How to Defend a Theft Charge
Theft crimes in Texas can range from a low level shoplifting charge, a class C misdemeanor punishable by fine only, all the way to a first degree felony punishable by life in prison. It all depends on the amount in question, how strong the evidence is, and often times how much restitution can be paid.
Texas Theft Charges
Theft offenses are broken down as follows:
- Theft under $100 is a Class C Misdemeanor (punishable by a fine up to $500).
- Theft between $100 and $750 is a Class B Misdemeanor (punishable by up to 180 days in jail and a $2000 fine). If the value of the stolen property is under $100, it is still a Class B Misdemeanor theft if you have been previously convicted of theft of if the property stolen was an identification card like a driver’s license.
- Theft between $750 and $2,500 is a Class A Misdemeanor, punishable by up to one year in jail and a $4000 fine.
- Theft between $2,500 and $30,000 is a state jail felony. Also punishable as a state jail felony is 1) theft of a firearm, 2) a third theft conviction (even if the value of the stolen property on the third case is less than $2,500), 3) any theft under $20,000 if the theft is a metal including aluminum, copper, brass and copper, 4) an official election ballot, 5) theft from a grave and 6) certain thefts of livestock.
- Theft between $30,000 and $150,000 is a third degree felony. Certain thefts of livestock are also thefts of the third degree. Certain thefts of controlled substances are also third degree felonies.
- Theft between $150,000 and $300,000 is a second degree felony. Also, thefts of an ATM are second degree felonies, even if the value is under $300,000.
- Any Theft over $300,000 is a first degree felony.
“Inflation Theft Charges”
As inflation has eroded the value of American currency, more and more shoplifting cases are being prosecuted as class B misdemeanors in county court, rather than as class C misdemeanors in municipal court. What was once valued at less than $100 now easily crosses into class B theft territory. It may seem like a small offense, but if the value is over $100, a person faces exposure of up to 6 months in county jail and an elevated conviction on his record.
Immigration Consequences of Theft as a Crime of Moral Turpitude
Theft is classified as a “crime of moral turpitude,” making it deportable under federal law. That is, even a misdemeanor theft, such as shoplifting, is a deportable offense since it is a crime against morals. Most visitors to the country who are not citizens will require the most aggressive representation to make sure a guilty plea is not entered for theft if at all possible, even on a municipal case. Since immigration law is handled after criminal cases are resolved, it is important to resolve the criminal case on the right terms to begin with, then sort one’s immigration matters second.
Mistaken Theft: a Good Faith Purchaser for Value
Occasionally a client tells me that he is charged with theft after buying something fair and square. For example, a man buys a car that turns out to be reported stolen. In this case, the law provides a defense in both criminal and civil contexts when a person buys for value and in good faith. That is, if nothing would have alerted a reasonable person to the existence of the theft, then the new purchaser successful takes title to the property. So, if a deal is too good to be true, it’s harder to argue for good faith purchase for value. However, if a deal is good, but not too good to be true, then it is much easier to argue good faith purchase for value, and the charge can be greatly challenged.
The Best Way to Resolve a Theft Case
Theft is a crime which has a clear victim: the owner of the deprived property. On a felony case, common fact patterns include hot checks, stolen cars, or embezzlement from an employer. In such a case, the victim—or complaining witness-usually just wants his money back. It is amazing how much can be achieved by paying the money back, even if it is only through a payment plan and not all at once.
Walker Fults recently represented a client whose case was stuck on 7 years prison time for over a year. When negotiations failed with a previous attorney, the gentleman hired Walker Fults, who successfully negotiated a reasonable period of deferred probation, which involved a payment plan and no felony conviction. A portion was paid up front to assure the prosecutor’s office of good faith, after which point the prospect of prison was off the table.
Misdemeanor cases, by contrast, can often be resolved through an agreement for restitution, an anti-theft class, a donation to a local food bank, or a combination of the above. When a person takes steps to rehabilitate (through the counsel of his attorney), he sets himself apart from the vast majority of defendants of theft cases who simply make no effort to repair the harm caused by their cases. By initiating effort at the suggestion of Walker Fults, many clients have seen their theft case go away, resolve without prison time, or be reduced to far below the original charge.
Call Dallas Theft Attorney Walker Fults
If you are charged with theft, whether it’s for tens of thousands of dollars or for less, call the Law Office of Walker Fults at (214) 838-0557 right away. We offer free consultations and will do our very best to help with your particular case.
