By Jeff Kennedy
Fort Worth Theft Crimes Lawyer
An accusation of stealing someone’s property can ruin your future and land you in prison. Clear your name with help from a Fort Worth theft attorney.
It can be surprisingly easy to get charged with theft in Texas. Some cases are based on a misunderstanding between the parties involved, while others involve mistaken accusations.
Unfortunately, proving your innocence or getting the charge dismissed can be difficult without an attorney on your side. You can’t expect the prosecutor or judge to have any sympathy for your situation—even if the case against you is blatantly flawed.
Beating charges for theft requires experienced legal counsel, which is why it’s a wise decision to work with a Fort Worth theft lawyer from the Law Offices of Jeff C. Kennedy. Whether you’ve been accused of burglary, stealing a car, stealing personal property or shoplifting, we can develop a defense that is comprehensive and convincing.
What Will Happen If I Was Charged With Theft in Fort Worth Texas?
State law recognizes a number of ways in which theft can occur. The most common form involves one person intentionally taking the personal property of another. It is vital to prove the theft was intentional. If violence or threats were involved during the theft, you could be charged with robbery.
It’s also possible to be charged with theft if you purchase property that was stolen. This can be difficult for the prosecution to prove and often involves circumstantial evidence. It’s also possible to be charged with theft if you cannot prove the property was stolen. This is usually necessary in cases where the property in question is of dubious provenance, such as a gun with filed-off serial numbers.
Theft Laws Sec. 31.03 of the Texas Penal Code
As you can see below, legal penalties for theft vary widely and is based on the value of the alleged stolen property. This valuation is based on what’s considered to be the “fair market value,” which might be difficult to establish. When the fair market value isn’t clear, the punishment you face will instead be based on what it costs your accuser to replace the property in question.
Your attorney will determine what punishments you are facing, which includes potential jail time and fines. Any prior convictions for theft can also increase the severity of your potential sentence. For example, one prior theft conviction can increase a Class B misdemeanor theft charge to a Class A misdemeanor instead.
In Texas theft laws fall under the general theft statute Section 31.03 of the Texas Penal Code.
THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
- (b) Appropriation of property is unlawful if:
- (1) it is without the owner’s effective consent;
- (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
- (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
Here is how theft penalties are categorized in Texas:
| Substance | Drug Amount | Offense Level | Potential Jail or Prison Time | Fine |
| $100 or less | < 1 Gram | Class C Misdemeanor | No Jail Time | Up to $500 |
| $100 – $749 | 1-4 grams | Class B Misdemeanor | Up to 180 Days | Up to $2,000 |
| $750 – $2,499 | 4-200 grams | Class A Misdemeanor | Up To 1 Year | Up to $4,000 |
| $2,500 – $29,999 | > 200 grams | State Jail Felony | 180 Days – 2 Years | Up to $10,000 |
| $30,000 – $149,999 | > 200 grams | Third-Degree Felony | 2-10 Years | Up to $10,000 |
| $150,000 to $299,999 | > 200 grams | Second-Degree Felony | 2-20 Years | Up to $10,000 |
| $300,000 or more | > 200 grams | First-Degree Felony | 5-99 years | Up to $10,000 |
Shoplifting Falls Under Theft in Texas Law
Shoplifting, sometimes called “retail theft,” can be surprisingly easy to be charged with. Shoplifting charges can happen even if you simply forgot to pay for something. It might even be that a clerk made an error in failing to ring something up or price something correctly—and you wound up with a criminal charge!
In general, the penalties for shoplifting follow the same formula as those for normal theft above. Regardless, shoplifting charges can vary, because the law allows the retailer can recover their costs through a civil penalty. For adults, the retailer can pursue up to $1,000 in damages from you. If your child gets convicted of shoplifting, then the retailer has the right to pursue up to $5,000 in damages.
These are steep prices to pay for what could easily be a misunderstanding or honest mistake. Working with a shoplifting lawyer from our firm will give you the best chance for avoiding these penalties.
Misdemeanor Theft Charges in Tarrant County
A misdemeanor is not minor, and it will effect you in the future if not handled with care. Any criminal record with theft charges will make it hard for you to look for a job, amongst other reasons that cause your criminal record to be pulled. If you have been charged with a theft crime in Tarrant County , you need an attorney who has experience working in the Crimianl justice system in Tarrant County.
For first time offenders there is a possibility you can get into the Tarrant County diversion program. One program called the deferred prosecution program (DPP) will allow a misdemeanor theft charge to be dismissed as early as 4 months from the date of admission. This is why an attorney is vital, because they know the system and the options available, and usually the prosecutor and judge.
You can also get your theft charges expunged if the right steps are taken. If you do not hire an attorney, a future expunction might be out of the picture all together.
Felony Theft Charge in Tarrant County & Fort Worth
Felony theft in Fort Worth is a serious crime and it is vital for you to find an attorney with experience. For example, most vehicle thefts are felonies, because the value of a car is usually much higher than a shop lifting charge, and that will normally be categorized as a felony.
If your theft charge is a felony, you are facing jail time, and every felony case is presented to the grand jury for indictment. If you are facing a felony, you need an attorney who will take advantage of this process. You do not want to do this with a court appointed attorney to go through the motions. They are not incentivized to aggressively fight for you. Furthermore, they usually do not have the experience or the time needed to fight for you like a criminal defense attorney would.
An important aspect to understand is the grand juries job, which is to filter out the cases that have inadequate evidence. Without the right defense, your case will not be presented properly to the courts and only one side of your case will be heard.
If your case goes to grand jury there are three options.
- First would be to keep the case as a felony, S
- Second is to lower it to a misdemeanor,
- Third no bill the case.
What Type Of Defense Should I Expect From Jeff C. Kennedy?
Jeff C. Kennedy will discuss multiple points of defense with you, and these include the value of the stolen item, was the owners consent given, was the property in your possession really theft, and did you deprive the owner of property intentionally.
If you are speaking to an attorney that does not discuss these options with you, you are working with someone who does not have experience working on theft cases. When you hire Jeff C. Kenned, he will dig through every detail of your case and look for holes in the case.
Why Do I Need An Attorney For My Theft Crime?
Whether your theft charge is a misdemeanor or a felony, you don’t want to make the mistake of not hiring legal representation. As discussed earlier, if you settle for a public defender you do not have an attorney who will dig through evidence and look for holes in the case. Only an experienced theft attorney can provide you with the personal attention and support your case needs in order to win a dismissal or acquittal.
- Theft and shoplifting accusations often arise from simple mistakes and miscommunications. If you didn’t intend to steal the property, we can help you prove it.
- Surveillance footage might work in your favor. In others, the footage might be of such poor resolution that it fails to adequately prove the prosecution’s case.
- In situations where you’re accused of failing to take an action that proves you didn’t knowingly accept stolen property, we can help you demonstrate the property’s origin or prove how the seller tricked you into believing that the property’s origin wasn’t in doubt.
Connect with an Theft Defense Attorney in Fort Worth
The Law Offices of Jeff C. Kennedy has handled many theft cases, from retail theft and shop lifting to felony theft. We have a history of helping our clients defeat their accusations. We work on collecting the evidence needed to built a powerful case to clear your name. No matter how strong the case is against you, we fight to deliver the most optimal results available to you. Call us today for a free consultation about your theft charge.
And if you do win an acquittal or dismissal, we can also help you with getting the record of the theft arrest expunged from your record. Criminal records are publicly available information, so it’s critical to make certain that yours is as clean as possible.
Contact us today to schedule a free, confidential consultation with a Fort Worth theft lawyer. To get started, just complete the form below or call us at 817-605-1010.
