Waco Theft Crime Defense Lawyers

What Constitutes a Theft Charge in Texas? | McLennan County

Theft charges must involve several key elements for the prosecuting attorney to secure a conviction. The prosecution must prove beyond a reasonable doubt that the defendant:

• Unlawfully took or possessed property that did not belong to him/her;
• Without the owner’s consent; and
• With the intent of depriving its rightful owner of its possession or use.

So, if you were charged with a theft offense in Texas, you've got your work cut out for you. However, you don't have to face the charge alone. You can turn to Milam & Fanning, PLLC. Our Waco theft defense attorneys will do everything possible to keep your record clean. That could mean pleading "not guilty" and proceeding to trial. Or, it could mean securing an offer of deferred probation or some other resolution that enables us to minimize the damage to your record. 

To find out how we can protect your interests and future, call (254) 237-5602 and arrange a consultation.

Does Intent Matter in a Theft Case?

Keep in mind that a person must intend to commit theft in order to be guilty of it. This may seem like a silly thing to say, but sometimes people commit theft when they are at a store with other people without telling those other people what they are up to. In these cases, loss prevention staff and law enforcement officers tend to declare the entire group guilty of shoplifting.

Now, it is possible that the entire group could be guilty of theft when stolen merchandise is only found on one person. Imagine a situation where Person 1 is putting merchandise in his bag, Person 2 is standing lookout, Person 3 is intentionally distracting a store employee, and Person 4 is waiting in the parking lot, revving the engine of the getaway car.

Here, through what we commonly refer to as the law of parties, all four people would be guilty. However, if Persons 2, 3, and 4 are not in any way helping or encouraging Person 1 to commit theft, then they don't become guilty simply because they are present.

What is the Punishment for Theft in Texas?

The punishment for theft in Texas depends on the value of what was stolen & the manner in which it was stolen, including:

• Class C Misdemeanor - Property/services valued at less than $100; no jail time & up to $500 in fines
• Class B Misdemeanor - Property/services valued at $100 or more but less than $750; up to 180 days in county jail &/or up to $2k in fines
• Class A Misdemeanor - Property/services valued at $750 or more but less than $2.5k; up to 1 year in county jail &/or up to $4k in fine
• State Jail Felony - Property/services valued at $2.5k or more but less than $30k; 180 days to 2 years in a state jail facility &/or up to $10k in fines. A state jail felony is its own punishment class. It is served in a state jail facility rather than a TDCJ prison unit, and it carries distinct enhancement rules — a deadly weapon finding or certain prior convictions bump it up to third-degree felony punishment (Tex. Penal Code § 12.35(c)).
• Third Degree Felony - Property/services valued at $30k or more but less than $150k; 2 to 10 years' imprisonment &/or up to $10k in fines
• Second Degree Felony - Property/services valued at $150k or more but less than $300k; 2 to 20 years' imprisonment &/or up to $10k in fines
• First Degree Felony - Property/services valued at $300k or more; 5 to 99 years or life imprisonment &/or up to $10k in fines

Theft penalties will also be enhanced if the theft committed was against a public servant, a government affiliate, a nonprofit organization, a person 65 years old or older, a Medicare provider, if the theft tampered with the fire alarm, or if the theft was executed using a deadly weapon.

When it comes to applying for jobs, a theft conviction is one of the worst possible convictions to have on your record. At the end of the day, it is going to be pretty tough for a potential employer to believe they can trust a person around their cash if that person has previously been caught taking something of value that didn't belong to them.

Learn more about what to expect from the local court system by calling our Waco theft defense lawyers at (254) 237-5602. We are here to fight for your rights. Our attorneys serve Waco and all of McLennan County.