Austin Theft Crime Attorneys

Charged With a Theft Offense in Texas?

Taking property belonging to another person without their consent or permission is a serious criminal offense under Texas law. Theft offenses are classified as misdemeanors or felonies depending upon the value of the property taken. Penalties for a conviction can include imprisonment and hefty fines, but the long-term consequences can be devastating.

A background check revealing a theft arrest or conviction may cause an employer to believe you are dishonest and untrustworthy. Representation by experienced and trusted Austin theft and shoplifting lawyers is essential to fight the penalties and consequences of an Austin conviction.

If you need a lawyer for theft crimes charged against you, contact us onlineor via phone at (512) 991-0576.

Different Types of Theft Crimes in Texas

Shoplifting is only one of several theft offenses under Texas Penal Code §31.03. The statute defines theft as appropriating property belonging to another party without their consent and with the intent of depriving them of it. The law is not limited only to physically taking something.

Theft offenses can encompass a wide range of illegal activities, each with its own unique elements and potential consequences. At Cofer & Connelly, PLLC, our Austin theft crime lawyers have extensive knowledge and expertise in handling various types of theft crimes.

Here are some common types of theft offenses:

• Shoplifting: Shoplifting involves the act of stealing merchandise from a retail store without paying for it. This can include concealing items, switching price tags, or altering packaging.
• Burglary: Burglary refers to unlawfully entering a building or structure with the intent to commit theft or any other felony. It typically involves breaking and entering into someone's property.
• Robbery: Robbery occurs when theft is accompanied by the use of force, threat, or intimidation against the victim. This can include stealing someone's belongings by physically assaulting them or using a weapon.
• Identity Theft: Identity theft involves using someone else's personal information, such as their name, Social Security number, or credit card details, without their consent for financial gain.
• Embezzlement: Embezzlement occurs when a person entrusted with someone else's property or funds misappropriates them for their own personal use or benefit.

It's important to understand the specific elements and potential penalties associated with each type of theft offense. Our skilled attorneys can provide you with personalized legal advice and representation tailored to your unique situation. Contact Cofer & Connelly, PLLC today to schedule a consultation.

Penalties for Theft Offenses in Texas

A theft offense is either a felony or a misdemeanor depending upon the value of what is taken. The classification ranges from a class C misdemeanor for theft of property valued at less than $50 to a first-degree felony when the property value exceeds $200,000. Penalties range from a maximum fine of $500 for conviction of a C misdemeanor to a $10,000 fine and up to 99 years in prison for conviction on a first-degree felony.

Strategic Defense for Theft Charges in Austin, TX

When facing theft charges, it is important to understand that you have rights and options. Our Austin theft offense lawyers will thoroughly investigate the circumstances surrounding your case, gather evidence, and build a strong defense to protect your rights and interests.

To defend against theft charges, you must challenge the prosecution's evidence and present a strong case in your favor. Here are some common defenses:

Lack of Intent

Proving that you did not intend to steal the property can be a strong defense. Theft requires intent, so if you can show that you did not intend to deprive the owner of their property, you may be able to avoid conviction. For instance, if you believed you had the right to take the property or if you took it by mistake, you could argue lack of intent.

Mistake of Fact

If you mistakenly believed that the property was yours, this can serve as a defense. Mistake of fact means that you had a genuine belief that you had the right to the property. This defense requires demonstrating that your belief was reasonable under the circumstances.

Consent

If the owner of the property gave you permission to take or use it (e.g., permission to use a vehicle), this can serve as a defense to charges. Effective consent means that the owner willingly allowed you to take the property. However, the prosecution might argue that the consent was not valid if it was obtained through deception or coercion.

Duress

Duress involves showing that you were compelled to commit the crime because of immediate threat to your safety. This defense requires proof that you had no reasonable way to avoid the threat except by committing the theft.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you committed theft. If they lack solid evidence, you can argue that there isn't enough proof to convict you. This might involve questioning the credibility of witnesses or the reliability of evidence presented.

Entrapment

If law enforcement officers induced you to commit a theft that you otherwise would not have committed, you might have an entrapment defense. This involves showing that officers persuaded you to commit the crime and that you were not predisposed to do so.

With our extensive knowledge of Texas theft laws and courtroom experience, we will fight vigorously to achieve the best possible outcome for your case. We understand the potential consequences of a theft conviction, including fines, probation, and even imprisonment, and we are committed to protecting your freedom and future. Contact Cofer & Connelly, PLLC today to schedule a consultation.

Steps to Take if You’re Charged with Theft

If you’re charged with theft, taking immediate steps can help protect your rights and strengthen your defense.

Stay Calm and Gather Information

Staying calm is crucial. Gather as much information as possible about the incident, including any witnesses who can support your version of events. Documenting your actions and the context can be helpful for your defense.

Avoid Speaking to Police Without a Lawyer

You have the right to remain silent and to have a lawyer present during questioning. Whatever you say can be used against you, so it’s wise to wait for legal advice before speaking to law enforcement.

Hire an Experienced Criminal Defense Lawyer

A skilled lawyer can help you understand your rights and options. They can examine the evidence against you, uncover holes in the prosecution’s case, and develop a strategy tailored to your situation.

Get Legal Support from Austin's Trusted Theft Offense Attorneys

An accusation is not the same as a conviction. The prosecution must prove each element of a theft charge beyond a reasonable doubt for a conviction. 

Our Austin theft offense attorneys have extensive experience handling theft offenses as a Travis County prosecutor and criminal defense advocate. Our knowledge of defenses and pretrial diversion programs allows us to provide our clients with the opportunity to avoid the consequences of a conviction.

To speak with our theft crime attorneys in Austin, TX contact us onlineor give us a call at (512) 991-0576.