Denton Theft Lawyer

Providing Effective Counsel for Theft Charges in Denton County

In Texas, a person commits a theft crime when they take someone else's property without consent and without intending to return it to the owner. Theft can be charged as a misdemeanor or a felony, with the level depending on various factors, such as the value of the property or the type of item stolen. If you have been charged with an offense, you could be facing severe conviction penalties, including incarceration and/or fines. Additionally, you may have a mark on your criminal record for life, which could present hurdles as you try to do things like get a job or find a place to live.

To fight your theft charge, you need aggressive defense on your side throughout your case. At Magaña & Van Dyke, our Denton criminal defense attorneys can deliver the legal representation you need. When we take on a case, we do so with integrity and honesty. You can be sure that when you have a question or concern about your matter, we will be available to provide a straightforward answer and deliver practical solutions. We understand the challenges a criminal conviction can place on your life, which is why we care about working toward a favorable resolution for you.

Ready to discuss your circumstances with an experienced Denton theft lawyer? Contact us at 940-382-1976 today.

What Type of Conduct Is Considered Theft?

Theft involves appropriating another person's property.

Texas law provides that unlawfully appropriating property means:

• Taking something without the owner's consent;
• Taking or accepting property a person knows to be stolen; or
• Taking property a law enforcement official presents as stolen.

At Magaña & Van Dyke, we know that several defenses can be raised to challenge accusations of theft. We will listen to your side of the story to develop a strategy for your particular situation.

What Are the Penalties for Theft in Texas?

If you're accused of theft, the punishments you could face depend on the nature of the alleged offense.

The level of charges and penalties for theft in Texas include:

• A Class C misdemeanor is charged for appropriating property valued at less than $100. The punishments include a fine of up to $500.
• A Class B misdemeanor is charged for appropriating:
• Property valued at $100 or more or less than $750;
• Property valued at less than $100 when the defendant has a previous theft conviction; or
• A driver's license, commercial driver's license, or ID card.

This level of offense is penalized by a jail term of up to 180 days and/or a fine of up to $2,000.

• A Class A misdemeanor is charged for appropriating property valued at $750 or more but less than $2,500. A conviction may result in a jail sentence of up to 1 year and/or a fine of up to $4,000.
• A state jail felony is charged for appropriating:
• Property valued at $2,500 or more but less than $30,000;
• A firearm; or
• Property valued at less than $2,500 when the defendant has 2 or more prior theft convictions.

A state jail felony is penalized by between 180 days and 2 years in state jail and/or a fine of up to $10,000.

• A third-degree felony is charged for appropriating:
• Property valued at $30,000 or more but less than $150,000; or
• A controlled substance valued at less than $150,000 that was taken from a specific facility or vehicle.

A third-degree felony conviction carries a prison sentence of between 2 and 10 years and/or a fine of up to $10,000.

• A second-degree felony is charged for appropriating:
• Property valued at $150,000 or more but less than $300,000; or
• An ATM or its contents in which the value of the property is less than $300,000.

A third-degree felony conviction may result in between 2 and 20 years in prison and/or a fine of $10,000.

• A first-degree felony is charged for appropriating property valued at $300,000 or more. This level of charge is punishable by a prison term of between 5 and 99 years and/or a fine of up to $10,000.

In certain circumstances, a theft crime can be charged at the next higher classification of offense. These situations include when:

• The property owner was an elderly person or non-profit organization; or
• The alleged offender caused a fire alarm to sound or deactivated a fire alarm or theft detection device.

Is Theft the Same as Robbery?

Although robbery involves similar elements as theft, it is not the same crime.

Under Texas Penal Code § 29.02, a person can be charged with robbery when they commit a theft crime and they:

• Cause bodily injury to another; or
• Make a threat that causes someone to fear they are in imminent danger of bodily injury or death.

Robbery is a second-degree felony punishable by up to 20 years in prison and/or a fine of up to $10,000.

Certain factors can elevate the offense to aggravated robbery.These include when the actor:

• Causes serious bodily injury;
• Uses or displays a deadly weapon; or
• Makes a threat that causes the alleged victim to fear serious injury or death, and the alleged victim is 65 years or older or a disabled person.

Aggravated robbery is a first-degree felony. It is punishable by a maximum prison sentence of 99 years and/or a fine of up to $10,000.

Contact a Denton County Theft Defense Lawyer

The punishments for a theft offense are serious, and having a lawyer handle your case can have a substantial impact on its outcome. Our Denton theft crimes lawyers will fight hard for you and seek an optimal result, such as having charges reduced or the case dismissed.

Schedule a free consultation by calling us at 940-382-1976 or contacting us online. We deliver top-quality legal counsel in Denton County and the surrounding areas.