Arlington Theft Lawyer

In Arlington, Texas, theft means unlawfully taking someone else’s property with the specific intent of permanently depriving the owner of that property. Theft encompasses shoplifting, burglary, and grand theft, depending on the value of the allegedly stolen property. The law classifies it as either a misdemeanor or felony, with penalties varying based on the severity of the offense.

If you are currently facing a theft charge, the skilled Arlington theft lawyers at Fulgham Hampton Criminal Defense Attorneys can help. We will immediately investigate the circumstances of your charge, determine your legal options, and pursue the best possible case result on your behalf.

For a free case evaluation and legal consultation with a skilled Arlington theft lawyer, please call us at (817) 877-3030 or contact us online today.

Schedule a Free Consultation

Why Should Our Arlington Theft Lawyers Represent You?

If you face a theft charge in Arlington, Texas, you want a strong team of Arlington Criminal Defense Attorneys representing you throughout every stage of the proceedings.

At Fulgham Hampton Criminal Defense Attorneys, many of our lawyers are former prosecutors, so we know how the State of Texas approaches cases that involve theft charges. We also have a combined 85-plus years of experience handling criminal cases, and we have a strong track record of success, both with securing favorable plea deals and favorable results in court.

Important Legal Defenses to an Arlington Theft Charge

If you are facing a theft charge in Arlington, Texas, it’s essential to understand the legal defenses that may be available to you. These defenses can protect your rights and lead to a favorable outcome in your case.

Some of the most common defenses to a theft charge include:

• Lack of Intent – For a theft charge to lead to a conviction, the prosecution must prove that you intended to permanently deprive the owner of their property. If you can show that you did not have this intent – perhaps because you mistakenly took someone else’s property or believed that it was abandoned – you may have a valid legal defense.
• Claim of Right – The claim-of-right defense applies if you genuinely believed that you had the right to take the property in question. For example, if you borrowed something with the owner’s permission but forgot to return it, you may argue that you did not intend to steal. This defense hinges on your belief that you owned or had the right to possess the property.
• Mistaken Identity – If someone wrongly accuses you of theft, the defense of mistaken identity may apply. This defense focuses on proving that you were not the person who committed the crime. Eyewitness misidentification is common, and if you can provide an alibi or evidence showing that you were elsewhere when the theft occurred, you can mount a powerful defense.
• Lack of Evidence – The prosecution must provide sufficient evidence to prove your guilt beyond a reasonable doubt. You can challenge the prosecution's case if they present weak or circumstantial evidence against you. This may include questioning the credibility of witnesses or highlighting inconsistencies in their statements.
• Entrapment – Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If you can demonstrate that law enforcement officers coerced or manipulated you into committing the theft, you may present a valid entrapment defense.
• Consent – If the property owner consented to the taking of their property, this defense may apply. For example, if you had permission to use or borrow the item in question, the law would not consider it theft.

Types of Theft Charges in Arlington

In Arlington, Texas, theft charges can include:

• Petty Theft – Petty theft, also known as misdemeanor theft, involves the unlawful taking of property valued below a certain monetary threshold – typically $100 in Texas. This category often includes shoplifting small items from retail establishments, like electronics, cosmetics, or clothing.
• Robbery – Robbery involves the use of force, intimidation, or threats to take property from another person. Unlike theft, which may occur without the victim’s awareness, robbery typically involves direct confrontation with the victim. This category can escalate the severity of the charges – particularly if an alleged perpetrator uses weapons. 
• Grand Theft – Grand theft – or felony theft – occurs when the value of the stolen property is greater than $100. This category can involve taking more valuable items, such as vehicles, jewelry, or significant amounts of money. 
• Burglary – Burglary charges arise when an individual unlawfully enters a building or structure with the intent to commit theft or another crime inside. This category may include residential burglaries, commercial burglaries, or breaking into vehicles. The intent to commit theft at the time of entry forms a key element of this charge.
• Theft by Check or Credit Card – This category encompasses the use of a stolen or forged check or credit card to unlawfully obtain services or goods. 
• Shoplifting – Shoplifting is a specific form of theft that occurs when an individual takes merchandise from a retail establishment without paying for it. This category can include various tactics, such as concealing items in clothing or bags. Store policies often involve security measures that may lead to immediate apprehension by store personnel.
• Theft of Services – Theft of services occurs when an individual unlawfully obtains services without payment. This can include situations like skipping out on a restaurant bill or using utilities without proper authorization.

Potential Penalties Upon Conviction of a Theft Charge in Arlington 

A theft offense in Arlington, Texas, can bring significant legal penalties based on the value of the allegedly stolen property, the nature of the alleged theft, and any prior criminal history.

• Misdemeanor Theft – Theft involving property valued at less than $100 is generally classified as a Class C misdemeanor. Penalties for this type of theft typically include a fine of up to $500. While it does not result in jail time, a misdemeanor can still appear on your criminal record, which may affect future employment and other opportunities.
• Petty Theft – If the value of the allegedly stolen property ranges from $100 to $750, it is categorized as a Class B misdemeanor. Penalties for a Class B misdemeanor can include up to 180 days in jail and/or a fine of up to $2,000. This level of offense can have more serious repercussions, including potential incarceration.
• Felony Theft – Theft charges escalate significantly if the value of the allegedly stolen property exceeds $750. Theft of property valued between $750 and $2,500 is classified as a state jail felony. This can result in 180 days to two years in state jail and a fine of up to $10,000. If the property is worth more than $2,500 but less than $30,000, the charge is a third-degree felony, which carries a potential prison sentence of 2 to 10 years and a fine of up to $10,000.
• Higher-Level Felonies – Theft of property valued at $30,000 or more can lead to second-degree felony charges, resulting in 2 to 20 years in prison and fines of up to $10,000. In cases involving theft of a firearm, a first-degree felony charge may apply, which can lead to 5 to 99 years in prison.
• Civil Penalties – In addition to criminal penalties, alleged victims of theft may pursue civil claims, seeking compensation for damages or losses. This can result in financial liability beyond any criminal fines or fees.

Potential Collateral Consequences Upon Conviction of an Arlington Theft Charge

In Arlington, Texas, facing a theft charge can lead to collateral consequences beyond the immediate legal penalties.

These repercussions can significantly affect different aspects of a person’s life, often long after the criminal case resolves and you face the penalties.

• Employment Opportunities – A theft conviction can severely limit job prospects. Many employers conduct background checks, and a criminal record can present a red flag. Even if you qualify for a position, employers may hesitate to hire someone with a theft charge due to concerns about trustworthiness and reliability. Some professions, particularly those in finance, security, or law enforcement, may bar individuals with theft convictions entirely.
• Housing Challenges – Securing housing can also become problematic after a theft conviction. Landlords often review potential tenants’ criminal histories. A record of theft may result in the denial of rental applications or increased security deposits, as landlords may view you as a higher risk for property damage or additional issues.
• Educational Limitations – A theft conviction can also affect your ability to obtain financial aid for college or vocational training. Many scholarship programs and federal student aid applications inquire about criminal history. If you have a theft conviction, it may limit your options for funding your education.
• Social Stigma – Beyond practical consequences, there is a social stigma associated with having a criminal record – particularly for theft. Friends, family, and community members may view you differently, leading to strained relationships and a loss of social standing. This stigma can affect your mental health and overall well-being.
• Professional Licensing – Certain professions require licenses that a theft conviction may affect. For example, those seeking careers in healthcare, finance, or law may face additional scrutiny or outright disqualification if they have a criminal record, limiting their career advancement opportunities.

Pursuing a Plea Deal from the Prosecutor in an Arlington Theft Case Versus Taking the Case to Trial

In Arlington, Texas, our lawyers can help you face the daunting experience of a theft charge and can help you decide whether to pursue a plea deal or take the case to trial.

Each option has its advantages and disadvantages, and understanding them can help you make the best choice for your situation.

• What is a Plea Deal – A plea deal – or plea bargain – is an agreement between the accused individual (the defendant) and the prosecution where the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding trial. You might consider this option when strong evidence against you makes a conviction likely if the case goes to trial.
• Benefits of a Plea Deal – One of the primary advantages of accepting a plea deal is the potential for a lighter sentence. For example, you may plead guilty to a lesser offense, which can lead to a misdemeanor charge instead of a felony. This may help you avoid severe penalties, such as significant jail time or hefty fines. Additionally, a plea deal can expedite the legal process, allowing you to resolve the case more quickly and move on with your life.
• Certainty and Control – Taking a plea deal also provides a degree of certainty that a trial cannot. You may risk harsher penalties if the court finds you guilty. By accepting a plea deal, you have a clearer understanding of the outcome, which can reduce your anxiety and uncertainty.
• Disadvantages of a Plea Deal – However, accepting a plea deal means you must admit guilt, which can have long-term effects on your criminal record and personal reputation. Moreover, if you were to win at trial, you may expunge or seal the record.
• Weighing Your Options – Ultimately, you must decide to pursue a plea deal or go to trial after careful consideration and consultation with an experienced criminal defense attorney. At Fulgham Hampton Criminal Defense Attorneys, we can assess the evidence against you, discuss the strengths and weaknesses of your case, and help you determine the best course of action to achieve the most favorable outcome.

Most Important Steps to Take after a Theft Charge in Arlington

If you incur a theft charge in Arlington, Texas, to protect your rights and build a strong defense:

• Do Not Speak with the Police – One of the most crucial actions is to refrain from discussing the details of your case with the police. Anything you say the authorities can use against you in court, so exercise your right to remain silent until you have legal representation.
• Retain Important Documents – Gather and retain all relevant documents related to your case. This includes any notices of charges, police reports, and any evidence, such as receipts or photographs. 
• Contact a Knowledgeable Arlington Theft Attorney Right Away – At Fulgham Hampton Criminal Defense Attorneys, we can assess your case, explain your legal options, and guide you through the legal process. We will also explain the consequences and develop a strategy for your defense.

Speak to an Experienced Arlington Theft Lawyer Right Away 

If you are currently facing a theft charge in Arlington, Texas, the skilled legal team at Fulgham Hampton Criminal Defense Attorneys is ready to advocate for you. We can determine your eligibility for various legal defenses to your theft charge and will do everything possible to secure a favorable result in your case.

For a free case evaluation and legal consultation with a knowledgeable Arlington theft attorney, please call us at (817) 877-3030 or contact us online.

Schedule a Free Consultation