Fort Worth Theft Lawyers

Facing Theft Charges in Tarrant County?

If you have been arrested for theft or wrongly accused of committing larceny, you probably have a lot of questions regarding the potential consequences you might face. Our Fort Worth theft attorneys at the Law Office of Mark M. Childress can help answer your questions, provide you with legal advice, and fight to protect your rights.

If you need help with your Fort Worth theft case, give us a call today!

How Does Texas Classify Theft Offenses?

According to Texas Penal Code § 31.03, an individual has committed theft if he/she “unlawfully appropriates property with intent to deprive the owner of property.” Basically, this means that theft is taking anything that does not belong to you without the owner’s consent.

Texas classifies theft offenses based on the value of the stolen property, items, or services, and includes criminal acts such as:

• Shoplifting (retail theft)
• Theft from a person
• Theft by false pretext
• Acquisition of property by threat
• Swindling
• Embezzlement
• Extortion
• Receiving or concealing embezzled property
• Receiving or concealing stolen property

Is Theft Considered a Misdemeanor or a Felony in Texas?

This depends on the type of theft that was committed. 

Here is a breakdown of the types of misdemeanors and felonies you could get charged with – this varies according to amount of property/items/services you stole:

Class C Misdemeanor Theft

This can be charged if the value of the stolen property/items/services was worth less than $50. The punishment for this offense in Texas is no more than $500.

Class B Misdemeanor Theft

Theft is considered a Class B misdemeanor in Texas if the value of the property/items/services stolen was $50 or more but less than $500, or if the item stolen was a person’s driver’s license or additional ID card.

The punishment for this offense is a jail sentence of no more than 6 months and a fine of no more than $2,000 – or, in some cases, both.

Class A Misdemeanor Theft

Theft is a class A misdemeanor in Texas when the value of the property/items/services stolen is $500 or more but less than $1,500. The punishment for this is a jail sentence of no more than a year, a fine that cannot exceed $4,000, or both.

State Jail Felony Theft

Texas law defines a state jail felony theft when the value of the property/items/services stolen was $1,500 or more but less than $20,000. Firearms and livestock are included. The punishment for this type of theft is a prison sentence that ranges from 6 months to 2 years plus a fine that cannot exceed $10,000.

Felony of the Third-Degree Theft

This offense happens if the value of the property/items/services stolen is $20,000 or more but less than $100,000. Livestock is included.

The punishment for this offense is incarceration ranging from 2 to 10 years of imprisonment and a fine that will not exceed $10,000.

Felony of the Second-Degree Theft

Theft is a felony of the second degree in Texas if the value of the property/items/services stolen is $100,000 or more but less than $200,000.

The punishment for this is 2 to 20 years of imprisonment and a fine that cannot exceed over $10,000.

Felony of the First-Degree Theft

If the value of the property/items/services stolen was $200,000 or more, it is considered a theft felony of the first-degree. The punishment is anywhere between 5 to 99 years in prison and a fine that will not exceed $10,000.

Robbery & Aggravated Robbery Charges

Robbery: Definition & Penalties

According to Texas Penal Code § 29.02, robbery occurs when a person, in the course of committing theft, intentionally, knowingly, or recklessly (a) causes bodily injury to another; or (b) threatens or places another in fear of imminent bodily injury or death.

Robbery is generally classified as a second-degree felony in Texas. Penalties for a second-degree felony in Texas may include imprisonment for 2 to 20 years and fines of up to $10,000.

Aggravated Robbery: Definition & Penalties

In Texas, the offense of aggravated robbery is defined under Section 29.03 of the Texas Penal Code. Aggravated robbery is a more serious offense than simple robbery, and it involves additional elements that escalate the severity of the crime. 

Aggravated robbery occurs when a person commits robbery and:

• Causes serious bodily injury to another person; 
• Uses or exhibits a deadly weapon during the robbery; or
• Causes bodily injury to another person who is at least 65 years old and/or disabled, or places them in fear of imminent bodily injury or death.

Aggravated robbery is classified as a first-degree felony in Texas. Penalties for a first-degree felony may include imprisonment for 5 to 99 years and fines of up to $10,000.

Burglary Charges

Burglary is a criminal offense that involves the unlawful entry into a building or structure with the intent to commit a crime inside, typically theft. The crime of burglary does not necessarily require theft to occur; it only requires the intent to commit a crime upon entry. This can include theft, but also other crimes such as assault, vandalism, or any felony.

In Texas, burglary is defined under the Texas Penal Code, specifically in Section 30.02. According to this statute, burglary occurs when a person enters a habitation, building, or any part of a building without the effective consent of the owner and with the intent to commit a felony, theft, or assault.

The severity of the offense and the penalties imposed depend on various factors such as whether the building was a habitation (a place where someone lives) or a non-habitation (a place like a business), whether the defendant was armed during the commission of the offense, and whether bodily injury or death resulted from the burglary.

Here's a summary of the burglary laws and penalties in Texas:

• Burglary of a Habitation (First Degree Felony): Penalties: Imprisonment for a term ranging from 5 to 99 years, or life imprisonment, and/or a fine of up to $10,000.
• Burglary of a Building other than a Habitation (State Jail Felony): Penalties: Imprisonment for a term ranging from 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.
• Burglary of a Vehicle (Class A Misdemeanor): Penalties: Up to 1 year in county jail and/or a fine of up to $4,000.
• Burglary with Intent to Commit a Felony Other than Theft or Committing or Fleeing from a Felony (Second Degree Felony): Penalties: Imprisonment for a term ranging from 2 to 20 years and/or a fine of up to $10,000.
• Burglary with Intent to Commit Theft (State Jail Felony): Penalties: Imprisonment for a term ranging from 180 days to 2 years in a state jail facility and/or a fine of up to $10,000.

Common Legal Defenses to Theft Charges

several common legal defenses can be used against theft charges. It's important to note that each case is unique, and the effectiveness of a defense strategy depends on the specific circumstances surrounding the alleged theft. Here are some common defenses:

• Lack of Intent: One of the key elements of theft is the intent to permanently deprive the owner of their property. If the defendant can demonstrate that they did not have the intent to steal the property, it can be a valid defense. For example, if they believed the property was abandoned or mistakenly thought they had the right to take it, they may argue lack of intent.
• Claim of Right: A defendant may argue that they had a legitimate claim of right to the property. This defense asserts that the defendant honestly believed they had a legal right to the property, even if that belief was mistaken. For instance, if the defendant believed the property was theirs or that they were entitled to take it under a contract or agreement.
• Consent: If the defendant had permission or consent from the owner to take the property, it can be a defense against theft. However, the consent must be freely given and not obtained through fraud or deception.
• Mistake of Fact: A mistake of fact defense involves the defendant arguing that they made an honest mistake about the circumstances surrounding the taking of the property. For example, if they mistakenly believed the property was theirs or that they had permission to take it.
• Duress or Coercion: If the defendant was compelled to commit the theft under threat of harm or coercion, they may be able to use duress as a defense. However, the threat must be imminent and unavoidable.
• Entrapment: If law enforcement officers induced or encouraged the defendant to commit the theft when they would not have done so otherwise, it may be considered entrapment and serve as a defense.
• Ownership or Right to Possession: The defendant may argue that they are the rightful owner of the property or had a right to possess it at the time of the alleged theft.
• Insufficient Evidence: Finally, the defendant may challenge the prosecution's evidence, arguing that it is insufficient to prove guilt beyond a reasonable doubt. This could involve attacking the credibility of witnesses or raising doubts about the chain of custody of the alleged stolen property

How Our Fort Worth Theft Attorneys Can Protect Your Rights

Facing charges for a theft offense in Tarrant County? To ensure your rights are protected, contact an experienced theft crime lawyer in Fort Worth. When you choose the Law Office of Mark M. Childress, we promise to pursue the best possible outcome for your case.

Fill out a form online or call us at (817) 497-8148 to get started on your theft case.