Strategic Defense for Theft Charges in East Texas
More Than Just Property is at Stake
In Texas, a theft charge is considered a "crime of moral turpitude." This means a conviction, even for misdemeanor shoplifting, can have devastating consequences beyond fines or jail time. It can prevent you from getting a job, renting an apartment, or obtaining a professional license. Prosecutors in East Texas, from Longview to Tyler, take these charges seriously, and so do we. We understand that we're not just defending a case; we're defending your character and your future.
Understanding Texas Theft Laws
Theft is broadly defined as unlawfully taking someone else's property with the intent to permanently deprive them of it. The severity of the charge depends almost entirely on the value of the property involved. We handle all types of theft-related allegations:
Shoplifting & Retail Theft
The most common theft charge. A simple mistake or a moment of poor judgment can lead to a permanent criminal record if not handled correctly.
Burglary (Vehicle, Building, or Habitation)
This is more serious than simple theft. It involves entering a space without consent with the intent to commit a theft, assault, or felony. Burglary of a Habitation is a first-degree felony.
Theft by Check or Credit Card Abuse
Writing a bad check or using a credit card without permission can lead to serious charges, with penalties determined by the amount of the check or transaction.
Receiving or Concealing Stolen Property
You can be charged with theft even if you weren't the one who initially stole the property. The state must prove you knew or should have known the property was stolen.
The Texas Theft Penalty Ladder
The value of the property stolen directly determines the charge. A small difference in value can mean the difference between a ticket and a felony.
- Less than $100: Class C Misdemeanor (fine only)
- $100 to $750: Class B Misdemeanor (up to 180 days in jail)
- $750 to $2,500: Class A Misdemeanor (up to 1 year in jail)
- $2,500 to $30,000: State Jail Felony (up to 2 years in state jail)
- $30,000 to $150,000: Third-Degree Felony (2 to 10 years in prison)
- $150,000 to $300,000: Second-Degree Felony (2 to 20 years in prison)
- Over $300,000: First-Degree Felony (5 to 99 years in prison)
How We Defend Against Theft Allegations
Challenging the "Intent to Deprive"
The state must prove you intended to steal. A simple mistake, like forgetting an item in your shopping cart or walking out of a store while distracted, is not a crime. We work to show that your actions were a mistake, not a criminal act.
Arguing Lack of Knowledge
In cases like receiving stolen property, the state must prove you knew the items were stolen. We challenge the evidence of your knowledge, arguing that you had no reason to believe the property was not legitimate.
Disputing the Property's Value
The severity of the charge hinges on value. We challenge the prosecution's valuation of the property. Proving the value is lower than alleged can result in a significant reduction of the charges, from a felony to a misdemeanor.
Claim of Right / Ownership Dispute
In some cases, the issue is not theft but a legitimate dispute over who owns the property. We present evidence to show you had a good-faith belief that you had a right to the property in question.
Experienced Theft Defense Across East Texas
Our firm provides aggressive theft crime defense for clients throughout East Texas.
We have extensive experience in the courts of Gregg County, Smith County, and beyond: