How Can I Defend Against Criminal Theft Charges in Texas?

 Posted on July 15, 2020 in Criminal Defense

Last month, looting took place across the nation after protests turned violent, including in Texas. In consideration of this recent uptick in theft, it is worth thinking about what you should do if accused of theft in Texas. In some cases, the penalties can be severe depending on the circumstances surrounding the incident. Below are some effective strategies you and your lawyer can use to challenge these criminal charges if you or someone you know is facing such charges.

Key Strategies for Winning a Theft Case

While there are many defense strategies that are unique to each theft case, here are some common and effective steps to fight these charges:

1. Disproving Intent—As with many criminal law issues, the intent is critical. If you are not aware that you are breaking the law, then are you really even breaking the law? Here are a few ways this might play out in the courtroom during a theft trial:

• If it can be proven that you were under the influence of alcohol or other substances that impair judgment or function, suggesting that you were unaware that you were stealing something at the time of the crime, then you might be safe from theft charges or, at the least, you might be able to have these charges reduced.

• If you have evidence supporting an argument that you genuinely believed the property being stolen was rightfully yours, then you might be protected from more severe consequences.

2. Slowing Things Down—When it comes to theft, the crime is often just minor enough to not get the full attention of the prosecution, causing the prosecutors to hurry to get things done. However, the same goes for the defense: Many defendants do not even consider getting a lawyer because they assume it is not worth the trouble for such a charge. Unfortunately, even the smallest of theft charges can dramatically—and adversely—affect your life. If you hire a defense attorney, you will be able to slow down the case and enable deeper study, which could open up the following possibilities:

• Exploiting vulnerabilities in the prosecution’s case, including insufficient evidence and unreliable testimony

• Proving that you had an alibi during the theft, showing that you would not have been able to commit the crime

• Exposing entrapment and other instances of law enforcement or related parties deceiving you into committing the crime, or unlawfully coercing you into a confession

• Striking a deal or settling the case before it escalates and ends up on your criminal record or, worse yet, sends you to jail

3. Doing the Right Thing—If none of these options are available to you, you might be able to get in good graces by returning the stolen goods or property to their rightful owner(s). This will probably not help you win the case, but it will almost certainly help you reduce the charges.

Contact a Collin County Criminal Defense Lawyer

With all of the above defense options available to you should you face theft charges, it is imperative to hire an experienced Frisco theft defense attorney who can help determine the best course of action. At the Law Offices of Biederman & Burleson P.L.L.C., we will carefully review the details of your case to advocate on your behalf and defend your rights, ultimately reducing or dismissing your charges altogether. Call us today at 469-333-3333 to schedule a free consultation.

Source:
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm