Legal Defenses Against Theft Charges: A Plano Attorney’s Insight

Being charged with theft can be a deeply unsettling experience. A criminal record can impact your life in countless ways—from your career opportunities to your social relationships. At The Fox Firm, founded by former Collin County prosecutor Sarah Fox, we believe that everyone deserves a strong legal defense. In this blog post, we’ll walk you through some common defenses against theft charges that can make a significant difference in your case. Common defenses to theft charges in Texas include consent, mistaken identity, lack of intent, ownership or right of possession, or exceeding the statute of limitations.

The Meaning of Theft

Before delving into the defenses, let’s quickly define what theft means under Texas law. Essentially, theft occurs when you intentionally take someone else’s property without their consent and with the intent to deprive them of it. The charges can range from petty theft to grand theft, depending on the value of the property stolen and other factors.

Consent

One of the most straightforward defenses against a theft charge is to prove that you had the owner’s consent to take the property. Consent negates the theft, since one of the essential elements of the crime is taking property “without consent.” However, it’s crucial to prove that the consent was freely given and not obtained through coercion or deception.

Mistaken Identity

Being in the wrong place at the wrong time can sometimes lead to accusations of theft. Security footage can often be grainy, and eyewitness accounts are not always reliable. If you can present an alibi or evidence to prove that you weren’t involved in the theft, this can be a strong defense.

Lack of Intent

Theft is a crime of intent. You must have intended to permanently deprive the owner of their property for it to be considered theft. For example, borrowing a friend’s book and forgetting to return it isn’t theft unless you intended to keep it permanently.

Ownership or Right of Possession

Sometimes you may be accused of stealing something you believe is rightfully yours. While this can be a gray area, showing evidence that you had a reasonable belief that you were the owner or had a right to the property can be a defense. This can be tricky, as the court will need compelling evidence to accept this defense.

Statute of Limitations

In Texas, the statute of limitations for theft crimes varies depending on the severity of the charge. If the charge was not filed within the legally defined period, the case would be dismissed.

What Next?

If you’re facing theft charges in Plano or anywhere in Collin County, don’t hesitate to reach out to The Fox Firm’s criminal law team specializing in theft. We can help you understand the common consequences of petty theft and guide you through the complexities of when theft becomes a felony in Texas.

Facing theft charges is a serious matter, but remember, you have rights and options. At The Fox Firm, our goal is to provide you with the robust defense you deserve. Contact us today to discuss your case.