Theft Lawyer

Dallas Theft Charges Defense Lawyer

Have you been arrested for theft, robbery, larceny, or any other form of theft in Dallas recently?  In Texas, a felony theft conviction has severe consequences. Your life will be turned upside down, you can face a lengthy state jail or prison sentence, years of probation, loss of rights, including many more life long consequences.

Let Tim Clancy defend your rights, and have your charges reduced or even outright dismissed. Don’t gamble with your future when you have a skilled and knowledgable defense attorney Tim Clancy just a phone call away.

Schedule a FREE consultation and have Tim review your theft charges.  He will answer your questions, and review potential strategies that can be used to avoid a conviction.

Call(972) 908-0695! Consultations are always free. You pay nothing at all. 

Here Is How Theft Defense Lawyer Tim Clancy Can Help You

Do not hope for the best. A prosecutor is not your friend. They also do not like to lose. They want wins on their record.  They will not back down without a fight.

There are many example of how a criminal defense attorney can help you fight a theft accusation and charges. Theft is often a misunderstand charge, or overly exaggerated by accusers. Sometimes the value of the item stolen is incorrect, an intelligent and skilled attorney can help clear up the true value and have your charges reduced from a felony to a misdemeanor.

Attorney Tim Clancy has one target in mind when he takes on your case. That is to help his clients avoid a conviction and the consequences that come with it.

Defense Strategies For Theft Charges in Dallas

Tim Clancy uses a variety of strategies to fight theft charges. He knows how to challenge the prosecution’s case and help you achieve the best possible outcome. Some of these strategies include:

• Lack of Intent: Was the theft accidental or a misunderstanding? We can challenge intent.
• Mistaken Identity: We investigate focusing on identifying unreliable witness testimony and evidence.
• Ownership and Possession: Proof can be presented if you have a legal claim to the property.
• Insufficient Evidence: We review all evidence. If the evidence is weak, or illegally obtained, we can have your charges reduced or dismissed.
• Entrapment: It is illegal for law enforcement to induce or coerce the theft.
• Consent: If possible, we can show proof that the owner allowed you to take the item.

Case Results & Outcomes We Fight For

• Case Dismissal:  Weak evidence or a violation of rights can lead to dismissal.
• Reduced Charges: Negotiating lesser charges, penalties and avoiding consequences of a conviction.
• Diversion Programs: First-time offenders may qualify for alternative sentencing like probation versus a conviction.
• Expungement Eligibility: Take a legal route to clear your record.

Theft:Texas Penal Code Title 7, Chapter 31

Many other states identify theft-related offenses using multiple statutes (for example, classifying grand theft auto and credit card theft separately), Texas has just one statute for theft-related crimes.

Texas Penal Code Title 7, Chapter 31 contains all the definitions, classifications and punishments for theft in Texas. The short definition is: theft (or larceny) occurs when taking the property of another person or business with an intent to deprive the owner of their property.

1. The accused must have taken the property without obtaining owner consent.
2. The accused intended to take property away from the owner permanently.
3. The taking of an owners property was unlawful.

There is no minimum property value in order to qualify as theft under Texas law. You can be convicted of theft whether you stole a $.05 stick of gum or a $200,000 car.

Types of Theft in Texas

While there is only one statute under Texas law that addresses theft offenses, the law does create seven different degrees of theft charges that offenders may face. The guidelines for these degree classifications are defined mainly by the value of the item or items taken.

• Petty theft
• Larceny
• Shoplifting
• Theft of service
• Aggravated theft
• Fraud
• Burglary of a vehicle or building
• Robbery
• Bad checks
• Credit Card Abuse

How Theft Is Classified in Texas

Classification and consequences of theft in Texas is based on the value stolen. The penalties associated with each theft charge will range between misdemeanor and felony charges.

The difference between a theft charge and robbery is based upon whether there was a person injured when the crime took place. A robbery will always be a felony offense, because it is associated with making a victim feel pain. We use the word pain, because in Texas “bodily injury” is defined as “to feel pain”.

Theft Laws And Penalties In Texas

Below you will find everything you need to know about the theft charge you are facing.  Aggravating factors like having a firearm during a theft can elevate your charges. The value stolen will also vary based on fair value or replacement value. This is why an attorney is vital when facing theft charges.

• Class C Misdemeanor Theft or Petty Theft:
  • Theft is classified as a class C misdemeanor
  • If the property stolen is valued less than $100.
  • Maximum fine up to $500.
• Class B Misdemeanor Theft
  • If the property stolen is valued between $100 and $750.
  • Additionally, theft of another person’s driver’s license or state ID card is automatically classified as a class B misdemeanor.
  • Maximum fine up to $2,000
  • Up to 180 days in jail.
• Class A Misdemeanor Theft:
  • If the property stolen is valued between $750 and $2,500.
  • up to $4,000 in fines
  • Up to 1 year in jail.
• State Jail Felony Theft or Grand Theft:
  • If the property stolen is valued between $2,500 and $30,000.(There are additional types of thefts that are automatically bumped up to this level, regardless of the value of the property. This includes any thefts of graves or corpses and all thefts of firearms.)
  • Fines of up to $10,000
  • Possible state jail between 180 days and 2 years
• Third Degree Felony Theft:
  • If the property stolen is valued between $30,000 and $150,000.(There are certain types of theft that are explicitly categorized as a third degree felony, including the theft of horses, cattle or exotic livestock of any value and the unlawful taking of controlled substances of any value from a pharmacy or other distributor.)
  • Maximum fine up to $10,000
  • Potential prison sentence between 2 and 10 years.
• Second Degree Felony Theft: Theft
  • If the property stolen is valued between $150,000 and $300,000. (All thefts of automated teller machines (ATMs) are automatically classified as second degree felonies in the state.)
  • Maximum fine of $10,000
  • Possible prison sentence of between 2 and 20 years.
• First Degree Felony Theft:
  • If the property stolen exceeds $300,000.
  • Maximum fine up to $10,000
  • Prison time of 5 and 99 years.

Frequently Asked Questions about Texas Theft Charges

Do I need a lawyer for petty theft or shoplifting charges?

Yes. Even for misdemeanor theft, you need a lawyer to defend your rights and get you the fairest sentence possible. A petty theft conviction can prevent you from receiving a job, getting into college, or qualifying for a loan or housing lease. Don’t just pay the fine and hope it goes away. Let the theft attorneys at Clancy & Clancy represent you. We will defend you against unfair charges and can work to have your record expunged in the event of a conviction.

What if I have prior theft convictions?

If you have past convictions for theft, the charges you face for any subsequent theft allegations may be elevated. Specifically, if you are accused of stealing property worth less than $100 (normally a class C misdemeanor) but you’ve been convicted of any degree of theft in the past, the charges are automatically elevated to a class B misdemeanor.

Are there any additional circumstances that can change the degree of charges faced?

Yes, Texas statute outlines several cases in which the charges are automatically increased by one degree (e.g., from third degree felony theft to second degree felony theft) from how they would normally be categorized based on the value of the property stolen. This includes public servants who are accused of stealing at work or embezzlement; governmental contractors who are accused of stealing items as part of that professional relationship; instances where the victim property owner is elderly or a nonprofit organization; Medicare providers who are accused of stealing items obtained through their relationship with the government; and instances where the defendant is accused of triggering or disabling a fire alarm as part of the theft.

What are the possible defenses to a theft charge under Texas law?

If you have been accused of theft, there are several defenses available to you. Because theft requires the intent to steal, lack of intent can defeat a theft charge (such as showing that you borrowed an item and merely forgot to return it). Duress and mistake of facts (such as believing an item to be stolen when it wasn’t) are also defenses. Though age is not a total defense, minors may face reduced charges. The theft lawyers at Clancy & Clancy have significant experience defending clients against charges ranging from shoplifting and petty theft to grand larceny and auto theft. We know the law and can represent your interests effectively.

Can I get my theft charge dismissed?

At Clancy & Clancy we strive to help all of our clients get their charges dismissed or reduced. Several factors may enable you to have your charges dismissed. You may not have known the item was stolen, or someone else took the property and you were falsely accused. The prosecutor must prove that you intended to deprive the owner of their property. Our experienced theft attorneys have the knowledge and the understanding to develop a defense strategy and get you a dismissal or charge reduction.

Contact a Dallas Area Theft Lawyer

Tim Clancy utilizes years of experience to aggressively defend clients. If you are facing theft charges, and need an experienced Texas criminal defense lawyer, we can help.

For additional information about theft laws in Texas, schedule a confidential consultation by calling us at (972) 908-0693. If you prefer, fill out our contact form and we will contact you.