Dallas Theft Attorney Provides Skilled Defense For Theft Cases

If you’re facing a theft charge, a Dallas theft attorney can help you understand the legal process and potential defenses. Theft cases in Dallas vary widely based on the type and value of property involved, from minor misdemeanors to serious felonies. An experienced attorney will guide you through Texas theft laws, helping you navigate penalties and possible outcomes tailored to your case’s specifics.

Understanding how theft cases are prosecuted in Dallas is essential, as both the evidence required and the legal strategies employed can vary widely. In Texas, a theft conviction requires the prosecution to prove that the accused knowingly took or attempted to take property with the intent to deprive the owner permanently. Defense attorneys often examine whether the intent was clear or if mitigating circumstances, like accidental possession or mistaken identity, played a role. In cases involving higher-value property or repeat offenses, prosecutors may seek enhanced penalties, particularly if aggravating factors—such as theft from an elderly person or by a public official—are involved.

A Dallas theft attorney will look for opportunities to challenge the evidence, negotiate reduced charges, or explore alternative sentencing options, including probation. Having legal representation not only helps in navigating the nuances of Texas’s complex theft laws but also improves the likelihood of a favorable outcome, potentially reducing the long-term consequences of a conviction.

Theft Definition Under Texas Law

Theft is defined in the Texas Penal Code as the taking of another person’s property without their consent, with the intent to deprive them of that property. In order for someone to be convicted of theft, they must have taken or controlled the property without permission (e.g., breaking and entering). Texas theft laws also specify that theft can occur even without a physical taking, such as in cases of theft by deception. Theft can be a misdemeanor or felony depending on the value of the stolen property.

There are many different types of theft, including organized retail theft, theft by check, and cargo theft. The degree of punishment increases with the property’s value and any prior offenses. Other crimes related to theft can include larceny, embezzlement, and burglary.

Theft-Related Crimes

Theft-related crimes are generally broken down into categories like larceny, robbery, burglary, and embezzlement, each with specific penalties and requirements for prosecution. If you are charged with a theft-related crime, it’s important to have an attorney who can help you fight the charge and protect your rights.

A guilty verdict for a theft-related crime can lead to criminal fines, restitution, or even imprisonment. Knowing the applicable laws is crucial to avoid serious consequences for yourself and your family.

Classification Of Offenses & Penalties By A Dallas Theft Attorney

Theft offenses in Texas are classified according to the value of the property or service stolen. The classification determines the severity of punishment an offender may face. Misdemeanor classifications range from Class C (least severe) to Class A, and felony classifications include state jail felonies up to first-degree felonies. In addition to fines and possible imprisonment, a judge can also order an offender to pay restitution to the victim.

For example, a first-degree felony, which involves theft of property worth $300,000 or more, is punishable by 5 to 99 years in prison and a fine of up to $10,000. If you have a prior theft conviction, subsequent charges may carry enhanced penalties. Theft committed by a public servant or contractor may also result in increased penalties than theft offenses not related to these roles.

Class C Misdemeanor Theft

A Class C misdemeanor is the most minor type of theft crime and involves property valued at less than $100. This is punishable by a fine of up to $500, with no jail time involved.

Class B Misdemeanor Theft

Class B misdemeanor theft includes stolen property or services valued at $100 or more but less than $750. This level is punishable by up to 180 days in jail and/or a $2,000 fine.

Class A Misdemeanor Theft

Class A misdemeanor theft involves property valued at $750 or more but less than $2,500. It is punishable by up to a year in jail and/or a fine of up to $4,000.

Certain items, such as firearms or specific livestock, can elevate these charges to a felony. Theft is defined broadly as taking anything that does not belong to you with the intent to deprive the rightful owner.

State Jail Felony Theft

State jail felony theft applies to stolen property valued between $2,500 and $30,000. The punishment for a state jail felony theft can include 180 days to 2 years in a state jail and a fine up to $10,000. While not as severe as higher felony levels, state jail felonies still carry significant penalties.

Third-Degree Felony Theft

Theft becomes a third-degree felony if the stolen property is valued between $30,000 and $150,000. This offense is punishable by 2 to 10 years in prison and a fine of up to $10,000.

Second-Degree Felony Theft

Second-degree felony theft involves property valued between $150,000 and $300,000. Penalties include 2 to 20 years in prison and a fine of up to $10,000.

First-Degree Felony Theft

First-degree felony theft is charged when the value of the stolen property is $300,000 or more. Penalties range from 5 to 99 years or life imprisonment and a fine up to $10,000.

Enhanced Theft Penalties

If someone commits theft and it is their third offense, the penalties will be harsher if the stolen property is owned by an elderly individual or is controlled by a public servant who used their official status to commit the theft. Additionally, Texas law increases penalties for attempts to prevent a retail theft detector from sounding or for using a shielding or deactivation instrument to avoid detection. Making or distributing such a device is a Class A misdemeanor.

Enhanced penalties in Texas also apply to theft of vehicles valued over certain thresholds rather than all vehicle thefts. The penalty for stealing a vehicle or certain high-value property can lead to charges from a third-degree felony, carrying 2 to 10 years in prison, to a first-degree felony with penalties of up to life imprisonment for extreme cases. Finally, enhanced penalties apply to possession of stolen property if the value is substantial, with fines up to $10,000 and prison terms depending on the degree of the felony.

In some cases, theft penalties in Texas can be further increased if the crime involves certain aggravating factors. For instance, if the theft is part of organized criminal activity or involves particularly high-value items, such as artwork or controlled substances, the charges and potential sentencing may be elevated. Texas law also imposes harsher sentences for theft occurring in disaster areas or theft targeting critical infrastructure, recognizing the heightened impact these crimes have on communities and public safety.

Types Of Theft Under Texas Law

Texas law includes various types of theft crimes, such as shoplifting, check fraud, general theft, knowingly buying or accepting stolen property, and credit card abuse. Each type carries its own set of penalties, with the severity based on the property’s value and, sometimes, the context of the theft (e.g., against elderly individuals or by a public official).

Penalties For Theft In Texas

The penalties for theft in Texas vary based on the stolen property’s value:

• Class C Misdemeanor: Property valued under $100, punishable by fines only.
• Class B Misdemeanor: Property valued between $100 and $750, punishable by up to 180 days in jail, fines up to $2,000, or both.
• Class A Misdemeanor: Property valued between $750 and $2,500, with penalties including up to one year in jail and fines up to $4,000.
• State Jail Felony: Property valued between $2,500 and $30,000, carrying sentences of 180 days to 2 years in state jail and fines up to $10,000.

For more valuable thefts:

• Third-Degree Felony: Theft of property worth $30,000 to $150,000, carrying 2 to 10 years in prison and fines up to $10,000.
• Second-Degree Felony: Property valued between $150,000 and $300,000, with penalties of 2 to 20 years in prison and fines up to $10,000.
• First-Degree Felony: For theft over $300,000, penalties include five to 99 years or life imprisonment and fines up to $10,000.

If you’re facing theft charges in Texas, securing a criminal defense attorney is crucial. Theft charges are serious and can result in severe penalties if you’re convicted.

Summary

Facing theft charges in Texas can lead to serious consequences, with penalties varying widely depending on the value and type of property involved. Theft under Texas law includes various crimes such as shoplifting, check fraud, and general theft, each carrying penalties that escalate with property value and any aggravating factors.

Theft crimes are categorized by misdemeanors and felonies, from minor Class C misdemeanors to first-degree felonies involving significant prison terms and fines. Given the complexities of Texas theft laws, an experienced theft attorney in Dallas is invaluable for navigating defenses, challenging evidence, and potentially securing reduced charges or alternative sentences.

The Medlin Law Firm offers skilled representation, guiding clients through every stage of the legal process. For those facing theft charges, seeking legal counsel promptly can be essential for protecting rights and mitigating long-term repercussions.

If you or someone you know has been charged with theft, contact an experienced theft attorney at The Medlin Law Firm for a free case evaluation.