San Antonio Theft Defense Lawyers – Protecting Your Rights Against Theft Charges in Texas
The Serious Consequences of Theft Charges in Texas: More Than Just a Shoplifting Ticket
When people hear the word “theft,” they often picture minor shoplifting or taking small items of little value. However, under Texas law, theft is a serious criminal offense with penalties that escalate dramatically based on the value of the property involved. What may seem like a simple mistake or misunderstanding can result in life-altering consequences, including jail time, massive fines, and a permanent criminal record that follows you for decades. At Barton & Associates, our experienced San Antonio theft defense attorneys understand the fear and uncertainty that comes with these charges. We are dedicated to protecting your rights, your freedom, and your future by building aggressive, strategic defenses tailored to the unique circumstances of your case.
Understanding Texas Theft Laws: The Critical Role of Property Value
In Texas, theft is legally defined under Texas Penal Code § 31.03 as unlawfully appropriating property with the intent to deprive the owner of that property. The severity of the charge and the potential penalties depend almost entirely on the value of the alleged stolen property, with the law creating a clear “ladder” of offenses.
Critical Factors Beyond Value:
- Type of Property: Stealing certain items, like firearms or livestock, automatically elevates the charge to a felony regardless of market value.
- Alleged Victim: Theft from an elderly person or from specific locations like a construction site can trigger enhanced penalties under Texas law.
- Prior Convictions: A history of theft-related offenses can lead prosecutors to pursue the maximum penalty.
Beyond the Courtroom: The Collateral Damage of a Theft Conviction
The legal penalties are only the beginning. A theft conviction creates a permanent criminal record that can derail your life in ways you may not anticipate:
- Employment: Most employers conduct background checks. A theft conviction, often viewed as a crime of dishonesty, can make you ineligible for jobs in retail, finance, education, healthcare, government, and many other fields.
- Professional Licensing: Licenses for nursing, law, real estate, security, cosmetology, and countless other professions can be denied or revoked.
- Housing: Landlords routinely reject applicants with criminal records.
- Education: College admissions and financial aid can be jeopardized.
- Immigration Status: For non-U.S. citizens, a theft conviction can lead to deportation, denial of naturalization, or being barred from re-entering the country.
- Personal Reputation: The social stigma can damage personal relationships and standing in your community.
Common Theft Scenarios We Defend in San Antonio and Central Texas
Theft charges arise from a wide variety of situations. Our attorneys have extensive experience defending clients against all types of allegations, including:
- Shoplifting/Petty Theft: Allegations of concealing merchandise, switching price tags, or “grazing” in a store.
- Employee Theft: Accusations of stealing cash, inventory, or proprietary information from an employer.
- Theft by Check or Credit Card: Using another person’s payment method without authorization or writing a check on a closed account.
- Theft of Services: Allegedly leaving a restaurant without paying, skipping out on a taxi fare, or avoiding payment for contracted work.
- Possession of Stolen Property: Being found with items allegedly known to be stolen, even if you did not personally take them.
A common thread in many cases is a lack of criminal intent. The prosecution must prove you intentionally meant to deprive the owner of their property. An experienced defense attorney can demonstrate that you acted under a misunderstanding, had a claim of right to the property, or made an honest mistake.
Our Strategic Defense Approach to Theft Charges
At Barton & Associates, we employ a comprehensive, multi-faceted defense strategy designed to achieve the best possible outcome. We begin by meticulously investigating every detail of your case.
Core Defense Strategies Include:
- Challenging the Element of Intent: This is often the most effective defense. We present evidence that you lacked the required intent to steal—perhaps you forgot to scan an item at self-checkout, believed you had permission to take the property, or accidentally walked out of a store with an item in your hand.
- Disputing the Alleged Value of Property: The charge level hinges on value. We aggressively challenge the prosecution’s valuation, often securing independent appraisals that can significantly lower the offense classification and potential penalties.
- Questioning the Evidence and Procedures: We scrutinize surveillance footage for clarity and context, challenge the legality of any search or seizure, and examine store security procedures for violations of your rights.
- Asserting Defenses of Mistake, Claim of Right, or Consent: You may have had a good-faith belief the property was yours, that you were entitled to it, or that the owner had given you permission.
- Negotiating for Pre-Trial Diversion or Deferred Adjudication: For many first-time offenders, we can negotiate alternatives to a trial and conviction. Programs like pre-trial diversion or deferred adjudication allow for the dismissal of charges upon successful completion of terms like community service or a theft prevention course, leaving no final conviction on your record.
The Critical First Steps to Take After a Theft Accusation
If you are under investigation or have been arrested for theft, your immediate actions are crucial. Protect yourself by following these steps:
- Invoke Your Right to Remain Silent. Do not try to explain yourself to store security, loss prevention officers, or police. Anything you say will be used against you. Politely state, “I wish to remain silent and I want to speak to an attorney.”
- Do Not Consent to Any Searches. You are not obligated to allow a search of your person, vehicle, or belongings without a warrant.
- Do Not Discuss Your Case With Anyone. Avoid talking about the incident with friends or family, and absolutely do not post anything about it on social media.
- Contact a Defense Attorney Immediately. The sooner our San Antonio theft defense lawyers are involved, the sooner we can begin protecting your rights, preserving evidence, and building your defense—potentially influencing the case before formal charges are even filed.
Why Barton & Associates is Your Strongest Advocate
Facing theft charges requires a law firm with specific expertise, resources, and a commitment to your future.
- Former Prosecutorial Insight: Our attorneys’ experience as prosecutors provides invaluable insight into how the state builds its cases, allowing us to anticipate their strategies and identify weaknesses from the start.
- Aggressive and Compassionate Representation: We fight relentlessly for your rights while providing the clear guidance and support you need during this stressful time. You will work directly with your attorney, not a case manager.
- Deep Local Courtroom Knowledge: Based in San Antonio, we have a proven track record in Travis, Williamson, Hays, and surrounding county courts. We know the local judges, prosecutors, and procedures, which is a significant advantage for your case.
- Focus on Protecting Your Record: Our ultimate goal is to protect your clean record. We explore every avenue to secure dismissals, acquittals, or alternative resolutions that prevent a permanent conviction.
Protect Your Future Today: Contact Our San Antonio Theft Defense Attorneys
A theft charge is a serious legal matter that will not simply go away. The consequences of inaction or a poorly handled defense can haunt you for the rest of your life. Do not risk your future by trying to navigate the complex criminal justice system alone.
Take the first step toward protecting your rights. Contact Barton & Associates today for a confidential and thorough case evaluation. We will listen to your story, explain your legal options in clear terms, and outline a proactive defense strategy designed to secure the best possible outcome.
Call us now at 210-500-0000 or complete our online contact form. Your defense starts here.
Main Category: Criminal Defense
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
