Austin Theft Defense Lawyers

Defending Against Shoplifting & Other Theft Charges in Travis County

Being accused of stealing can be an embarrassing, stressful ordeal. What’s more, you could face serious criminal charges and penalties. Depending on the value of the alleged loss, a theft charge can range anywhere from a Class C misdemeanor to a first-degree felony, and the penalties vary from a simple fine to time in prison. To make matters worse, the consequences of pleading guilty to a theft charge follow you for the rest of your life. Theft is a “crime of moral turpitude,” and many potential employers, universities, and other agencies will require you to list it on an application.

If you have been arrested for or charged with shoplifting, theft, or a related crime in Travis County or anywhere in Central Texas, Smith & Vinson Law Firm can help. Our Austin theft crime attorneys provide experienced and aggressive defense to those facing serious allegations. We recognize the sensitive nature of your situation, as well as the urgency of your case. You can trust our team to work diligently to protect you, your rights, and your future. 

Contact us today at (512) 359-3743 to schedule a free and confidential consultation with a member of our legal team. We are available 24/7 to assist you. 

Understanding Theft Crime Charges in Texas

There are many different types of theft crimes under Texas law, but, in essence, these crimes involve the unlawful taking of property with the intent to deprive the rightful owner of said property. 

The prosecution will need to show two things before they can convict you of a theft crime: 

• Criminal intent, meaning you knowingly and purposefully took the property with the intent to deprive the rightful owner of it; and
• Possession of the property, meaning you were actually in possession of the stolen property or goods. 

Examples of Theft Crimes 

Some of the more common theft crimes are:

• Shoplifting
• Writing bad checks
• Check forgery
• Credit card theft
• Identity theft
• Buying or accepting stolen property
• Auto theft
• Fraud or embezzlement
• Burglary
• Robbery

Each of these crimes requires proof of different elements and has different defenses available. Additionally, for each element of the charged offense, the State has the burden of proving them beyond a reasonable doubt. You are innocent until proven guilty. 

If you are facing theft charges you need an Austin theft crime attorney who understands how to fight for you and protect your rights. Our team has extensive experience navigating complex theft crime charges in Travis County and throughout Central Texas. We are ready to do everything we can to make sure a theft charge does not destroy your life.

What Are the Penalties for Theft Crimes? 

Generally speaking, theft crimes are punished based on the value of the property taken.

The table below outlines the possible penalties for a theft crime conviction in Texas: 

Shoplifting Charges in Texas 

While a shoplifting charge may seem minor, a theft conviction of any type can follow you for the rest of your life. It will show up on any routine background check and could ruin your chances at getting the job of your dreams or qualifying for that scholarship you need for school. Whether you are accused of stealing a $60,000 car or a $2 candy bar, a theft charge must be taken very seriously.

What to Do If You Are Accused of Shoplifting in a Retail Store

If you are in a large chain retail store, such as Wal-Mart or Target, store security will likely detain you and question you before calling the police. 

Here’s what to do if you find yourself in this situation: 

• Cooperate with security: In most cases, you will be confronted by either the retail security or a loss prevention officer. Remain calm and do not try to flee. Most major retailers will call the police when they suspect shoplifting, and fleeing police or resisting arrest could lead to additional charges.
• If questioned by store employees, request a witness: Request that either another employee or the store manager be present during questioning. Make sure you take down everyone’s name and job title.
• Carefully read all paperwork before signing it: Store policy will require most places to write an incident report. If you are asked to sign it, make sure you read it thoroughly before you do so. Refuse to sign any document with incorrect or incomplete information.
• Call Smith & Vinson Law Firm: Before you leave the store, the store manager will have likely called the police. If you have been arrested or given a citation and/or a court date, call us immediately for a free consultation. Our aggressive Austin theft lawyers are on call 24/7 to review your case.

Most major retail stores will prosecute shoplifters to the full extent of the law, regardless of the value of the property taken. Further, returning the items or paying restitution will not prevent charges from being filed. It is, therefore, imperative that you not attempt to handle a shoplifting or theft charge on your own. Call us immediately, so that we can begin interviewing witnesses, locating security camera footage, and reviewing the offense reports. 

Remember, the prosecution must prove beyond a reasonable doubt that you had the intent to steal. Many retail security staff detain suspects before they even attempt to leave the store and write incident reports that are one-sided and missing key factual details. Our team can mount an aggressive defense. Let us fight for you.

Defenses to Shoplifting Charges 

There are several defenses that can be used in a shoplifting case, depending on the specific circumstances. 

Some common defenses include:

• Lack of Intent: One of the key elements of shoplifting is the intent to permanently deprive the owner of their property. If it can be shown that there was no intent to steal, such as mistakenly walking out of a store with unpaid items or forgetting to pay for an item, this defense may apply.
• Mistake of Fact: If the defendant can demonstrate that they genuinely believed they had the right to take the item or that they were unaware that the item was not paid for, this defense may be used. For example, if there was confusion at the checkout counter or a misunderstanding about a store's policies, it could be argued that the defendant's actions were based on a mistake of fact.
• Coerced Confession: If the defendant's confession was obtained under duress or coercion, it may be challenged as involuntary and not admissible in court.
• Insufficient Evidence: If the prosecution cannot prove beyond a reasonable doubt that the defendant committed the act of shoplifting, this defense may be used to challenge the evidence presented against them.
• Entrapment: If the defendant can show that they were induced or coerced by law enforcement or store personnel to commit the crime, this defense may apply. Entrapment occurs when the defendant would not have committed the offense without the encouragement or inducement provided by law enforcement or store personnel.
• Age: If the defendant is a minor, their age may be used as a defense. In some cases, minors may be subject to different legal standards or diversion programs aimed at rehabilitation rather than punishment.

It's important to note that each case is unique, and the effectiveness of these defenses will depend on the specific facts and evidence involved. If you are facing shoplifting charges in Texas, it's advisable to consult with a theft defense attorney who can evaluate your case and provide guidance on the best defense strategy for your situation.

The Importance of Hiring a Lawyer When Accused of Theft

Hiring a lawyer when accused of shoplifting or theft is crucial for several reasons. A skilled defense attorney possesses a deep understanding of criminal law, enabling them to navigate complex legal processes and build a robust defense strategy tailored to the specific circumstances of your case. Additionally, a lawyer can assess the evidence against you, identifying any procedural errors, violations of rights, or weaknesses in the prosecution's case that could lead to a favorable outcome. Furthermore, an experienced criminal defense law firm will be adept at negotiating with prosecutors to potentially secure reduced charges, penalties, or alternative resolutions. 

Having a lawyer provides legal support during a challenging time, which can help ensure that you fully understand your rights, options, and the potential consequences you may face. 

We Provide Aggressive Defense Strategies for Theft Charges 

Texas aggressively prosecutes theft cases, from shoplifting to grand theft. You need to mount an equally aggressive defense. The State is working against you. We will work for you. 

Smith & Vinson Law Firm represents clients accused of theft in Austin, Round Rock, Georgetown, Cedar Park, Leander, Taylor, Hutto and all around the Central Texas area. Our competent, qualified Austin theft defense attorneys can review the evidence and fight to keep a theft conviction off your record. 

In many situations, there can be a resolution that does not end with a conviction. There may be diversion programs available or other forms of alternative sentencing. If there was a complaining witness, the District Attorney’s office may be more concerned about getting restitution back to them than convicting you. There are many more options available than simply pleading guilty. Let Smith & Vinson Law Firm review your case and fight for you.

Trust Our Austin Theft Crime Attorneys

If you have been arrested or charged with a theft offense in Austin, Travis County, Williamson County, Hays County, or any of the surrounding areas, contact Smith & Vinson Law Firm. We take your theft charges seriously and fight to protect your constitutional rights. Jarrod Smith and Brad Vinson are aggressive trial lawyers that can fight for you from day one to seek the best possible resolution for your case.

Contact our office today for a free consultation; call (512) 359-3743 or submit a secure contact form for 24/7 assistance.