Theft Attorney in McKinney, Texas

How Texas Classifies Theft

Texas law consolidates many different forms of theft into a single overarching offense category. This uniform structure applies to shoplifting, theft of services, receiving stolen property, and other related infractions. Under this system, the potential penalty level is determined almost entirely by the property's financial value. 

Navigating these charges requires a clear understanding of the specific state tiers, which are structured as follows:

• Class C misdemeanor. Property valued under $100 punishable by a fine only.
• Class B misdemeanor. Property valued between $100 and $750, carrying up to 180 days in jail.
• Class A misdemeanor. Property valued between $750 and $2,500, with a maximum penalty of up to one year in jail.
• State jail felony. Property valued between $2,500 and $30,000 punishable by a mandatory minimum of 180 days up to two years in a state jail facility. 
• Third-degree felony. Property valued between $30,000 and $149,999 punishable by two to 10 years in prison and a fine of up to $10,000.
• Second-degree felony. Property valued between $150,000 and $299,999 punishable by two to 20 years in prison and a fine of up to $10,000.
• First-degree felony. Property valued at $300,000 or more is punishable by five to 99 years or life in prison and a fine of up to $10,000.

Beyond the immediate value of the property in question, previous theft convictions can automatically elevate the classification of any new charge. This compounding legal effect raises the stakes significantly for anyone with an existing criminal record. 

Furthermore, if any physical force or threat of violence is used during the commission of a theft, the offense is removed from this value-based system entirely and prosecuted as robbery. Because Texas classifies robbery as a serious violent crime regardless of the actual property value, developing a strategic defense plan becomes a critical priority.

How We Challenge the Elements of a Theft Case

Our approach to defense begins by examining whether the prosecution can prove all required elements of the offense beyond a reasonable doubt. To secure a conviction for theft, the state must prove several specific factors. 

These include establishing that the defendant took property belonging to someone else, that they explicitly intended to deprive the owner of that property, and that the value of the item meets the threshold for the charged classification.

Successfully challenging any one of these required elements can create reasonable doubt and support a more favorable resolution. In matters involving alleged shoplifting, questions surrounding intent are often central to our legal strategy. We closely investigate whether the defendant knowingly concealed property with the intent to leave without paying, or whether an honest mistake occurred. 

Alternatively, in situations involving an alleged theft of services or financial fraud, the underlying complexity of the business transaction itself may offer additional grounds for a strong defense.