Are you facing theft charges in McKinney, Texas? Even a single theft accusation can lead to serious criminal penalties, damage your reputation, and affect your future job or education opportunities. For help, call the McKinney theft crimes attorneys at Texas Defense Firm at (972) 369-0577.
We know exactly how these cases are prosecuted and what it takes to build a strong defense. We give every client our full attention because we understand the impact these allegations can have on your life.
If you’re facing theft crime charges, our criminal defense lawyers are here for you. Contact our team today to schedule a consultation.
Why Hire Texas Defense Firm If You’re Arrested For Theft in McKinney, TX?
If you’re facing a theft charge in McKinney, TX, you deserve a law firm that brings skill, dedication, and a strong reputation to your case. At Texas Defense Firm, our approach is different – every person we help gets one-on-one attention and support when it matters most.
Here’s what sets us apart:
- Our team is available to answer calls 24 hours a day, 7 days a week. We understand that sometimes things can’t wait until business hours.
- We have been recognized as top criminal defense attorneys in McKinney, with a reputation for skillful and aggressive representation.
- We have two centuries of combined courtroom and negotiation experience, giving you the best chance to avoid a criminal record or jail time.
Trying to face theft charges on your own is risky and can have lifelong consequences. Let us help you. Contact us today to speak with a McKinney criminal defense attorney.
Overview of Theft in Texas
Theft in Texas is defined as unlawfully taking someone else’s property with the intent to permanently deprive the rightful owner of it. For a theft to occur, there is no consent or legal justification, and it must be clear that the person taking the property didn’t plan to give it back.
What matters most is the wrongful intent at the time of taking or using the property or service.
Common Forms of Theft
There are several different ways a person can be accused of theft under Texas law. Here are some of the primary acts that are prosecuted:
- Theft by taking: This happens when someone physically removes property belonging to another person, without the owner’s consent, and plans to keep it. Shoplifting from a store or stealing something from a car are classic examples where the intent is to permanently deprive the rightful owner.
- Theft by deception: In these cases, a person uses lies, dishonest tricks, or false promises to take control of property that belongs to someone else. This could include conning a person into surrendering their possessions through manipulation.
- Theft of services: Sometimes theft isn’t about physical property at all, but about getting services, such as a hotel stay, repairs, or restaurant meals, without planning to pay for them.
- Receiving stolen property: It is a crime to knowingly accept, buy, or hold onto goods that you know were stolen – even if you didn’t do the stealing yourself. If you are aware (or should have been) that items are stolen and you keep or try to sell them, you can be charged with theft.
If you’re facing theft charges – no matter what behavior the allegations stem from – make sure you talk to a lawyer right away.
What Are the Penalties for Theft in McKinney, Texas?
Penalties for theft in Texas vary quite a bit, with consequences growing more serious as the dollar value increases or the circumstances become more severe.
Here’s how Texas law addresses different theft levels:
- Class C misdemeanor: For stolen property valued under $100, the punishment is a fine of up to $500. There is no possible jail time attached to this charge.
- Class B misdemeanor: This applies to stolen property between $100 and $749, or if it’s a second offense for stealing under $100, or for theft involving ID or a driver’s license. The penalty is a fine up to $2,000 and potential jail time of up to 180 days.
- Class A misdemeanor: For property worth $750 to $2,499, defendants face a fine of up to $4,000 and up to one year in county jail.
- State jail felony: For theft valued from $2,500 up to $29,999, or for a third misdemeanor theft under $2,500, or when certain items (guns, grave markers, or ballots) are stolen, the sentence is 180 days to 2 years in a state jail and a fine up to $10,000. If a deadly weapon is involved or a defendant has past felony convictions, this can be charged as a third-degree felony.
- Third-degree felony: Property or services valued at $30,000 to $149,999, or theft involving certain types of livestock or large amounts of controlled substances, brings 2 to 10 years in prison plus up to a $10,000 fine.
- Second-degree felony: Theft valued from $150,000 to $299,999, or theft involving ATM contents, can mean 2 to 20 years in prison and up to a $10,000 fine.
- First-degree felony: The most serious thefts – those involving $300,000 or more – carry possible terms from 5 to 99 years or even life in prison, plus a fine maxing out at $10,000.
Texas law increases penalties by one offense level for certain circumstances. If a catalytic converter is stolen and the offender had a firearm, if the victim was age 65 or older, the stolen item was managed by a public servant or nonprofit, or if fire alarms were tampered with during the crime, the level of the charge and the punishment increase.
A conviction for theft, even a minor one, can impact your freedom, finances, and future opportunities, so experienced legal guidance is essential for anyone facing these charges.
What Defenses Can Be Raised if I’m Arrested for Theft in McKinney?
If you’re arrested for theft in Texas, you still have options – many defenses can be raised based on your situation, the evidence, and what really happened.
Here are several that an experienced defense attorney may use to protect your rights and build your case:
- Lack of intent: One of the core elements of theft is intent – you must have intended to permanently deprive the owner of their property. If you forgot to pay, accidentally walked out of a store with merchandise, or truly believed you were allowed to take the item, your lawyer can argue there was no criminal intent. Evidence such as witness statements and receipts may support your defense.
- Consent from the owner: You can’t be convicted of theft if you had permission – verbal or written – to take or use the property or service. Proof of granted permission, such as a text message, letter, or even reliable testimony, can be crucial in either having charges dismissed or obtaining an acquittal at trial.
- Mistaken identity or false accusation: Sometimes, the wrong person is blamed. If you were misidentified by witnesses or falsely accused for any other reason, your defense may focus on showing you were not the person who committed the theft. Alibis, security footage, or transaction records can help establish your innocence.
- Illegal search and seizure: Defending against theft charges often involves challenging how evidence was collected. Under the Fourth Amendment, police must have probable cause or a valid warrant to search your person, car, home, or belongings for stolen property. If officers searched you or your property unlawfully, your lawyer would file a motion to suppress. If granted, any recovered evidence can’t be used against you, which would significantly weaken the case against you.
- Lack of evidence: The prosecution has the burden of proving beyond a reasonable doubt that you committed theft. If their evidence is weak and circumstantial, your lawyer can poke holes in their story and argue that reasonable doubt exists, which would lead to a not guilty verdict.
- Ownership or right to possession: You can’t be convicted of theft for taking your own property, or for something you honestly believed belonged to you. If there’s a dispute about who owns the property or if you were recovering it from someone else, your attorney may provide evidence such as purchase agreements, emails, or text messages to support your claim.
- Plea deals: Sometimes, the best option is to plead guilty. If the evidence against you is strong or the potential penalties are severe, your attorney can negotiate an agreement where you plead guilty to a lesser charge or receive a reduced sentence. This could mean less jail time, smaller fines, or diversion programs instead of a felony on your record. Plea deals give you some control over the result and can help you move forward more quickly.
Every case is different, so the exact defense used will depend on the specific circumstances of your situation.
No theft charge should be taken lightly. You could face jail time, and the other consequences of a conviction can follow you long after the case is legally resolved in McKinney, Texas. Texas Defense Firm will work tirelessly to fight back against these charges and obtain the best outcome we possibly can for your case and your future.
Contact us to schedule a consultation with a McKinney theft crimes attorney.