Cedar Park Theft Crime Attorneys

Serious Defense for Serious Theft Crime Charges in Cedar Park, TX

Being charged with theft—whether shoplifting or armed robbery—is serious. You could be facing penalties ranging from a years-long prison sentence to thousands of dollars in fines. In some cases, you may even face life in prison. If you have been arrested for theft in Texas, your future is on the line. You need a skilled Cedar Park criminal defense team to not only protect your rights but also to help you avoid the harsh, life-changing consequences of a conviction. 

That’s where we come in.

At Smith & Vinson Law Firm, we deliver aggressive, client-focused strategies that are tailored to each unique situation. Our team of Cedar Park theft attorneys includes former prosecutors who understand how the other side works. We know how these cases are charged and prosecuted, we know the law, and we know what it takes to defend you against serious charges that threaten your future. 

If you’ve been charged with a theft crime, you don’t have time to waste. Contact us now at (512) 359-3743 for a free, confidential consultation.

Types of Theft Charges in Texas & What They Mean

Under Texas law, theft is defined as the unlawful appropriation (taking) of property (including goods, personal belongings, products, and services) with the intent to deprive the rightful owner of that property.

In other words, theft is more than simply taking something that doesn’t belong to you; the act must be unlawful, meaning the owner did not give you the property and then change their mind, and there must be intent to permanently take the property from the owner, meaning you had zero intention of ever returning the property to its owner. 

Some of the many types of theft crimes in Texas include: 

• Retail Theft: Also known as “shoplifting,” this specifically involves stealing products from a store, such as a boutique, department store, grocery store, etc.
• Organized Retail Theft: A more serious type of shoplifting, this involves systematically stealing large amounts of products from stores to resell them. 
• Petty Theft: In Texas, “petty theft” involves stealing property valued at $100 or less. Examples include pickpocketing, purse snatching, or stealing a wallet containing $100 or less in cash.
• Robbery: Robbery is defined as the unlawful and forceful taking of property, either by threat or actual use of force, resulting in injury or fear of imminent bodily harm.
• Armed Robbery: Armed robbery occurs when someone uses or brandishes a weapon while forcefully stealing property from another person (robbery). 
• Burglary: This involves entering a “dwelling” (i.e., a home) or another building without consent and with the intent to commit theft, assault, or a felony.
• Fraud: Fraud is a type of “white collar” crime that involves unlawfully taking property, services, or money from others through deceptive acts.
• Embezzlement: Embezzlement is another type of white collar crime that involves taking money or property with which one has been entrusted. 
• Extortion: Extortion involves making threats, including threats of bodily harm or death, in order to unlawfully deprive another person of their property.
• Receiving Stolen Property: Even if you did not steal the property yourself, you can be charged with a crime for knowingly possessing stolen items in Texas. 

How Theft Crimes Are Charged in Texas

Theft crimes can be charged as either misdemeanors or felonies in Texas. The key to how a crime is charged lies in the value of the property that was allegedly stolen.

Felony theft crimes in Texas: 

• First-Degree Felony Theft: This is the most serious type of theft charge in Texas. A crime is charged as first-degree felony theft if the value of the stolen property or services is $300,000 or more. 
• Second-Degree Felony Theft: Theft will be charged as a second-degree felony if the value of the stolen property or services is at least $150,000 but less than $300,000
• Third-Degree Felony Theft: This involves crimes in which the value of the stolen property or services is at least $30,000 but less than $150,000; or the stolen property consists of livestock valued at less than $150,000; or the stolen property is a controlled substance that was taken from a commercial property where such substances are typically stored, and the substance is valued at less than $150,000.
• State Jail Felony Theft: Several types of theft crimes may be charged as state jail felonies. This includes crimes in which the value of the stolen property or services is at least $2,500 but less than $30,000; the value of the stolen property or services is less than $2,500, but the defendant has at least two prior theft convictions; the stolen property is a catalytic converter, firearm, election ballot, or certain type of metal or livestock; or the stolen property was taken from another person, grave, or human corpse. 

Misdemeanor theft crimes in Texas: 

• Class A Misdemeanor Theft: Theft may be charged as a Class A misdemeanor when the value of the stolen property or services is at least $750 but less than $2,500. This is the most serious type of misdemeanor theft in Texas and one step below a felony.
• Class B Misdemeanor Theft: This charge typically occurs when the value of the stolen property or services is at least $100 but less than $750; the value of the stolen property or services is under $100, but the defendant has at least one prior theft conviction; or is the property that was stolen is some type of official identification card, such as a driver’s license.
• Class C Misdemeanor Theft: Theft is classified as a Class C misdemeanor in Texas when the stolen property or services are valued at less than $100. Although this is the least serious type of theft charge in the state and does not typically lead to jail time (with some exceptions), a conviction could result in penalties including $500 in fines and possible restitution to victims. 

Will I Go to Jail? Understanding the Penalties for Theft Crimes in Texas

For any theft charge other than a Class C misdemeanor, where the value of the stolen property or services is less than $100, imprisonment is on the table. In fact, depending on the type of charge and the value of the stolen property, you could be facing significant jail time and extremely high fines. 

The penalties for theft in Texas include: 

• Imprisonment: Certain theft crimes have minimum sentences of 180 days or 2 to 5 years up to 10, 20, or even 99 years in state prison. 
• Fines: The fines associated with a theft crime conviction range from $500 (Class C misdemeanor theft) to $2,000, $4,000, or up to $10,000 (felony theft)
• Civil Penalties: You could be made to pay damages (restitution) to the defendant for certain theft crimes, such as retail theft (shoplifting). 

Additionally, being convicted of a crime will result in a permanent criminal record. Because of the nature of theft crimes, many employers are unwilling to retain or hire people with this kind of background, meaning it could be very difficult for you to keep your job or get a new one in the future. A conviction can seriously impact your reputation, straining personal relationships, affecting your career, and putting your future in jeopardy. 

The best thing you can do right now is reach out to a knowledgeable Cedar Park theft defense attorney, like ours. An attorney from our firm can review your case and immediately begin developing strategies to protect you. 

How to Defend Theft Crime Charges in Texas 

To convict you of a theft crime, the state must prove several key elements, such as your intent to deprive the owner of their property. Defending your charges often involves challenging these elements. Our theft lawyers in Cedar Park examine the specific circumstances surrounding your case to determine the best possible defense.

Some defenses we may use include: 

• Lack of intent 
• Mistaken identity 
• Insufficient evidence 
• Inconsistent witness testimony
• Property owner consent 
• Rightful property ownership
• Disputes regarding property value
• Duress 
• Improper search and seizure
• Law enforcement errors 
• Innocence 

No matter how complicated your situation is, our team can help. Our attorneys have defended people against all types of theft charges, often securing not-guilty verdicts or even having their charges dropped. We invite you to view some of our recent case results and read some reviews from past clients to learn more about cases we've handled and how we can help you.

You can also set up a free and confidential consultation with a member of our team. Call (512) 359-3743 or contact us online 24 hours a day, 7 days a week.