Facing a theft accusation in Texas can feel overwhelming. Whether it’s a misunderstanding at a self-checkout line or a complex allegation of white-collar crime, the consequences of a conviction are serious. In the Lone Star State, theft penalties can range from minor fines to significant prison time, depending on the value of the property involved.
If you are facing these theft charges, the most important thing to remember is that an accusation is not a conviction. You have rights, and a strategic defense can make all the difference. Here is how you can begin planning your defense.
1. Exercise Your Right to Silence
The moments following an accusation are critical. While it is tempting to try and "explain your way out" of the situation to store security or law enforcement, doing so often provides the prosecution with evidence they didn't previously have. In Texas, you have a constitutional right to remain silent. Respectfully decline to answer questions until you have legal representation present.
2. Document Everything Immediately
Memory fades quickly, and small details can be the key to your defense. As soon as possible, write down a detailed timeline of events.
Where were you?
Who was with you?
What was said?
Are there receipts, bank statements, or text messages that support your version of events?
3. Understand the "Intent" Requirement
Under the Texas Penal Code, theft requires the "intent to deprive the owner of property." This is a vital distinction. If you genuinely forgot an item was in your cart or believed you had a legal right to the property (known as "claim of right"), your attorney may be able to argue that no crime was committed because there was no criminal intent.
4. Review the Evidence
Your defense strategy will depend on the type of evidence the prosecution holds. Common defense avenues include:
Mistaken Identity: You were not the person who committed the act.
Lack of Evidence: The prosecution cannot prove beyond a reasonable doubt that you took the item.
Procedural Errors: If the police conducted an illegal search or failed to read you your rights, certain evidence may be suppressed.
5. Secure Professional Legal Counsel
Texas theft laws are nuanced. A "Class C" misdemeanor theft might seem minor, but a permanent criminal record can impact your ability to get a job, secure housing, or obtain professional licenses. A skilled attorney will examine the prosecution’s case for weaknesses, negotiate for reduced charges, or seek a dismissal.
Take Control of Your Future
You do not have to face the Texas legal system alone. At Kelley Legal, we provide the professional guidance you need to protect your reputation and your freedom. We understand the stress of these accusations and are dedicated to building a robust defense tailored to your specific situation. If you’re ready to start fighting for your rights, contact Kelley Legal today at (469) 564-3420 for a consultation.