Our Criminal Case Process
Listen & Understand
We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.
Open Communication
We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.
Fight for Justice
Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.
Defining Theft in Texas
A person commits theft (Texas Penal Code § 31.03) if they unlawfully appropriate property with the intent to deprive the owner of the property. Appropriation of property is unlawful if:
- it is without the owner’s effective consent; or
- the property is stolen and the actor appropriates the property knowing it was stolen by another. This is commonly called theft receiving or concealing stolen property).
“Appropriate” means:
- to transfer or purported transfer of title to or other non-possessory interest in property, whether to the actor or another; or
- to acquire or otherwise exercise control over property other than real property.
“Deprive” means:
- to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;
- to restore property only upon payment of reward or other compensation; or
- to dispose of property in a manner that makes recovery of the property by the owner unlikely.
Charges Related to Theft
Theft offenses are also sometimes known by other names. For example: theft by false pretext, conversion by a bailee, theft from the person, shoplifting, embezzlement, extortion, and receiving and concealing stolen property.
Auto theft is sometimes charged as unauthorized use of a vehicle. This is especially the case if the prosecutor cannot prove theft but can show lack of the owner’s consent. For more information about unauthorized use of a motor vehicle charges in Dallas, see our unauthorized use of a vehicle page.
Resources and Information
See our criminal defense resource center for more information from Dallas theft lawyer Mike Howard on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.
Penalties for Theft Charges
The punishment range for a theft offense depends on the value of the property stolen. If the property was stolen from an elderly person or a nonprofit, the court raises the punishment range one level.
Theft of Less than $100
Is a class C misdemeanor punishable by a fine of up to $500, except if the accused person has previously been convicted of theft, then it is punishable as a Class B misdemeanor, which can result in up to 6 months in jail and up to a $2,000 fine.
Theft $100 – $750
Is a Class B misdemeanor. As a result, you could face up to 6 months in jail and up to a $2,000 fine.
Theft $750 – $2,500
Is a Class A misdemeanor. As a result, you could face up to 1 year in jail and up to a $4,000 fine.
Theft $2,500 – $30,000
Is a state jail felony. As a result, you could face 6 months – 2 years in the state jail facility and up to a $10,000 fine.
Theft of Firearm
Is a state jail felony. As a result, you could face 6 months – 2 years in the state jail facility and up to a $10,000 fine.
Theft < $2500 Enhanced
Theft of property valued at less than $2,500 where the accused person has been previously convicted two or more times of theft is a state jail felony. As a result, you could face 6 months – 2 years in the state jail facility and up to a $10,000 fine.
Theft $30,000 – $150,000
Is a third-degree felony. As a result, you could face 2 – 10 years in prison and up to a $10,000 fine.
Theft of a Controlled Substance <$150,000
If stolen from a pharmacy, clinic, hospital, nursing facility, or warehouse is a third-degree felony. As a result, you could face 2 – 10 years in prison and up to a $10,000 fine.
Theft $150,000 – $300,000
Is a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine.
Theft of More than $300,000
Is a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine.
Defending Theft Charges in Dallas
First and foremost, the prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!
The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas theft attorney, it can be a powerful weapon.
