Theft crimes come in many forms in San Antonio, TX. Some theft crimes may seem less serious, like when the offender does not use force to commit the crime. However, all theft charges should be considered serious criminal offenses requiring expert legal advice and skilled legal representation.
Our San Antonio theft crimes lawyers at Hernandez Law Firm have over 50 years of combined experience handling criminal defense cases. Since 2013, we’ve been committed to achieving the best possible outcome for our clients. Our legal team leverages our entire law firm’s resources, experience, and skills to defend you against theft charges in Texas.
You could be looking at fines, jail time, and other penalties if convicted in San Antonio, Texas. That’s why having an experienced San Antonio criminal defense lawyer on your side is crucial, guiding you every step of the way.
Call Hernandez Law Firm at (210) 807-8656 to schedule a free consultation with one of our San Antonio theft crimes attorneys to discuss your theft charges.
How Our San Antonio Criminal Defense Lawyers Can Help if You’ve Been Charged With a Theft Crime in Texas
A theft charge on your record can significantly significantly harm your reputation and hurt your chances of getting a much-needed job. Potential employers may move past your application when these types of crimes appear in background checks. Your best chance of avoiding a theft conviction in San Antonio, Texas is to work with an experienced San Antonio criminal defense attorney.
Hernandez Law Firm works tirelessly to protect your constitutional rights and freedom. We have extensive experience defending individuals against criminal charges, including theft offenses.
When you hire our top-rated San Antonio criminal defense lawyers, you can trust that we will:
- Investigate the charges against you to gather evidence to use in your defense
- Analyze the state’s evidence
- Evaluate your legal options and the potential consequences of taking a plea deal
- Work toward a dismissal or reduction of charges
- Explore various defenses to theft crimes that could help you avoid a conviction
- Aggressively negotiate with the prosecutor for acceptable terms of a plea agreement
- Fiercely defend you in hearings and at trial as
No matter what level of theft offense you face, it is important to defend yourself against the allegations. Our legal team is ready to assist you in your defense. Call now for a free case evaluation with an experienced San Antonio theft crimes lawyer.
Common Types of Theft Crimes in Texas
Theft or larceny is the act of stealing someone else’s property with the intent of preventing them from using their property.
Texas criminal statutes define numerous types of larceny or theft, including:
- Shoplifting
- Larceny
- Robbery
- Burglary
- Petty theft
- Armed robbery
- Embezzlement
- Receiving stolen goods
- Fraud
- Larceny from the person
- Animal theft
Our San Antonio theft crimes lawyers handle all types of theft offenses and are prepared to defend you against the charges.
Are Theft Crimes Felonies or Misdemeanors in Texas?
In Texas, the line between a misdemeanor and a felony for theft crimes hinges on how much the stolen property is worth, among other considerations.
For instance, snagging something valued under $100 could be a Class C misdemeanor. But, if you’re accused of taking something worth between $2,500 and just under $30,000, things get more serious, catapulting the charge to a state jail felony.
Regardless of the charge, it’s always a good idea to seek the advice of an experienced Texas criminal defense attorney when charged with a theft crime.
What Are the Penalties for Theft Crimes in San Antonio, TX?
In San Antonio, TX, the penalties for theft crimes vary widely based on the value of the property stolen and other specific circumstances.
According to Texas law, the range of penalties can include:
- Class C misdemeanor for theft of items under $100, which may result in a fine of up to $500 without jail time.
- Class B misdemeanor for theft of items worth $100 to less than $750, leading to up to 180 days in county jail and/or a fine of up to $2,000.
- Class A misdemeanor for theft of items valued at $750 to less than $2,500, with up to 1 year in county jail and/or a fine of up to $4,000.
- State Jail Felony for theft of property ranging from $2,500 to less than $30,000, or theft of certain items like firearms, which could result in 180 days to two years in a state jail and/or fines up to $10,000.
- Third-Degree Felony for theft of property worth $30,000 to less than $150,000, with penalties of two to 10 years in prison and/or a fine of no more than $10,000.
- Second-Degree Felony for theft of property valued at $150,000 to less than $300,000, leading to two to 20 years in prison and/or a fine of no more than $10,000.
- First-Degree Felony for theft of property worth $300,000 or more, which can result in 5 to 99 years in prison or life imprisonment and/or a fine of no more than $10,000.
Given the complexities of theft charges and the significant impact of a conviction, consulting with an experienced attorney could be crucial. A skilled lawyer may navigate the legal system to reduce your charges or minimize the penalties, leveraging their knowledge and expertise to advocate effectively on your behalf.
Is There a Difference Between Larceny and Robbery in Texas?
Yes, there is a difference between larceny and robbery in Texas law. Larceny, commonly referred to as theft, involves unlawfully taking someone else’s property with the intent to permanently deprive them of it. This is done without using force or threats. It’s considered a property crime and is prosecuted based on the value of the stolen property.
Robbery, on the other hand, is a more serious offense. It involves taking property from someone else with the intent to deprive them of it permanently. It is distinct because it involves using force, threats, or causing fear during the commission of the theft.
Because robbery is considered a violent crime against a person, it carries more severe penalties than theft.
Texas law treats larceny and robbery differently since one is considered a crime against property, and the other is a crime against a person. A larceny charge can range from a misdemeanor to a felony based on the value of the stolen items, while robbery is always treated as a felony due to the element of force or intimidation.
Potential Defenses to Theft Crimes in Texas
Even though the prosecution has the duty of proving you committed a crime, you have the right to present a defense to the theft charges.
The Texas Penal Code provides a wide range of defenses that can be raised in response to theft crime charges, depending on the specifics of your case.
Here are some potential defenses:
- Lack of Intent: You didn’t intend to steal or permanently deprive the property owner.
- Mistake of Fact: You genuinely thought you had the right to take something because you were mistaken or misunderstood who it belonged to.
- Ownership or Right to Possession: You truly believed you had the right to the property.
- Consent: The owner of the property gave you permission to use or take something.
- Duress: Someone forced you to commit theft by threatening you or putting you in harm’s way
- Entrapment: A police or another law enforcement agent tricked you into committing a crime you wouldn’t have otherwise committed.
- Return of Property: Returning what you took doesn’t completely clear you, but it can help your case.
- Insufficient Evidence: The evidence against you isn’t strong enough to prove you committed the crime beyond a reasonable doubt.
- Mistaken Identity: You were wrongly identified as the person who committed the theft.
- Mental Incapacity: You couldn’t understand your actions due to a mental health issue, and have medical proof.
- False Allegations: You’re accused of theft for the wrong reasons, like revenge.
- Flawed Valuation: The item you’re accused of stealing is claimed to be worth more than it is, so showing its real value could reduce your charges.
Of course, the effectiveness of these defenses always depends on the circumstances of your case. A skilled defense attorney can assess your situation and determine the most appropriate defense strategy based on the facts.
What Should I Do if I’m Arrested for Larceny or Theft in Texas?
The steps you take after an arrest on theft charges are crucial. It’s common to think that if you could just explain your side of the story, the police officers won’t arrest you, or the prosecutor will drop the charges. You might think that if you could just talk to the alleged victim, you could straighten out the situation before it goes any further.
The absolute best thing you can do for yourself after an arrest for theft in San Antonio is to stop talking. Don’t talk to the police or the prosecutor without an attorney present. You only need to say that you want to speak with an attorney.
Remember, giving statements, answering questions, and representing yourself are not in your best interests.
Schedule a Free Consultation With Our San Antonio Theft Crimes Lawyers
Facing a theft charge is a serious matter that demands serious attention in San Antonio, TX. You shouldn’t navigate this challenge alone. Contact Hernandez Law Firm for a free case evaluation from a seasoned San Antonio theft crimes attorney, and take the first step towards safeguarding your future.
