Theft Attorney in McAllen, TX

Whether you are facing charges for shoplifting, grand larceny, or anything in between, it’s important that your rights are protected throughout the legal process. If you are convicted of theft charges, the penalties can be serious. No matter what your situation is, you deserve to have the help of a skilled advocate on your side.

You may be able to take action to protect your future and your best interests. As a Texas criminal defense attorney, I can help you address these charges and seek a fair resolution. My firm, The Law Office of Aaron Fonseca, is here to help you navigate this difficult time. I represent clients in and around Edinburg, Texas, including McAllen, Mission, and throughout the Rio Grande Valley.

Theft Charges

According to Texas law, a person has committed theft if they unlawfully appropriate property, or take it away, with the specific intent of depriving the owner of the property. Essentially, theft is when someone takes something that doesn’t belong to them and doesn’t give it back.

Theft can involve the taking of personal property, land, documents, or services. It can also involve embezzling money, receiving stolen property, stealing trade secrets, and stealing cargo.

Felony Theft vs. Misdemeanor Theft

Naturally, stealing a video game is different from stealing a car, and the consequences for each are very different. The first is a minor offense while the second is a major offense, and so they are categorized differently. Thefts in Texas are generally categorized as either misdemeanor theft or felony theft.

You could be charged with misdemeanor theft if you stole property or services that are worth less than $2,500. There are different classes of misdemeanor theft in Texas. Speak with a knowledgeable Texas criminal defense attorney to learn more.

Felony theft is the theft of any property or services that are worth more than $2,500. In Texas, there are different degrees of felony theft.

Shoplifting Charges

Shoplifting is one of the most common types of theft; however, that doesn’t mean that you shouldn’t take shoplifting charges seriously. A knowledgeable criminal defense attorney can help you advocate for your rights if you have been charged with shoplifting in Texas.

Removing merchandise from a store isn’t the only act that’s considered shoplifting. Changing a price tag, removing security tags, and removing an item from its packaging and hiding it on your person are all considered shoplifting. Most shoplifting charges are filed as petty theft misdemeanors; however, the more that the shoplifted items are worth, the more serious the charges may be.

Possible Penalties for Theft Charges

Because there are so many different types of theft, the penalties for theft charges vary widely. A conviction of a petty theft misdemeanor may result in restitution, a fine of up to $500, and no jail time. A grand theft felony charge, on the other hand, could result in a fine of $10,000 and up to 99 years in jail. Speak with an experienced criminal defense lawyer to learn more about the possible penalties for theft charges.

Common Theft Defenses

If you are facing theft charges, it’s important to know what kind of defense could be used on your behalf. One example of a common theft defense is the lack of intent to steal. For example, if a shopper did not realize that they put an item in their coat pocket until they took the coat off at home, then that shows a lack of intent to steal.

Similarly, if the person facing theft charges believed that the stolen property belonged to them, then they did not intend to steal it. In this situation, their claim to the right of the property could help their defense.

Another common defense is the alibi defense. It is the prosecution’s job to prove that the person charged with theft was actually there. If this can be cast into reasonable doubt, then the alibi may help the defendant’s case.