By Jeff Kennedy
Theft Crimes Defense Attorney in Fort Worth & Tarrant County
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 lawyer for theft charges.
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 theft 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.
How We Help Clients Beat Theft Charges
Beating a theft charge requires experienced legal counsel,
Criminal Defense Attorney Jeff C. Kennedy has handled many theft charges in his career, from retail theft and shop lifting to federal and felony theft.
You can expect Jeff to review all of the evidence, and interview all witnesses looking for holes in the prosecutors case. He will discuss multiple points of defense with you, including the value of the stolen goods, the owners consent, was the property in your possession unintentionally stolen or did you deprive the owner 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.
The following can be used to challenge the charges against you:
- Intent: There was no intention to steal; for instance, the accused planned to pay but was distracted
- Accident or Mistake: You accidentally walked out with an item not realizing it was not in your cart.
- Property Owner’s Consent: The owner of the property gave permission to take or use the property.
- Mistaken Identity: They have accused the wrong person. There is confusion or misidentification.
- Ownership Disputes: The property was gifted to the defendant or belongs to the defendant.
- Abandonment: The defendant had reason to believe it was free to take after the property was abandoned.
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.
Avoid The Consequences of A Theft Conviction
A theft conviction in Texas can lead to severe penalties, including jail time, fines, and restitution. Beyond the immediate legal repercussions, the long-term effects can significantly impact your life:
- Job and Career – loss of security clearance, or problems finding a job.
- Housing – Evictions or it becomes very hard to rent an apartment or home
- Immigration – You may become ineligible to become a citizen, your visa may not be renewed or you may not be allowed to enter the country if you leave.
- Financial Repercussions – You may experience hardship in acquiring loans or opening a new bank account.
- Education – Your scholarship or aid may be denied or cancelled. Including admissions into school.
- Rights – For all felonies, you will lose your right to own a firearm.
Types of Theft Charges
Theft can occur in many ways. A few examples are below, but the list does not end here.
- Burglary
- Automobile theft
- Stealing property
- Shoplifting
- Identity Theft
- Purchasing Stolen Property
- Robbery
- Financial Fraud
- Bribery
- Internet Fraud
- White Collar Crimes
How Theft Is Defined In Texas
Texas law recognizes a number of ways in which theft can occur. The most common 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.
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 (taking) 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.
Felony Theft Versus Misdemeanor Theft
Penalties for theft vary widely and is based on the value of the alleged stolen property. Value is based on “fair market value,” which can 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.
| Value Stolen | Offense Level | Potential Jail or Prison Time | Fine | |
| $100 or less | Class C Misdemeanor | No Jail Time | Up to $500 | |
| $100 – $749 | Class B Misdemeanor | Up to 180 Days | Up to $2,000 | |
| $750 – $2,499 | Class A Misdemeanor | Up To 1 Year | Up to $4,000 | |
| $2,500 – $29,999 | State Jail Felony | 180 days to 2 Years | Up to $10,000 | |
| $30,000 – $149,999 | Third-Degree Felony | 2-10 Years | Up to $10,000 | |
| $150,000 to $299,999 | Second-Degree Felony | 2-20 Years | Up to $10,000 | |
| $300,000 or more | First-Degree Felony | 5-99 years | Up to $10,000 |
Misdemeanor Theft
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
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.
Felony Theft
Felony theft in Fort Worth is a serious crime and it is vital for you to find an attorney with experience defending theft charges. 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.
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. They usually do not have the experience or the time needed to fight for you like a criminal defense attorney will.
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,
- Second is to lower it to a misdemeanor,
- Third no bill the case.
Shoplifting & Retail Theft
Shoplifting, sometimes called “retail theft,” 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.
Federal Theft Charges
Depending on the crime, your case may fall under the fed. These often involve interstate or a scaled operation engaging in theft.
- Bank fraud
- Identity theft
- Mail and wire fraud
- Embezzlement
- Theft of government property
- Digital Theft Crimes
- Credit Card Fraud
The federal court system is very different than a local county court. The federal government is going to have different penalties, and processes that have to be followed.
You will be facing federal prosecutors with more resources. Agencies like the DEA or FBI are likely going to be involved, and many other factors which make federal cases much harder to fight.
You need skilled representation if you are facing a federal theft charg e.
Connect With Jeff C. Kennedy For A Free Consultation
Contact us today to schedule a free, confidential consultation with a Fort Worth theft crimes lawyer. To get started, just complete the form here or call us at 817-605-1010.