Facing the possibility of charges for theft in Texas can come with severe repercussions, depending on the circumstances. There are many different types of theft in Brazoria County, and if you are facing any kind of theft charges, you will need to understand what these charges entail. Generally, Texas misdemeanor theft charges are more lenient, but that may not always be the case.
If you are being accused of misdemeanor theft, the first thing you need to do is hire a criminal defense attorney in Brazoria County to act as your defense. At The Law Offices of Keith G. Allen, PLLC, we are committed to defending our clients in Texas, ensuring your rights are upheld and you get a fair trial.
Understanding Texas Law: What Constitutes Misdemeanor Theft?
Texas theft laws define theft as the unlawful taking of another individual’s property with the intent of permanently depriving them of their possession and taking it without their consent. This is the backbone of any type of theft charge but what sets misdemeanor theft apart is that it includes relatively low value items. Because of this, misdemeanor theft in Texas can include the theft of any item or money that has a value of $100 or less.
If you are being accused of theft in Texas, it is essential to understand the different levels of theft charges since they come with different repercussions. Even for relatively minimal theft charges like misdemeanor theft, it is still a good idea to hire an attorney to represent you and protect your rights.
Different Types of Theft
Theft cases can be quite straightforward if there is evidence that an item or money was taken willfully without consent. However, there are some different types of theft that can make these charges a bit more complex, such as:
- Theft by taking: The defendant physically took somebody else’s property without their consent.
- Theft of services: The defendant received services from professionals such as a contractor or doctor without the intent of paying for those services.
- Theft by deception: The defendant took possession of somebody else’s property through misrepresentation, deceit, or fraud.
- Receiving stolen property: The defendant knowingly consented to taking stolen property from another individual.
Although theft can mean many different things, there are certain situations that are much more common when it comes to misdemeanor theft. Shoplifting is a good example of misdemeanor theft, but this can also include other smaller crimes, such as taking purses, electronic devices, or wallets that are unsupervised or have been left in a vehicle.
Keep in mind that for misdemeanor theft charges in Texas to stick, there has to be some type of proof that you intentionally took the item or money, knowing that it wasn’t yours. If you took somebody else’s wallet or phone thinking it was yours, you may not face criminal charges as there was no criminal intent.
Consequences For Misdemeanor Theft in Texas
Because misdemeanor theft in Texas is the lowest type of theft charge you could face, the consequences are usually relatively light. Class C Misdemeanor theft is defined as theft of less than $100 and does not include the possibility of jail time but could result in a fine of up to $500. You may also be required to repay the victim the value of what was taken if it cannot be returned.
Other possibilities for misdemeanor theft include having to perform a certain amount of community service hours appointed by the court or being put on probation. Keep in mind that the penalties vary from case to case and will usually be very light for first-time offenders. However, for defendants who are repeat offenders, the consequences may become more and more substantial, possibly leading to a short amount of time in jail, although this is quite rare.
If you are facing the possibility of misdemeanor theft charges in Texas, you need to hire a criminal defense attorney in Brazoria County to represent you. Having an attorney on your side will ensure your rights are upheld, and you aren’t falsely convicted of a crime that you didn’t commit.
Misdemeanor Theft Defense Strategies
There are several different defense strategies your criminal defense attorney could use to help with your theft case. Even though misdemeanor theft charges are not usually severe, you still want to do everything in your power to defend yourself to get the best possible outcome.
Some common defense strategies your attorney may use include:
- Low value: The item you took may not have had any significant value. Although this defense strategy may not have charges dropped entirely, it can help you avoid facing things like community service or high fines.
- Lack of intent: You took somebody else’s property without having any criminal intent of depriving them of their possession without their consent. For instance, there may have been a miscommunication, and you thought you had somebody’s consent when you took their possession.
- Receiving without intent: In Texas, you can face charges if you receive stolen property if you know that it is stolen, but you cannot be charged if you were not aware of this. This includes situations where someone else may have hidden stolen items in your home or vehicle without your knowledge or consent.
For the Best Criminal Defense in Brazoria County, Contact The Law Offices of Keith G. Allen, PLLC
Misdemeanor theft in Texas can come with legal consequences depending on the situation and what was stolen. Although misdemeanor theft law isn’t as serious as other types of theft, you should still take these charges seriously and seek legal representation as soon as possible.
At The Law Offices of Keith G. Allen, PLLC, we have extensive experience handling criminal defense cases in the state of Texas. We will represent you, protect your rights, and create a defense strategy so that you have the best possible chance of getting a lesser sentence or having the charges dropped entirely. If you are looking for compassionate and experienced criminal defense representation, contact us today at 832-230-0075 for a free consultation.
