Theft Defense Attorney

Theft Defense Attorney for Texas Property Crime Charges

A theft accusation can range from a misdemeanor involving relatively low-value property to a serious felony carrying years of potential imprisonment. These cases can arise from retail incidents, workplace disputes, business transactions, accusations involving stolen property, or disagreements over who actually owned or controlled an item.

However, simply possessing someone else's property does not automatically establish theft.

A Theft Defense Attorney can examine ownership, consent, intent, property value, witness statements, surveillance footage, and other evidence surrounding the accusation. Milner & Wynne represents clients facing theft and other criminal charges in Dallas and throughout North Texas.

What Is Theft Under Texas Law?

Texas Penal Code §31.03 generally provides that a person commits theft when the person unlawfully appropriates property with intent to deprive the owner of that property.

Both parts of that definition matter.

Prosecutors must establish unlawful appropriation and the required intent to deprive.

Appropriation can be unlawful when it occurs without the owner's effective consent. Texas law also addresses circumstances involving property stolen by another person.

The specific facts surrounding how someone acquired, possessed, or transferred property can therefore become central to the case.

Intent Can Be Critical in a Theft Case

Theft is not simply a dispute over who possesses an item.

The prosecution must prove the required criminal intent.

Consider a situation involving property that someone believed they owned, had permission to use, or intended to return. Those circumstances can present different issues from deliberately taking property with an intent to deprive its owner.

Potential evidence concerning intent can include:

Text messages
Emails
Contracts
Receipts
Financial records
Witness statements
Ownership documents
Communications between the parties

A Theft Defense Attorney can examine whether the evidence demonstrates criminal intent or instead points toward a misunderstanding, mistake, or civil dispute.

What Are the Penalties for Theft in Texas?

Texas generally bases theft classifications on the value of the property, although special rules apply to certain types of property and circumstances.

Under current Texas law, the general value classifications include:

Less than $100: Class C misdemeanor
$100 to less than $750: Class B misdemeanor
$750 to less than $2,500: Class A misdemeanor
$2,500 to less than $30,000: State jail felony
$30,000 to less than $150,000: Third-degree felony
$150,000 to less than $300,000: Second-degree felony
$300,000 or more: First-degree felony

Certain property types and statutory circumstances can change the offense level regardless of ordinary value thresholds.

Prior theft convictions can also affect how an offense is punished.

For that reason, determining the correct classification requires more than simply estimating what the property was worth.

How Is Property Value Determined?

Property value can become a major issue when the alleged amount places a case near the dividing line between two offense levels.

Texas law contains rules for determining value.

Depending on the property, relevant evidence might include fair market value, replacement cost, receipts, purchase records, appraisals, condition, age, and expert testimony.

The prosecution's initial valuation should not automatically be accepted as accurate.

An inflated valuation could potentially increase a misdemeanor to a felony or expose someone to a higher felony classification.

Defense counsel can examine how investigators calculated the alleged loss and whether that figure can be supported.

Shoplifting and Retail Theft Allegations

Retail theft is one of the most familiar forms of theft prosecution.

Cases can involve accusations of concealing merchandise, leaving a store without paying, switching price tags, manipulating self-checkout transactions, or otherwise taking merchandise without the retailer's consent.

Stores may rely on:

Security cameras
Loss-prevention employees
Transaction records
Self-checkout data
Receipts
Witness statements

Intent can become especially important in self-checkout cases.

A scanning error, payment problem, or accidental failure to scan an item does not necessarily demonstrate an intent to steal.

The complete transaction and surrounding conduct should be reviewed.

Employee Theft Allegations

Theft accusations can also develop in the workplace.

An employer may claim that an employee took money, inventory, equipment, customer payments, or other company property.

These investigations can involve substantial financial and electronic evidence.

Relevant records might include accounting systems, access logs, bank records, emails, surveillance footage, inventory reports, and internal company policies.

Some disputes initially described as employee theft may involve disagreements over compensation, authorization, expense reimbursement, ownership, or business procedures.

Other cases can develop into more serious allegations involving embezzlement, fraud, or other financial crimes.

Possession of Allegedly Stolen Property

A person does not necessarily have to be accused of personally taking property from its original owner to face a theft investigation.

Texas theft law can apply under certain circumstances when someone acquires property knowing it was stolen by another person.

Knowledge can therefore become a critical issue.

Someone may purchase an item online, receive property from a friend, or acquire merchandise through a private transaction without knowing that another person allegedly stole it.

Investigators may look at the price, circumstances of the transaction, communications, serial numbers, and statements from the people involved.

The prosecution still must establish the required mental state.

Theft vs. Robbery

Theft generally focuses on unlawful appropriation of property with intent to deprive the owner.

Robbery adds specified conduct involving bodily injury, threats, or placing another person in fear of imminent bodily injury or death while in the course of committing theft.

That difference substantially increases the potential consequences.

For example, a retail theft allegation could potentially escalate into robbery if prosecutors claim someone injured or threatened an employee while attempting to leave.

The precise sequence of events can therefore determine which charge the evidence supports.

When Multiple Alleged Thefts Are Combined

Texas law can allow amounts from multiple thefts to be aggregated in certain circumstances when prosecutors allege that the conduct occurred pursuant to one scheme or continuing course of conduct.

Aggregation can dramatically change the charge.

Several individually smaller allegations could potentially result in a felony case when prosecutors combine the claimed values.

This frequently makes transaction records, timelines, witnesses, and evidence concerning the alleged common scheme particularly important.

Defense counsel can examine whether the prosecution has a lawful and factual basis for treating separate events as part of one continuing course of conduct.

Surveillance and Digital Evidence

Modern theft investigations can generate significant electronic evidence.

Depending on the allegation, investigators may examine:

Surveillance footage
Phone records
Text messages
Emails
GPS information
Financial transactions
Access records
Inventory systems
Online marketplace accounts

These records can help establish who possessed property, where someone was located, or what the parties understood about a transaction.

They can also contradict an accusation.

Relevant evidence should be preserved quickly because some businesses routinely overwrite surveillance footage or other electronic records.

Building a Defense to Theft Charges

A Theft Defense Attorney can investigate issues involving:

Lack of intent to deprive
Consent
Ownership disputes
Mistake of fact
Identity
Property valuation
Possession of allegedly stolen property
Witness credibility
Surveillance footage
Digital records
Aggregation of multiple allegations
Search and seizure

The correct defense depends on the facts.

A shoplifting case based on surveillance video presents different issues from an employee theft investigation involving thousands of financial transactions.

The prosecution must prove the specific theft allegation beyond a reasonable doubt.

Frequently Asked Questions About Theft Defense

Is theft a felony in Texas?

It can be. Theft ranges from a Class C misdemeanor to a first-degree felony depending on property value and other statutory circumstances.

How much property must be involved for felony theft in Texas?

Under the general value thresholds, theft becomes a state jail felony at $2,500. Certain property types or other circumstances can produce a felony classification at different values.

Can I be charged with theft if I intended to return the property?

Intent is a central element of theft. Whether an intention to return property affects the charge depends on the complete circumstances and the statutory definition of intent to deprive.

Can a mistake at self-checkout lead to theft charges?

It can lead to an investigation or arrest, but prosecutors still must establish the required criminal intent. An accidental scanning or payment mistake is not automatically theft.

What if I did not know property was stolen?

Knowledge can become critical when the accusation involves property originally stolen by someone else. The prosecution must prove the mental state required by Texas law.

Can several small theft allegations become a felony?

Potentially. Texas allows aggregation under qualifying circumstances when multiple thefts are committed pursuant to one scheme or continuing course of conduct.

Can the value of allegedly stolen property be challenged?

Yes. Property valuation can directly affect the offense classification and should be examined when the prosecution's figure is questionable.

Should I hire an attorney before theft charges are filed?

Yes. A criminal defense attorney can represent someone during an active theft investigation before an arrest or formal charge.

Speak With a Theft Defense Attorney

Theft cases can turn on intent, consent, ownership, property value, identification, and the circumstances surrounding how property changed hands. Surveillance footage, financial records, messages, and other evidence can substantially change how an allegation should be evaluated.

Milner & Wynne focuses exclusively on criminal defense and represents clients facing misdemeanor and felony allegations in Dallas and throughout North Texas. If you have been arrested, charged, or learned that authorities are investigating an alleged theft, a Theft Defense Attorney can examine the evidence and develop a defense based on the circumstances of your case.