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Theft Lawyer in Central Texas

Burglary and Robbery Defense Lawyers Serving:

When it comes to criminal offenses like theft, forgery, fraud, burglary, or embezzlement, these acts are all addressed under related sections of the Texas penal code. Whether the case involves something relatively minor, such as a dispute over borrowing a friendā€™s car, or a more serious issue like a complex embezzlement scheme, being accused of a theft-related crime can severely impact your reputation. Felony charges and lasting consequences are real possibilities you may have to confront. Our theft defense attorneys are here to help.Ā 

Theft, Burglary, Robbery. What's the difference?

The law views these crimes differently and punishments vary.

Theft

Under Texas Penal Code Ā§ 31.03, theft occurs when a person unlawfully takes someone else's property with the intent to permanently deprive the owner of that property. This can involve a range of actions, from shoplifting to taking a friend's possession without permission, with the key factor being the intent to steal.

Burglary

According to Texas Penal Code Ā§ 30.02, a person commits burglary if they enter a building or habitation without the owner's consent and with the intent to commit a felony, theft, or assault inside. This includes breaking into a home or business to steal something or commit another crime, even if no theft or other crime is completed.

Robbery

Robbery is defined under Texas Penal Code Ā§ 29.02. It occurs when a person, in the course of committing theft, intentionally or knowingly causes bodily injury to another or threatens or places another in fear of imminent bodily injury or death. Robbery is considered a violent crime due to the use or threat of force during the act of theft.

Penalties for theft Crimes in Texas

The penalties for theft crimes in Texas vary significantly based on the value of the stolen property, the circumstances of the offense, and the defendant’s criminal history. Texas law categorizes theft offenses into different classes of misdemeanors and felonies, each with its own range of potential penalties.

Misdemeanor Theft

  • Class C Misdemeanor: For theft of property valued at less than $100. Punishable by a fine of up to $500.
  • Class B Misdemeanor: For theft of property valued between $100 and $749, or if the stolen item is a driver’s license or another official document. Punishable by up to 180 days in jail and a fine of up to $2,000.
  • Class A Misdemeanor: For theft of property valued between $750 and $2,499. Punishable by up to one year in jail and a fine of up to $4,000.


Felony Theft

  • State Jail Felony: For theft of property valued between $2,500 and $29,999, or theft of certain types of property such as firearms. Punishable by 180 days to two years in a state jail and a fine of up to $10,000.
  • Third-Degree Felony: For theft of property valued between $30,000 and $149,999. Punishable by two to ten years in prison and a fine of up to $10,000.
  • Second-Degree Felony: For theft of property valued between $150,000 and $299,999. Punishable by two to twenty years in prison and a fine of up to $10,000.
  • First-Degree Felony: For theft of property valued at $300,000 or more. Punishable by five to ninety-nine years in prison and a fine of up to $10,000.


Enhanced Penalties

Certain circumstances can lead to enhanced penalties, such as when the theft involves a public servant, the elderly, or nonprofit organizations. Additionally, repeat offenders may face more severe consequences.

The severity of the penalties for theft crimes highlights the importance of taking these charges seriously. A conviction can lead to long-term repercussions, including a permanent criminal record that can affect your future employment, housing, and educational opportunities.

How can a Theft Defense lawyer Can make a Difference

A skilled attorney understands the complexities of Texas theft laws and knows how to navigate the legal system to your advantage. They can scrutinize the details of your case, challenge the evidence against you, and explore every possible defense strategy to reduce or dismiss the charges. Without professional legal guidance, you may unknowingly waive important rights or miss opportunities to minimize the impact of the charges.

A Theft Defense Lawyer will protect your rights and best interests in the following ways:

When you contact our criminal defense team, we will immediately begin investigating your alleged crime. For example, we will review official police reports and other documents, examine physical evidence and interview witnesses. Our goal is to ensure you are protected from the system by searching for holes inconsistencies and other discrepancies that may give rise to reasonable doubt.

In many cases, we represent clients who have had their rights unjustly violated during an arrest or while officers were gathering evidence. Itā€™s important that you cooperate with the police so that additional charges arenā€™t added. If you believe officer misconduct occurred, explain this during a free consultation and let our attorneys look into this for you.

When you are arrested, there are laws and procedures that govern how criminal defendants are treated. It creates an incredibly complicated system that is impossible to navigate alone. Itā€™s important that you have an experienced, professional and trusted attorney on your side. Your attorney will assert your rights and fight for a fair resolution.

Several defenses can be mounted in a criminal case. Do you have an alibi? Are the charges based on the testimony of an unreliable witness? Did you act in self-defense? Your attorney will work with you to present the facts of your case in a coherent theory of defense.

The Carlson Law Firm trial attorneys are ready to represent you in a courtroom. Our experience has given us the skills to select a jury, scrutinize improper evidence and testimony, cross-examine the witnesses and present your defense to the jury.

Accepting a plea deal or going to trial can change the trajectory of your life. A knowledgeable DWI defense lawyer can offer wise counsel based on decades of experience to help you make strategic decisions in the criminal court process.

Our criminal defense attorneys are firm but compassionate. We know that a criminal charge will be difficult for everyone in your family. Our team will act as an intermediary between you and your family to ease their anxiety about your case.

What is criminal law?

Leaders in Theft Defense

Our ultimate objective is to reduce the consequences you face. Whether that involves negotiating for lesser charges, advocating for alternative sentencing that could keep you out of jail, or aggressively pursuing a complete dismissal of the charges, we are committed to protecting your future. We understand how much is at stake, and we are dedicated to providing the robust defense you deserve.

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Courtroom experience matters

Our strategy for defending against theft charges is rooted in a meticulous examination of every aspect of your case. We begin by carefully analyzing the circumstances surrounding the alleged incident, questioning the legitimacy of the evidence presented, and scrutinizing any actions taken by law enforcement that may have violated your rights. We explore every possible angle to challenge the prosecutionā€™s case, from disputing the intent behind the alleged theft to exposing any procedural errors.

Record of Successful Favorable Outcomes

We take pride in our ability to protect our clients’ rights and futures, and we are dedicated to achieving the best possible outcome in every case we handle. When you work with us, you can trust that we will fight tirelessly to secure a result that minimizes the consequences you face and allows you to move forward with your life.

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Can misdemeanor theft charges be expunged in Texas?

Yes, misdemeanor theft charges can potentially be expunged in Texas under certain conditions. Expungement is the legal process that allows for the removal of an arrest or charge from your criminal record, making it as if the incident never occurred. However, eligibility for expungement depends on several factors:

  • Acquittal or Dismissal: If the misdemeanor theft charges against you were dismissed, or if you were acquitted at trial (found not guilty), you may be eligible to have the charges expunged.
  • Completion of a Pretrial Diversion Program: In some cases, if you completed a pretrial diversion program successfully, you might be eligible for expungement.
  • Statute of Limitations: If the statute of limitations has expired and charges were never formally filed, you may be eligible for expungement.
  • Pardon: If you were convicted but later received a pardon from the governor, you may be eligible for expungement.


However, if you were convicted of the misdemeanor theft charge, you generally cannot get the conviction expunged. Instead, you might be eligible for an order of non-disclosure (also known as sealing your record) after a certain period, which restricts access to your criminal record but does not completely erase it.

If you are facing a theft, robbery or burglary charge, speaking to an attorney early on can result in a reduced charge that can preserve your future expunction chances.

FAQs: Theft in Texas

Common defenses against theft charges in Texas include lack of intent to steal, mistaken identity, ownership disputes, and challenges to the legality of the evidence obtained. Your attorney will examine the details of your case to determine the most effective defense strategy.

A prior theft conviction can result in enhanced penalties if you are charged with theft again. Repeat offenses can elevate the charge from a misdemeanor to a felony and lead to harsher sentences. It’s essential to have strong legal representation to address these enhanced penalties.

Yes, shoplifting is considered theft under Texas law. It involves taking merchandise from a store without paying for it with the intent to permanently deprive the store of the property. The penalties for shoplifting depend on the value of the stolen items.

Theft charges, especially those classified as felonies, can have serious consequences for non-citizens, including deportation or denial of naturalization. Itā€™s important to discuss this with your attorney if youā€™re concerned about your immigration status.

Yes, social media posts can be used as evidence against you in a theft case. Posts that seem unrelated, like talking about money or items youā€™ve acquired, could be interpreted as incriminating. It’s advisable to be cautious about what you share online during your case.

Intent is key in theft cases. If you intended to return the property, your attorney might argue that you lacked the intent to permanently deprive the owner of it, which is required for a theft conviction.

A theft conviction can lead to disciplinary actions against your professional license, potentially resulting in suspension or revocation. This is particularly relevant for professionals in healthcare, law, finance, and other regulated industries.

Yes, a theft charge can be reduced or dismissed depending on the circumstances of the case. Factors like the value of the stolen property, the defendant’s criminal history, and any procedural errors during the investigation can influence the outcome. An experienced theft attorney can negotiate for lesser charges, alternative sentencing, or even dismissal.

Types of Theft in Texas: From Petty Theft to White Collar Crimes

Theft in Texas is a broad legal category encompassing various unlawful actions that involve taking property or assets without the ownerā€™s consent. These offenses can range from simple acts of shoplifting to complex white-collar crimes. Understanding the different types of theft is crucial for recognizing the scope of these offenses and the potential legal consequences.

Petty Theft (Misdemeanor Theft)

Petty theft refers to the unlawful taking of property valued at a lower amount, typically under $2,500. This category includes actions such as:

  • Shoplifting: Taking items from a retail store without paying for them.
  • Theft of Services: Failing to pay for services rendered, such as dining at a restaurant and leaving without settling the bill.
  • Theft of Property: Taking another personā€™s belongings, such as a wallet or cellphone, without permission.


These offenses are usually classified as misdemeanors, with penalties that can include fines, community service, or short-term incarceration.


Grand Theft (Felony Theft)

Grand theft involves the unlawful taking of property with a higher value, typically $2,500 or more. This can include:

  • Automobile Theft: Stealing a vehicle, which can range from taking a car from a parking lot to more sophisticated car theft rings.
  • Theft of High-Value Items: Stealing valuable property such as jewelry, electronics, or large sums of money.


Grand theft is classified as a felony in Texas, with penalties ranging from state jail time to long-term imprisonment, depending on the value of the stolen property.


Burglary

Burglary is a specific type of theft that involves unlawfully entering a building or habitation with the intent to commit theft, assault, or another felony. There are several forms of burglary:

  • Residential Burglary: Breaking into a home to steal valuables or commit another crime.
  • Commercial Burglary: Entering a business or commercial property with the intent to steal or commit a felony.
  • Vehicle Burglary: Breaking into a vehicle to steal items or the vehicle itself.


Burglary is considered a more serious offense because it involves trespassing, and it carries severe penalties, including lengthy prison sentences.


Robbery

Robbery occurs when theft is combined with violence or the threat of violence. It is classified into two main types:

  • Simple Robbery: Taking property from another person using force or intimidation.
  • Aggravated Robbery: Involves the use of a deadly weapon or causes serious bodily injury to the victim.


Robbery is a felony and is treated as a violent crime, leading to harsher penalties than theft alone, including significant prison time.


Identity Theft

Identity theft involves unlawfully obtaining and using someone elseā€™s personal information, such as Social Security numbers, bank account details, or credit card information, usually for financial gain. Types of identity theft include:

  • Credit Card Fraud: Using stolen credit card information to make unauthorized purchases.
  • Financial Identity Theft: Opening accounts or taking loans in someone elseā€™s name.

Identity theft is a serious offense that can be prosecuted at both the state and federal levels, leading to severe penalties, including prison time and substantial fines.


Embezzlement

Embezzlement is a form of white-collar theft where someone unlawfully takes or misappropriates funds or property that they were entrusted to manage. Common examples include:

  • Employee Embezzlement: An employee stealing money from a business or organization, often over time.
  • Corporate Embezzlement: Executives or other individuals in positions of power diverting company funds for personal use.


Embezzlement is treated as a felony in Texas, and penalties can include significant prison time, especially if large sums of money are involved.


Fraud

Fraud encompasses various deceptive practices intended to unlawfully gain financial or personal benefits. Common types of fraud include:

  • Credit Card Fraud: Using someone elseā€™s credit card without permission.
  • Insurance Fraud: Filing false claims to receive insurance payouts.
  • Healthcare Fraud: Submitting false claims to health insurance companies or government programs like Medicare.


Fraud is typically classified as a white-collar crime, and the severity of the penalties depends on the amount of money involved and the impact of the fraud.


Forgery

Forgery involves altering, making, or using a false document with the intent to defraud. This can include:

  • Check Forgery: Altering a check to increase its value or signing someone elseā€™s name.
  • Document Forgery: Creating or altering legal documents, such as contracts, deeds, or identification cards, for financial gain.


Forgery is a felony offense in Texas, and the penalties can be severe, especially if the forgery involves large sums of money or official documents.


The Importance of Legal Representation

Given the broad spectrum of theft-related offenses in Texas, it’s crucial to understand the specific charges you’re facing and the potential consequences. Theft crimes, particularly those classified as felonies or involving white-collar activities, can lead to severe legal penalties, including long-term imprisonment, hefty fines, and a permanent criminal record.

An experienced theft attorney can provide essential guidance, help build a strong defense, and work to achieve the best possible outcome for your case. Whether youā€™re dealing with a minor misdemeanor or a complex white-collar crime, having the right legal representation is vital to protecting your rights and future.

Contact a Central Texas Theft Lawyer At The Carlson Law Firm Today

If you are facing criminal charges in Bell, Coryell, or Lampasas County and need a legal team, call a theft lawyer at The Carlson Law Firm. The best legal representation comes from lawyers who care about you and care about your situation. Our attorneys and legal assistants will treat you with the respect you deserve and give your case the attention you deserve.

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Your Theft Attorney: Kyra Leal

Depending on the circumstances of your arrest, you may be facing either a misdemeanor or felony charge. Criminal charges can significantly impact your life, potentially requiring you to seek additional help from a military, family law or injury lawyer. Hiring a Carlson Law Firm Criminal Defense Lawyer means that you get a team of attorneys experienced in securing your rightsā€”no matter what. Attorney Kyra Leal is part of a team with all your bases covered.

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There's a CARLSON LAW FIRM Near You

With over a dozen locations throughout Texas, thereā€™s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.

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