In Texas, there are various types of theft crimes, each with its own set of legal implications. Understanding the specific type of theft crime you are charged with is crucial to building a solid defense strategy. Please continue reading as we explore common defenses to theft charges in Texas and how a determined Dallas Theft Lawyer can help shield you from an uncertain future.
What Are the Different Types of Theft Crimes in Texas?
First and foremost, it’s important to understand that theft crimes involve the unlawful taking of someone else’s property with the intent to deprive them of it permanently. Theft charges encompass a wide range of offenses, from petty theft such as shoplifting to more serious crimes like burglary and grand theft auto. Generally, theft offenses are classified as either shoplifting, robbery, or burglary in the state.
Shoplifting refers to when an individual takes an item from a store without paying for it. Robbery refers to when an individual steals an item, such as a vehicle, or money by threatening or using force. A burglary occurs when an individual breaks into someone else’s home or a business with the intent to commit a crime inside. Federal theft crimes, on the other hand, are any crimes that involve the unlawful taking of property from a person or entire that is considered to be federal. This may include crimes like identity theft, money laundering, theft of mail matter, unauthorized use of intellectual property, fraud charges, and embezzlement of public money, property, or records.
What Are Common Defenses to Theft Charges?
The unique circumstances surrounding your theft case will heavily influence the defensive strategies your attorney will employ. Factors such as the type and value of the property allegedly stolen, the location and manner in which the alleged theft occurred, the presence of witnesses, and your prior criminal history, if any, will play a significant role in shaping your defense.
One of the most common defense strategies against theft charges is a lack of intent. To be convicted, the prosecution must show that you intended to permanently deprive the owner of their property. If your attorney can argue that you didn’t have that intent, perhaps because you reasonably believed the property was yours or intended to return it, this can be a strong defense. In addition, you may be able to raise duress as a valid defense if you were forced to commit the theft under threat or coercion. If a law enforcement officer induced you to commit the theft, you may be able to use the defense of entrapment.
As you can see, there are several defenses available. However, the most effective will depend on the specific circumstances of your case. Connect with a skilled attorney from Spangler Law today for guidance and skilled representation.
