Fort Worth Theft Crime Lawyers

Aggressive Defense Against Theft Charges in Tarrant County

If you have been arrested for theft or wrongly accused of committing larceny, you probably have many questions regarding the potential consequences you might face. Our Fort Worth theft attorneys at the Law Office of Mark M. Childress can help answer your questions, provide you with legal advice, and fight to protect your rights.

Call the Law Office Of Mark M. Childress today at (817) 497-8148 or contact us online to schedule a meeting with our theft crimes attorney in Fort Worth!

Understanding Theft Offenses Under Texas Law

According to Texas Penal Code § 31.03, an individual has committed theft if he/she “unlawfully appropriates property with intent to deprive the owner of property.” This means that theft is taking anything that does not belong to you without the owner’s consent.

Texas classifies theft offenses based on the value of the stolen property, items, or services and includes criminal acts such as:

• Shoplifting (retail theft)
• Theft from a person
• Theft by false pretext
• Acquisition of property by threat
• Swindling
• Embezzlement
• Extortion
• Receiving or concealing embezzled property
• Receiving or concealing stolen property

Is Theft Considered a Misdemeanor or a Felony in Texas?

This depends on the type of theft that was committed. 

Here is a breakdown of the types of misdemeanors and felonies you could get charged with – this varies according to amount of property/items/services you stole:

Class C Misdemeanor Theft

This can be charged if the stolen property/items/services were worth less than $50. The punishment for this offense in Texas is no more than $500.

Class B Misdemeanor Theft

In Texas, theft is considered a Class B misdemeanor if the value of the property/items/services stolen was $50 or more but less than $500 or if the item stolen was a person’s driver’s license or additional ID card.

The punishment for this offense is a jail sentence of no more than six months and a fine of no more than $2,000 – or, in some cases, both.

Class A Misdemeanor Theft

Theft is a class A misdemeanor in Texas when the value of the stolen property/items/services is $500 or more but less than $1,500. The punishment for this is a jail sentence of no more than a year, a fine that cannot exceed $4,000, or both.

State Jail Felony Theft

Texas law defines a state jail felony theft as theft when the value of the stolen property/items/services is $1,500 or more but less than $20,000. Firearms and livestock are included. The punishment for this type of theft is a prison sentence that ranges from 6 months to 2 years, plus a fine that cannot exceed $10,000.

Felony of the Third-Degree Theft

This offense happens if the value of the stolen property/items/services is $20,000 or more but less than $100,000. Livestock is included.

The punishment for this offense is incarceration for 2 to 10 years and a fine not exceeding $10,000.

Felony of the Second-Degree Theft

In Texas, theft is a felony of the second degree if the value of the property/items/services stolen is $100,000 or more but less than $200,000.

The punishment for this is 2 to 20 years of imprisonment and a fine that cannot exceed $10,000.

Felony of the First-Degree Theft

If the value of the property/items/services stolen was $200,000 or more, it is considered a theft felony of the first degree. The punishment is 5 to 99 years in prison and a fine that will not exceed $10,000.

Robbery & Aggravated Robbery Charges

Robbery: Definition & Penalties

According to Texas Penal Code § 29.02, robbery occurs when a person, in the course of committing theft, intentionally, knowingly, or recklessly (a) causes bodily injury to another; or (b) threatens or places another in fear of imminent bodily injury or death.

Robbery is generally classified as a second-degree felony in Texas. Penalties for this crime may include imprisonment for 2 to 20 years and fines of up to $10,000.

Aggravated Robbery: Definition & Penalties

In Texas, aggravated robbery is defined under Section 29.03 of the Texas Penal Code. Aggravated robbery is a more serious offense than simple robbery, and it involves additional elements that escalate the severity of the crime. 

Aggravated robbery occurs when a person commits robbery and:

• Causes serious bodily injury to another person; 
• Uses or exhibits a deadly weapon during the robbery; or
• Causes bodily injury to another person who is at least 65 years old and/or disabled or places them in fear of imminent bodily injury or death.

In Texas, aggravated robbery is a first-degree felony. Penalties for this type of crime may include imprisonment for 5 to 99 years and fines of up to $10,000.

Burglary Charges

Burglary is a criminal offense involving unlawful entry into a building or structure with the intent to commit a crime inside, typically theft. The crime of burglary does not necessarily require theft to occur; it only requires the intent to commit a crime upon entry. This can include theft and other crimes such as assault, vandalism, or any felony.

In Texas, burglary is defined under the Texas Penal Code, specifically in Section 30.02. According to this statute, burglary occurs when a person enters a habitation, building, or any part of a building without the effective consent of the owner and with the intent to commit a felony, theft, or assault.

The severity of the offense and the penalties imposed depend on various factors, such as whether the building was a habitation (a place where someone lives) or a non-habitation (a place like a business), whether the defendant was armed during the commission of the offense, and whether bodily injury or death resulted from the burglary.

Here's a summary of the burglary laws and penalties in Texas:

• Burglary of a Habitation (First Degree Felony): Penalties: Imprisonment for a term ranging from 5 to 99 years, or life imprisonment, and/or a fine of up to $10,000.
• Burglary of a Building other than a Habitation (State Jail Felony): Penalties: Imprisonment for a term ranging from 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.
• Burglary of a Vehicle (Class A Misdemeanor): Penalties: Up to 1 year in county jail and/or a fine of up to $4,000.
• Burglary with Intent to Commit a Felony Other than Theft or Committing or Fleeing from a Felony (Second Degree Felony): Penalties: Imprisonment for a term ranging from 2 to 20 years and/or a fine of up to $10,000.
• Burglary with Intent to Commit Theft (State Jail Felony): Penalties: Imprisonment for a term ranging from 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.

The Impact of Prior Convictions on Theft Charges

Prior convictions can significantly affect the severity of theft charges and potential penalties. Texas law takes past criminal history into account when determining how to classify and sentence theft crimes:

• Escalation of charges: If a person has prior theft convictions, even minor thefts can be elevated to more serious offenses.
• Repeat offenders: A defendant with two or more prior theft convictions can face felony charges, regardless of the value of the stolen property.
• Longer prison sentences: Prior convictions often lead to harsher penalties, including longer jail or prison sentences.
• Increased fines: Repeat offenders may face higher fines as penalties increase with each conviction.
• Impact on plea deals: Defendants with prior convictions may have fewer options for negotiating plea deals or reducing charges.

The Role of Restitution in Theft Cases 

Restitution is an essential element in many theft cases, where the defendant may be required to compensate the victim for losses incurred:

• Compensation for stolen property: Defendants may be ordered to pay back the total value of the stolen items or services.
• Additional costs: Restitution can include reimbursement for any damages caused during the theft, such as property damage.
• Court-ordered payments: Payments are typically court-ordered and must be made within a specific timeframe, often as part of probation conditions.
• Alternative to jail time: In some cases, fulfilling restitution requirements can result in reduced sentences or probation instead of jail time.
• Impact on future opportunities: Failure to comply with restitution orders can lead to further legal consequences, including additional charges or penalties.

Defenses Against Theft Crime Theft Charges

Several common legal defenses can be used against theft charges. It's important to note that each case is unique, and a defense strategy's effectiveness depends on the circumstances surrounding the alleged theft. Here are some common defenses:

• Lack of Intent: One of the key elements of theft is the intent to deprive the owner of their property permanently. It can be a valid defense if the defendant can demonstrate that they did not intend to steal the property. For example, they may argue lack of intent if they believed the property was abandoned or mistakenly thought they had the right to take it.
• Claim of Right: A defendant may argue that they had a legitimate claim of right to the property. This defense asserts that the defendant honestly believed they had a legal right to the property, even if that belief was mistaken. For instance, if the defendant believed the property was theirs or that they were entitled to take it under a contract or agreement.
• Consent: If the defendant had permission or consent from the owner to take the property, it can be a defense against theft. However, the consent must be freely given and not obtained through fraud or deception.
• Mistake of Fact: A mistake of fact defense involves the defendant arguing that they made an honest mistake about the circumstances surrounding the taking of the property. For example, if they mistakenly believed the property was theirs or that they had permission to take it.
• Duress or Coercion: If the defendant was compelled to commit the theft under threat of harm or coercion, they may be able to use duress as a defense. However, the threat must be imminent and unavoidable.
• Entrapment: If law enforcement officers induced or encouraged the defendant to commit the theft when they would not have done so otherwise, it may be considered entrapment and serve as a defense.
• Ownership or Right to Possession: The defendant may argue that they are the rightful owner of the property or had a right to possess it at the time of the alleged theft.
• Insufficient Evidence: Finally, the defendant may challenge the prosecution's evidence, arguing that it is insufficient to prove guilt beyond a reasonable doubt. This could involve attacking the credibility of witnesses or raising doubts about the chain of custody of the alleged stolen property.

Contact Our Fort Worth Theft Crimes Attorney Today

Are you facing charges for a theft offense in Tarrant County? Contact an experienced theft crime lawyer in Fort Worth to ensure your rights are protected. When you choose the Law Office of Mark M. Childress, we promise to pursue the best possible outcome for your case.

Contact the Law Office of Mark M. Childress today to schedule a meeting with our Fort Worth theft crimes lawyer!