Theft, defined under Texas Penal Code § 31.03, involves unlawfully taking someone else’s property with the intent to permanently deprive the owner of that property. Texas also recognizes several forms of theft, some of which are more serious than others, depending on the amount allegedly stolen.
If you are currently facing a theft charge in Weatherford, Texas, you want a skilled team of attorneys in your corner advocating for you every step of the way. At Fulgham Hampton Criminal Defense Attorneys, we will examine the circumstances surrounding your theft charge and determine your eligibility for various legal defenses. We can also represent you aggressively during plea deal negotiations with state prosecutors – or at trial. Our team can help you make important decisions throughout your case and pursue the best possible result that’s available to you in your circumstances.
For a free case evaluation and legal consultation with a skilled Weatherford theft lawyer, please call us at (817) 877-5201 or contact us online today.
Why Should We Represent You?
The potential legal penalties and collateral consequences of a theft charge in Weatherford, Texas, can be severe. Therefore, you want a strong legal team advocating for you at every stage of the proceedings. In that regard, you should look no further than Fulgham Hampton Criminal Defense Attorneys.
Our team is made up of former criminal prosecutors, so we know how the State views various charges and cases. We also have a combined 85-plus years of experience and have 500 criminal jury trials under our belts in Texas. As leading Weatherford criminal defense attorneys, we have a strong track record of success when it comes to obtaining favorable trial results in court and securing favorable plea deals from state prosecutors for our clients.
You can view our most recent client testimonials and case results by clicking on the following links. Our office is conveniently located at 119 N. Main St., #220, Weatherford, TX 76086. Let us help you secure the best possible result in your theft case right away.
Important Legal Defenses to a Weatherford Theft Charge
When facing a theft charge in Weatherford, Texas, understanding the most important legal defenses can significantly affect the outcome of your case. Here are some key defenses that can be raised in response to such charges.
- Lack of Intent – One of the strongest defenses against a theft charge is proving a lack of intent to steal. If you can demonstrate that you did not have the intention to permanently deprive the owner of their property, you can avoid conviction. For example, if you took something believing it was abandoned or that you had permission to use it, this defense can be effective.
- Mistaken Identity – Another common defense is mistaken identity. If you can show that you were not the person who committed the theft, it may lead to a dismissal of the charges. This defense often relies on alibis or evidence proving you were elsewhere at the time of the incident.
- Consent – If you had permission from the owner to take the property in question, this fact can also serve as a strong defense. Demonstrating that the owner consented to the action undermines the prosecution’s claim that a theft occurred.
- Insufficient Evidence – The prosecution must prove their case beyond a reasonable doubt. If there is insufficient evidence to support the theft charge, you can argue for dismissal. This may include questioning the reliability of witness testimony or the absence of physical evidence connecting you to the crime.
- Duress or Coercion – If you were forced or threatened to commit the theft under duress, this can also be a valid defense. In such cases, showing that you acted out of fear for your safety may lead to a more favorable outcome.
In Weatherford, Texas, effectively defending against a theft charge requires a clear understanding of the applicable legal defenses. At Fulgham Hampton Criminal Defense Attorneys, we can navigate these defenses, ensuring that your rights are protected throughout the legal process.
Types of Theft Charges in Weatherford
In Weatherford, Texas, theft charges encompass a variety of offenses, each characterized by different circumstances and types of property involved. Some of the most common categories of theft charges in Texas include:
- Petty Theft – Petty theft, often referred to as shoplifting, involves the unlawful taking of property valued at less than $100. This charge frequently arises in retail environments, where individuals may steal small items such as clothing, cosmetics, or electronics.
- Theft by Check – Theft by check occurs when a person writes a check knowing they do not have sufficient funds to cover it. This type of theft charge can arise in various situations, such as when paying for goods or services. It can affect individuals who may unintentionally overdraw their accounts, as well as those who engage in fraudulent practices.
- Theft of Service – Theft of service involves obtaining services without paying for them. Common examples include leaving a restaurant without paying for a meal or using utilities without proper payment. This type of theft can occur in various settings, including restaurants, hotels, and other service-based industries.
- Burglary – While burglary is distinct from theft, it often involves theft-related activities. A burglary occurs when someone unlawfully enters a building or residence with the intent to commit a crime – typically a theft. This charge can arise in residential areas, commercial properties, or other locations where individuals unlawfully enter with the aim of stealing items.
- Organized Retail Theft – This charge involves multiple individuals working together to steal merchandise from retail stores. Organized retail theft often includes sophisticated schemes, such as shoplifting in groups or using distractions to facilitate the theft.
- Auto Theft – Auto theft refers to the unlawful taking of a vehicle. This type of theft charge can occur in various contexts, including stealing a parked car or using force to take a vehicle from its owner.
Potential Penalties Upon Conviction of a Weatherford Theft Charge
In Weatherford, Texas, being convicted of theft can lead to significant legal penalties that vary depending on the specific type of theft charge and the value of the property involved.
- Petty Theft – In Texas, this charge is classified as a Class C misdemeanor. A conviction can result in a fine of up to $500. Although the penalties for petty theft are relatively minor compared to more serious offenses, a conviction can still lead to a criminal record, which may have long-term implications.
- Theft by Check – Theft is generally classified as a Class B misdemeanor, which can result in a fine of up to $2,000 and a possible jail sentence of up to 180 days. The severity of the penalty can increase if the amount of the check is significant or if the individual has prior convictions.
- Theft of Service – When someone obtains services without paying, it may lead to theft of service charges. This offense is usually classified as a Class C misdemeanor, similar to petty theft. While the penalties may involve fines, the specific consequences depend on the circumstances surrounding the incident.
- Burglary – Burglary, while technically different from theft, often results in theft-related charges. Depending on the circumstances, burglary can be classified as a state jail felony, resulting in a possible sentence of 180 days to 2 years in jail, along with substantial fines.
- Organized Retail Theft – Organized retail theft is typically charged as a third-degree felony, which can lead to a sentence ranging from 2 to 10 years in prison and significant fines.
In Weatherford, Texas, the potential legal penalties for theft convictions vary widely based on the nature of the offense and the value of the property involved.
Potential Collateral Consequences Upon Conviction of a Weatherford Theft Charge
A theft conviction in Weatherford, Texas, can lead to several collateral consequences that extend beyond the legal penalties. These consequences can significantly affect an individual’s personal and professional life. Some of the most common consequences include:
- Employment Challenges – One of the most common collateral consequences of a theft conviction is difficulty finding employment. Many employers conduct criminal background checks, and a criminal record can make it challenging to secure a job – particularly in industries that require trust, such as finance, education, and healthcare. Even after serving a sentence, individuals may face biases from potential employers due to their criminal history.
- Housing Issues – A theft conviction can also affect housing opportunities. Many landlords perform background checks before renting properties. A criminal record may result in denied rental applications, making it harder for individuals to find stable housing. This can lead to financial strain and uncertainty in living situations.
- Professional Licensing – Certain professions require licensing or certification, such as teaching, nursing, or law enforcement. A theft conviction may hinder an individual’s ability to obtain or renew these licenses. Regulatory boards often evaluate criminal histories, and a theft charge can be seen as a red flag, potentially disqualifying an individual from pursuing their chosen career.
- Educational Opportunities – Individuals seeking higher education may also face challenges. Some colleges and universities conduct background checks as part of their admissions process. A theft conviction may affect a student’s chances of acceptance or eligibility for scholarships. Furthermore, some educational programs may have policies against admitting individuals with criminal records.
- Social Stigma – Beyond the practical implications, a theft conviction can carry a social stigma that affects personal relationships and community standing. Friends, family, and community members may view the individual differently, which can lead to feelings of isolation.
Pursuing a Plea Deal from the State Prosecutor in a Weatherford Theft Case Versus Taking the Case to Trial
When facing theft charges in Weatherford, Texas, accused individuals (defendants) often have to decide between pursuing a plea deal with the state prosecutor or taking their case to trial. Each option has its advantages and disadvantages, making it essential to weigh them carefully.
- Pursuing a Plea Deal – A plea deal involves negotiating an agreement with the prosecutor to plead guilty to a lesser charge or receive a reduced sentence. This option can offer several benefits. First, it typically results in a more predictable outcome, allowing defendants to avoid the uncertainty of a trial. Plea deals can also lead to lesser penalties, which can be crucial for those seeking to minimize the potential consequences of a theft conviction. Additionally, resolving the case through a plea can save time and legal expenses associated with a lengthy trial process.
However, accepting a plea deal means admitting guilt, which can have lasting implications, including a permanent criminal record. Defendants must consider whether the deal offered is truly in their best interest or if they may have a stronger case if they fight the charges in court.
- Taking the Case to Trial – Opting for a trial allows defendants to contest the charges and present their case before a judge or jury. This path can be beneficial if there are strong defenses available or if the evidence against the defendant is weak. A successful trial outcome may result in an acquittal, allowing the defendant to avoid a conviction altogether.
On the downside, trials can be unpredictable, and the defendant risks facing harsher penalties if convicted. The trial process can also be lengthy and costly, with no guarantee of a favorable outcome.
Steps to Take after Incurring a Theft Charge in Weatherford
After incurring a theft charge in Weatherford, Texas, taking the right steps is crucial to protecting your rights and building a solid defense. Here are the most important actions to consider:
- Do Not Speak with the Police – It’s essential to avoid speaking with law enforcement officers without legal representation. Anything you say can be used against you in court. Politely decline to answer questions and request an attorney before providing any statements.
- Retain Documentation – Collect and retain any relevant documentation related to the incident. This may include receipts, witness statements, photographs, or any communication regarding the charge. Having this information readily available will be valuable in building your defense.
- Speak with a Knowledgeable Weatherford Theft Attorney – At Fulgham Hampton Criminal Defense Attorneys, we can help you understand your rights, evaluate the specifics of your case, and provide guidance on the best course of action. As knowledgeable criminal defense attorneys, we can also negotiate on your behalf with the prosecutor and help you navigate the legal system effectively."
Contact an Experienced Weatherford Theft Lawyer Today
If you are currently facing a theft charge in Weatherford, Texas, the experienced legal team at Fulgham Hampton Criminal Defense Attorneys welcomes the opportunity to advocate for you. We can meet with you right away to discuss your charge and the circumstances of your arrest. We can then determine your legal options and set you on track to obtain the best possible result in your criminal case.
For a free case evaluation and legal consultation with a knowledgeable Weatherford theft attorney, please call us at (817) 877-5201 or contact us online.
Fulgham Hampton Criminal Defense Attorneys
Address: 119 N Main St #220,
Weatherford, TX 76086
Phone: 817-662-4049