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Collin and Dallas County Theft Lawyer

A theft conviction can have life-long consequences. An experienced defense attorney can prevent this.

Being charged with theft can be a stressful and humiliating experience. It’s a broad offense, covering anything from passing a bad check to shoplifting, theft of services, or complex white-collar fraud. Conviction can have far-reaching consequences including hefty fines and jail time, not to mention damage to a person’s reputation. Having a conviction on record can also create barriers to finding employment and providing for one’s family.

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Stephanie understands how difficult this experience is. She is experienced at resolving cases involving all kinds of theft. She will manage the investigation of your case discreetly, determine the best defense strategy, and fight to obtain favorable results for you.

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What is "theft" in the state of Texas?

Most theft crimes in Texas have been consolidated into a single offense in the Penal Code called, simply, Theft. Theft under Texas law, is described as the “unlawful appropriation of property with the intent to deprive the owner of that property.” This is a deceptively simple explanation, however, because it simply reorients the us to whether an “appropriation” is “unlawful.”

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The Texas Theft law changed in legislative sessions in 2015 and 2017. The 2015 changes increased the maximum value of stolen property for each misdemeanor and felony level of theft. The 2017 changes included a felony enhancement for theft of controlled substances.

Penalties

Section 31.03(e) of the Texas Penal Code outlines the penalties for theft under Texas law. The penalties are more severe as the value of the stolen property increases. In 2015, the penalty scheme for Theft changed by increasing the the value thresholds for each each penalty grade.

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For offenses that occurred on or after September 1, 2015, the Theft offense is punished according to the following scheme:

  • Theft under $100 is a Class C Misdemeanor (punishable by a fine up to $500)

  • Theft between $100 and $750 is a Class B Misdemeanor (punishable by up to 180 days in jail and a $2000 fine). If the value of the stolen property is under $100, it is still a Class B Misdemeanor theft if you have been previously convicted of theft of if the property stolen was an identification card like a driver’s license

  • Theft between $750 and $2,500 is a Class A Misdemeanor, punishable by up to one year in jail and a $4000 fine

  • Theft between $2,500 and $30,000 is a state jail felony. Also punishable as a state jail felony is 1) theft of a firearm, 2) a third theft conviction (even if the value of the stolen property on the third case is less than $2,500), 3) any theft under $20,000 if the theft is a metal including aluminum, copper, brass and copper, 4) an official election ballot, 5) theft from a grave and 6) certain thefts of livestock

  • Theft between $30,000 and $150,000 is a third degree felony. Certain thefts of livestock are also thefts of the third degree. Also, effective as of 2017, certain thefts of controlled substances are also third degree felonies

  • Theft between $150,000 and $300,000 is a second degree felony. Also, thefts of ATM machines are second degree felonies, even if the value is under $300,000

  • Any Theft over $300,000 is a first degree felony

Enhancements

The punishment for a Theft conviction can be enhanced under certain conditions. Among them:

  • Theft by a public servant or public official who used his or her status as a public servant or official to accomplish the theft

  • Theft from the government by a government contractor

  • Theft from an elderly person or a nonprofit organization

  • Theft from the government by a Medicare provider

  • A theft committed when a person “1) caused a fire exit alarm to sound or otherwise become activated; (2) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (3) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector”

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Defenses

You need a theft crime lawyer who knows how to defend you. The right attorney is someone with local experience who understands how Texas laws are read and enforced in Dallas criminal courts.

Some possible examples of defenses used in theft cases include:

  • Lack of intent

  • Duress

  • Mistake of fact

  • Age of accused individual at the time of the alleged offense

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Stephanie Hudson proudly represents individuals charged with crimes in Texas, including theft offenses such as shoplifting, fraud, theft of services, and embezzlement. She is knowledgeable, strong, and equipped to handle even the most challenging cases.

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