Laredo Theft Defense Lawyer
Accused of Theft in Laredo? Talk to a Criminal Defense Lawyer.
If you have been accused of theft in Laredo, Texas, the consequences can depend on much more than the dollar value of the property involved. While the dollar amount matters, the type of property, how it was allegedly taken, your prior criminal record, and the evidence of your intent can all affect the charge and potential punishment.
A theft accusation does not automatically mean you will be convicted. Texas prosecutors must prove the elements of the offense beyond a reasonable doubt, and an experienced criminal defense lawyer can examine whether the evidence actually establishes that you unlawfully appropriated property and intended to deprive its owner of it.
If you are under investigation or have already been charged with theft, contacting a Laredo criminal defense attorney from Guzman Law Firm can give you an opportunity to address the allegations before evidence and circumstances surrounding the case become more difficult to challenge.
What is considered theft in Texas?
Texas Penal Code Section 31.03 defines theft as unlawfully appropriating property with the intent to deprive the owner of the property. Appropriation generally means acquiring or exercising control over someone else’s property (not real estate). An appropriation is unlawful when, among other circumstances, it occurs without the owner’s effective consent. That definition contains several important requirements:
1. The property belonged to someone else
The prosecution must establish that the property allegedly taken belonged to another person or that another person had the relevant ownership or possessory rights.
2. The property was unlawfully appropriated
The prosecution must establish that the defendant acquired or exercised control over the property in a manner the law considers unlawful. For example, taking merchandise from a store without paying for it can constitute an unlawful appropriation.
3. The owner did not effectively consent
Consent can be an important issue in a theft case. If the defendant had permission to possess or use the property, the circumstances surrounding that permission may become central to the defense.
4. The defendant intended to deprive the owner of the property
Intent matters. A person does not necessarily commit theft merely because they temporarily possess property that belongs to someone else. The prosecution must establish the required criminal intent based on the circumstances of the case.
Texas law specifically recognizes mistake of fact as a potential defense when a reasonable mistaken belief about a factual matter negates the culpability required for the offense. The statute of limitations on theft in Texas is generally five years after the alleged date of the crime.
What Are the Different Types of Theft Charges?
Texas law treats theft as a broad offense that can encompass conduct that was historically prosecuted under different names, including theft by pretext, embezzlement, shoplifting, receiving or concealing stolen property, and other offenses.
Depending on the allegations, a theft defense lawyer may handle cases involving:
- Shoplifting or retail theft
- Theft of personal property
- Theft of a vehicle or unauthorized use of a vehicle
- Employee or workplace theft
- Embezzlement-type allegations
- Theft by deception or false representations
- Possession or receipt of stolen property
- Identity-related theft allegations
- Cargo theft
- Theft of a firearm
- Theft of a catalytic converter
- Theft of copper, aluminum, bronze, or brass
- Theft of livestock
- Theft of controlled substances
- Organized retail theft
- Theft of trade secrets
Some conduct that people commonly call “theft” is actually prosecuted under a different criminal statute. For example, robbery involves additional elements like force or threats, while burglary involves unlawful entry or remaining in a building or habitation with the required criminal intent. The specific char
What Are the Penalties for Theft in Texas?
For ordinary theft under Texas Penal Code Section 31.03, the punishment can range from a Class C misdemeanor to a first-degree felony. The classification generally depends on the value and nature of the property, although certain circumstances can increase the offense regardless of value.
Alleged property/value | General classification | Potential punishment |
Less than $100 | Class C misdemeanor | Fine up to $500 |
$100 – less than $750 | Class B misdemeanor | Up to 180 days in jail and/or $2,000 fine |
$750 – less than $2,500 | Class A misdemeanor | Up to 1 year in jail and/or $4,000 fine |
$2,500 – less than $30,000 | State jail felony | 180 days – 2 years in state jail and/or up to $10,000 fine |
$30,000 – less than $150,000 | Third-degree felony | 2 – 10 years in prison and/or up to $10,000 fine |
$150,000 – less than $300,000 | Second-degree felony | 2 – 20 years in prison and/or up to $10,000 fine |
$300,000 or more | First-degree felony | 5 – 99 years or life in prison and/or up to $10,000 fine |
The alleged value of the property can be one of the most important issues in a Texas theft case.
Texas generally measures the value of property by its fair market value at the time and place of the offense. If that value cannot be determined, the law may use the reasonable replacement cost. There are additional rules for certain documents and retail merchandise.
This means the amount claimed by a store, business, victim, or police report is not necessarily the final word on the legal value of the property.
What Are Possible Defenses to Theft?
The appropriate defense depends on the evidence and the precise allegations. A criminal defense lawyer may investigate several possible defenses:
- Lack of intent: The prosecution must establish the required intent to deprive the owner of property. Evidence showing that the defendant believed they had a right to possess, use, purchase, or retain the property can be relevant to whether the required intent existed.
- Mistake of fact: Texas law recognizes a defense when a defendant’s reasonable mistake about a factual matter negates the culpability required for the offense.
- Consent or authorization: If the owner gave the defendant permission to possess or use the property, the circumstances surrounding that permission may be critical. A defense may involve examining messages, contracts, receipts, business records, security footage, witness statements, or other evidence showing that the defendant had authorization.
- Dispute over ownership or possession: Property disputes can become criminal allegations when people disagree about who was entitled to possess something. Texas law also provides that simply having some interest in property does not necessarily defeat a theft prosecution if another person has the right to exclusive possession.
- Dispute over value: Even when the underlying conduct is disputed, the value assigned to the property may be another important issue. If the evidence does not support the value alleged by the prosecution, challenging the valuation can potentially affect the classification of the offense.
- Lack of knowledge: In cases involving allegedly stolen property, the prosecution may have to establish the defendant’s knowledge or intent based on the particular theory of prosecution.
- Duress: Texas law recognizes compulsion by force or threat of force as a defense in circumstances covered by the statute. The requirements are specific, and the availability of the defense depends on the offense and circumstances involved.
- Entrapment: Entrapment may apply when a law enforcement agent induces a person to commit an offense through persuasion or other means likely to cause an otherwise unwilling person to commit the crime.
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Guzman Law Firm offers quality representation in Laredo, TX for DWI Defense, State and Federal Criminal Defense, Family Law, and Personal Injury cases.
“Javier Guzman is a top-notch lawyer. If anyone is facing a case needing a criminal defense attorney, I would highly recommend Javier. I would trust him with my family. Someone who won’t back down and will take cases to trial, unlike most locals.”
– Sean Darvishi | Fellow Attorney
Accused of Theft? Call Guzman Law Firm today.
A theft case should not be evaluated solely by looking at the dollar amount listed in the charging paperwork. Javier Guzman of Guzman Law Firm can investigate how the allegation arose and examine whether the prosecution can prove each required element. Depending on the case, that may include:
- Reviewing police reports and charging documents
- Examining surveillance or security footage
- Identifying and interviewing witnesses
- Reviewing text messages, emails, and other communications
- Investigating ownership and authorization issues
- Challenging the valuation of allegedly stolen property
- Examining evidence of intent
- Investigating prior convictions and potential enhancements
- Identifying constitutional or evidentiary issues
- Negotiating with prosecutors when appropriate
- Preparing the case for trial when necessary
It is also important to avoid trying to explain away the accusation directly to police, an employer, a store investigator, or the alleged victim without first discussing the situation with your attorney. Statements made during an investigation can become evidence in the case.
A theft accusation can affect your freedom, finances, employment, professional opportunities, and future. The right defense depends on the specific allegations and evidence.
If you have been accused of theft in Laredo, contact Guzman Law Firm to discuss your case with an experienced criminal defense attorney. Early legal representation can allow your attorney to begin examining the evidence, identifying potential defenses, and determining how best to respond to the allegations.
Need Relentless Representation?
Schedule a Consultation
Guzman Law Firm offers quality representation in Laredo, TX for DWI Defense, State and Federal Criminal Defense, Family Law, and Personal Injury cases.