resources to advocate for you every step of the way. Trusting their guidance and staying committed to the process can make a meaningful difference in the outcome of your case.
Facing theft charges in Texas is a serious matter that requires immediate attention. At McCarty Larson, PLLC, we understand the gravity of your situation, and we are here to help you achieve the best possible outcome. Our team is dedicated to providing you with compassionate, experienced legal representation throughout the entirety of your case. If you are facing theft charges, don’t wait—contact us today to schedule a consultation and let us guide you through this challenging time. Together, we can work towards securing a successful case result.