If you’re facing charges for theft crimes in Dallas, you need an experienced attorney familiar with Texas law and local court procedures. Our Dallas theft defense lawyer and former prosecutor, RJ Harber, has successfully defended clients against theft charges.
We investigate every aspect of your case, challenge illegal searches and seizures, negotiate with prosecutors, and fight aggressively to protect your rights.
Whether this is your first offense or you have prior convictions, we build strong defenses tailored to your situation. Contact us today for a free consultation.
Theft Charges -Texas Penal Code §31.03
Under Texas Penal Code §31.03, theft happens when a person unlawfully takes another person’s property with the intent to deprive the owner of it. The scope of theft charges depends on the value of the property stolen.
Under Texas law, “deprive” has a specific legal definition that includes:
- Withholding property permanently or for such a period that the owner loses a portion of the property’s value or enjoyment.
- Returning stolen property only if the owner pays a reward or other compensation.
- Disposing of stolen property so that it’s unlikely the owner will recover it.
Prosecutors must prove that the person charged knowingly took property without the owner’s permission and intended to deprive the owner of it.
Property is defined as measurable or non-material personal property, including services, documents like checks and stocks, money, or anything of value.
Factors Enhancing Theft Charges in Texas
- The type of property stolen (firearms, livestock, metals)
- Whether the theft offense was from a person
- The use of a weapon
- Prior theft convictions
- Position of trust (public servants, employee theft)
- Theft of a firearm is a state jail felony regardless of value
Auto Theft
Auto theft charges can occur in different situations—from joyriding in a “borrowed” vehicle to complex car theft crimes. Law enforcement investigates these cases, pursuing harsh penalties. In Texas, vehicle-related thefts typically fall under two separate offenses:
- Theft (TPC §31.03): If the vehicle was taken with intent to deprive the owner permanently.
- Unauthorized Use of a Motor Vehicle (TPC §31.07): If a person operates a vehicle without the owner’s consent but without intent to permanently deprive, this offense is classified as a state jail felony.
Key aspects of auto theft charges:
- Penalties increase based on the vehicle’s value and the accused’s criminal history.
- It can be enhanced if force was used or the vehicle belonged to an elderly person.
- Additional charges like burglary of a vehicle or unauthorized use of a vehicle may be involved.
Consequences of a Theft Conviction
A theft conviction in Texas carries penalties that escalate based on the value of the property stolen:
- Property Value Under $100
- Class C misdemeanor
- Fine up to $500
- No jail time, but creates a criminal record
- Property Value $100 to $749.99
- Class B misdemeanor
- Up to 180 days in jail
- Fine up to $2,000
- Property Value $750 to $2,499.99
- Class A misdemeanor
- Up to 1 year in jail
- Fine up to $4,000
- Property Value $2,500 to $29,999.99
- State jail felony
- From 180 days to 2 years in state jail
- Fine up to $10,000
- Property Value $30,000 to $149,999.99
- Third-degree felony theft
- 2 to 10 years in prison
- Fine up to $10,000
- Property Value $150,000 to $299,999.99
- Second-degree felony theft
- 2 to 20 years in prison
- Fine up to $10,000
- Property Value $300,000 or more
- First-degree felony theft
- 5 to 99 years in prison
- Fine up to $10,000
Common Theft Defenses
A skilled defense attorney can use differing defense strategies to fight such charges. Here are effective defense strategies we regularly use to protect our clients:
Lack of Intent
The prosecution must prove those charged intended to steal the property. If you believed you had permission to take the item, were mistaken about ownership, or planned to return it, this could negate the required criminal intent.
Claim of Right or Ownership
If you had a good faith and reasonable belief that you had a legal right to the property, this can serve as a complete defense to theft charges. This often arises in disputes over borrowed items or business disagreements.
Mistaken Identity
Many theft cases rely on eyewitness identification or surveillance footage. We carefully examine this evidence, as eyewitnesses can be unreliable, and video footage may be inconclusive.
Constitutional Violations
Law enforcement must follow proper procedures. We scrutinize every aspect of the investigation for:
- Illegal searches and seizures
- Miranda rights violations
- Improper police lineups
- Chain of custody issues with evidence
False Accusations
Sometimes, people make false theft accusations out of revenge, jealousy, or misunderstanding. We investigate motives and gather evidence to expose false claims.
Insufficient Evidence
The prosecution must prove every element of theft. We challenge weak evidence, question inconsistent witness statements, and highlight gaps in the prosecution’s case.
Related Theft Charges
Burglary — Texas Penal Code §30.02
Under Texas Penal Code §30.02, burglary happens when a person unlawfully enters or conceals themselves in a building, habitation, or certain structures with the intent to commit a felony, theft, or assault. The penalties vary based on the type of structure:
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- State jail felony: Burglary of a non-residential building.
- Third-degree felony: Burglary of a commercial building where controlled substances are stored.
- Second-degree felony: Burglary of a habitation (residence), punishable by 2 to 20 years in prison and a fine up to $10,000.
- First-degree felony: If the intent was to commit a felony other than theft (assault or sexual assault), punishable by 5 to 99 years in prison.
Robbery — Texas Penal Code §29.02
Under Texas Penal Code §29.02, robbery occurs when someone commits theft and:
- Intentionally, knowingly, or recklessly causes bodily injury to another person or
- Intentionally or knowingly threatens another person with imminent bodily injury or death.
Robbery is a second-degree felony, punishable by 2 to 20 years imprisonment and a fine of up to $10,000. If a deadly weapon is used or the victim is elderly or disabled, it is elevated to aggravated robbery (first-degree felony) with a punishment of 5 to 99 years in prison.
Identity Theft (Fraudulent Use or Possession of Identifying Information)
Under Texas Penal Code §32.51, identity theft involves obtaining, possessing, transferring, or using another person’s identifying information without consent, including Social Security numbers, birthdates, financial account data, and other personal identifiers. The penalties depend on the number of identifying items involved:
- State jail felony: Less than 5 items
- Third-degree felony: 5 to 9 items
- Second-degree felony: 10 to 49 items
- First-degree felony: 50 or more items
Contact Us for a Free Consultation
If you’ve been charged with theft in Dallas, time is critical. Our Dallas theft lawyer has a proven track record of defending clients against misdemeanor theft, state jail felony theft, and felony theft cases. Contact the Dallas County law offices of RJ Harber today for a free consultation.
Frequently Asked Questions
Do I need a theft defense lawyer?
An experienced attorney evaluates evidence, negotiates with prosecutors, and challenges unlawful searches. They work to seek charge reduction or dismissal while protecting your rights throughout proceedings. Your lawyer may build a defense strategy for your specific situation and guide you through the legal process.
What should I do if I’m accused of theft?
Never speak to law enforcement without an attorney present, and avoid discussing the case with anyone. Document all relevant details and conversations while preserving any evidence supporting your defense. Contact a criminal defense attorney as soon as possible.