Facing theft or shoplifting charges in Fort Worth can be overwhelming and frightening, especially when you consider the serious consequences that could impact your future employment, housing opportunities, and personal reputation.
Even seemingly minor shoplifting incidents can result in permanent criminal records that follow you for years. Richard C. McConathy and his experienced legal team have successfully defended thousands of theft cases throughout Tarrant County, securing dismissals, reductions, and not-guilty verdicts for clients facing these challenging situations.
Our criminal defense lawyer Fort Worth approach combines aggressive advocacy with personalized attention to protect your rights and future.
Contact our Fort Worth Theft Lawyer at (972) 528-0478 for a confidential consultation today.
Understanding Theft and Shoplifting Charges in Texas
Texas law defines theft under Texas Penal Code Section 31.03 as unlawfully appropriating property with the intent to deprive the owner of that property. This broad definition encompasses various forms of theft, including shoplifting, which specifically refers to taking merchandise from retail establishments without paying.
The key element prosecutors must prove is intent – they must demonstrate that you intentionally meant to steal the property rather than accidentally walking out with unpaid merchandise. Many people don’t realize that simply concealing an item in a store, even if you haven’t left the premises, can constitute shoplifting under Texas law.
Types of Theft Charges in Texas
- Shoplifting (Retail Theft): Taking merchandise from stores
- Theft by Check: Writing bad checks
- Identity Theft: Using another person’s identifying information
- Employee Theft: Stealing from your employer
- Theft of Service: Obtaining services without payment
The monetary value of the allegedly stolen property determines whether you’ll face misdemeanor or felony charges, with dramatically different consequences for each level.
Penalties for Theft in Fort Worth
Texas imposes increasingly severe penalties based on the value of the allegedly stolen property. Understanding these thresholds is crucial for anyone facing theft charges in Tarrant County.
Misdemeanor Theft
Class C Misdemeanor (Under $100)
- Fine up to $500
- No jail time
Class B Misdemeanor ($100 – $749.99)
- Up to 180 days in county jail
- Fine up to $2,000
Class A Misdemeanor ($750 – $2,499.99)
- Up to 1 year in county jail
- Fine up to $4,000
Felony Theft
State Jail Felony ($2,500 – $29,999.99)
- 180 days to 2 years in state jail
- Fine up to $10,000
Third-Degree Felony ($30,000 – $149,999.99)
- 2 to 10 years in prison
- Fine up to $10,000
Second-Degree Felony ($150,000 – $299,999.99)
- 2 to 20 years in prison
- Fine up to $10,000
Theft Enhancements
Certain circumstances can elevate theft charges regardless of the property value:
- Prior theft convictions can bump charges to the next level
- Using tools or devices like booster bags or deactivation devices
- Organized retail crime involving multiple people or locations
- Theft from elderly individuals (65 or older)
Even a first-time shoplifting offense involving items worth less than $100 could become a Class B misdemeanor if you used aluminum-lined bags or other theft devices.
Defenses to Theft and Shoplifting Charges
An experienced theft lawyer in Fort Worth can assess your case and develop the strongest possible defense strategy based on the specific circumstances of your arrest.
Common defense strategies include:
Lack of Intent to Steal Many shoplifting cases involve genuine mistakes or absent-mindedness. If you can demonstrate you had no intention of stealing, this provides a strong defense.
Mistaken Identity Retail security footage isn’t always clear, and witnesses can make identification errors. We thoroughly examine all evidence to challenge weak identifications.
False Accusation Unfortunately, some people face false theft accusations due to personal disputes, mistaken observations, or overzealous security personnel.
Illegal Search or Seizure If law enforcement violated your Fourth Amendment rights during the investigation or arrest, we can file motions to suppress illegally obtained evidence.
Consent from Property Owner In some cases, you may have had permission to take the property, which negates the theft charge entirely.
Why Hire a Fort Worth Theft Defense Attorney from McConathy Law
Local Court Experience: Our team has practiced in Tarrant County courts for over 35 years, building relationships with judges and prosecutors that benefit our clients through informed negotiations and strategic litigation.
Deep Knowledge of Texas Theft Laws: We stay current on evolving theft statutes and case law, ensuring your defense incorporates the latest legal developments and precedents.
Proven Case Results: Our firm has secured over 300 dismissals and not-guilty verdicts in criminal cases, including numerous theft and shoplifting matters throughout Tarrant County.
Personalized Defense Strategies: We don’t offer cookie-cutter plea deals. Instead, we analyze every aspect of your case to develop customized defense approaches that address your specific circumstances and goals.
24/7 Availability and Free Consultations: When you’re arrested for theft charges, time is critical. We provide round-the-clock availability and free initial consultations to start protecting your rights immediately.
What To Do If You’ve Been Accused of Theft or Shoplifting
Remain Silent and Request an Attorney Exercise your Fifth Amendment right to remain silent. Anything you say can be used against you, even explanations you believe help your case.
Do Not Sign Statements or Confessions Never sign any documents or admit guilt without legal representation present. These admissions can severely damage your defense options.
Call McConathy Law Immediately The sooner we begin working on your case, the better we can protect your interests and preserve crucial evidence.
📞 Call (972) 528-0478 for immediate assistance
The Fort Worth Arrest and Booking Process 🏛️
If arrested for theft in Fort Worth, you’ll typically be transported to the Tarrant County Corrections Center (100 N. Lamar Street, Fort Worth, TX 76196). The booking process takes 4-8 hours depending on jail capacity, and includes fingerprinting, mugshots, and property inventory.
You’ll receive one free phone call during booking – use this wisely to contact an experienced theft attorney rather than family members who cannot provide legal guidance.
📞 Jail Information Line: (817) 884-3116 to locate someone or check if bond has been set.
Bond Information and Court Appearances
Bonds can be posted 24 hours a day at the Bond Desk (100 N. Lamar Street), but you must first appear before a magistrate judge for bond setting, typically within 24-48 hours of arrest.
Typical Fort Worth Theft Bond Amounts:
- Class C Misdemeanor (under $100): $200 – $500
- Class B Misdemeanor ($100-$749): $500 – $2,500
- Class A Misdemeanor ($750-$2,499): $1,000 – $5,000
- State Jail Felony ($2,500+): $2,500 – $15,000
💡 Money-Saving Option: Tarrant County Pretrial Services (817-884-1465) offers personal bonds for qualifying defendants, potentially saving thousands in bondsman fees.
Navigating Your Arraignment at Tim Curry Criminal Justice Center
Your arraignment (first court appearance) will take place at the Tim Curry Criminal Justice Center (401 W. Belknap Street, Fort Worth, TX 76196). Theft cases are typically heard in County Criminal Courts 1-10 on floors 5-8 of the building.
⏰ Court Schedule: Most theft arraignments occur 8:00 AM – 11:00 AM daily. Arrive 30 minutes early for security screening, which resembles airport security procedures.
🚗 Parking Information: There is no free parking available in this vicinity. Plan for $8-12 daily parking in nearby lots or use SpotHero to reserve guaranteed parking spots in advance. Alternative: Tarrant County jurors may park for free at La Grave Field located off North Main at 301 N.E. 6th Street, Fort Worth, Texas. A shuttle bus will transport jurors from LaGrave Field to the Tim Curry Justice Center.
What to Expect: The judge will read the charges against you, inform you of your rights, and set conditions of release. This typically takes 5-10 minutes per case. Do not discuss your case details – simply enter a “not guilty” plea and request time to hire an attorney.
Local Court Insight: County Criminal Court No. 1 (5th floor) and County Criminal Court No. 6 (8th floor) frequently handle first-time theft cases and judges in these courts are generally receptive to plea negotiations for defendants with clean records.
Our comprehensive criminal defense practice extends beyond theft to related charges that often accompany or stem from similar circumstances:
Burglary
Unlawfully entering a building with intent to commit theft or another felony.
Robbery
Theft involving force or threat of force against another person.
Criminal Trespass
Unlawfully remaining on property, often charged alongside theft.
Organized Retail Theft
Coordinated theft schemes involving multiple people or locations.
Fraud or Forgery
White-collar crimes involving deception for financial gain.
Juvenile Shoplifting
Special procedures and protections for minors facing theft charges.
Fort Worth Municipal Court Resources 📋
For Class C misdemeanor theft cases (under $100), you may also interact with:
Fort Worth Municipal Court
Address: 1000 Throckmorton Street, Fort Worth, TX 76102
Phone: (817) 392-7800
Hours: Monday – Friday, 8:00 AM – 5:00 PM
Online Services: Fort Worth Municipal Court offers online case lookup and payment options for qualifying citations through their website at https://www.fortworthtexas.gov/Home
Understanding Your Court Documents
Common forms and documents in Fort Worth theft cases include:
- PR (Personal Recognizance) Bond Application – Request to be released without cash bond
- Motion for Discovery – Request to see prosecution evidence against you
- Pre-Trial Diversion Application – Program that can result in charge dismissal
- Expunction Petition – Request to seal criminal records after case resolution
Important: Never complete legal forms without attorney guidance. Incorrect paperwork can harm your case and limit future options.
How a Shoplifting Conviction Can Affect Your Future
Criminal Record and Background Checks Theft convictions appear on background checks indefinitely, potentially affecting employment, housing, and educational opportunities for years to come.
Employment and Housing Issues 🏠 Many employers and landlords automatically reject applicants with theft convictions, viewing them as indicators of dishonesty or poor judgment.
Immigration Consequences Non-citizens face potential deportation, inadmissibility, and other severe immigration consequences from theft convictions, particularly those involving moral turpitude.
Professional License Problems Many professional licenses require disclosure of criminal convictions, and theft charges can trigger disciplinary proceedings or license revocation.
| Conviction Level | Background Check Impact | Employment Effects | Professional Licenses |
|---|---|---|---|
| Class C Misdemeanor | Permanent record | Limited impact | May require disclosure |
| Class A Misdemeanor | Permanent record | Significant barriers | Likely disciplinary action |
| Felony | Permanent record | Severe limitations | Probable license loss |
Speak With a Fort Worth Theft Attorney Today
Don’t let theft or shoplifting charges derail your future. The criminal justice system moves quickly, and delayed action can limit your defense options and negotiating power. Richard C. McConathy and his team have the experience, knowledge, and dedication necessary to fight for the best possible outcome in your case.
Our proven track record includes securing dismissals in cases involving theft charges ranging from minor shoplifting to major felonies. We understand that good people sometimes find themselves in difficult situations, and we’re committed to protecting your rights and reputation throughout this challenging process.
Time is critical in theft cases – evidence can disappear, witnesses’ memories fade, and prosecution strategies solidify. The sooner we begin working on your defense, the better we can protect your interests.
📞 Call now for a confidential consultation: (972) 528-0478
🔗 Schedule your case review online
Your future is worth fighting for – let our experienced Fort Worth theft defense attorneys help you navigate this difficult situation and work toward the best possible resolution.
FAQs About Theft and Shoplifting in Fort Worth
Is shoplifting a felony in Texas?
Shoplifting becomes a felony when the value exceeds $2,500 or when certain enhancement factors apply. Most first-time shoplifting cases involving small amounts remain misdemeanors, but repeat offenses or aggravating circumstances can elevate charges.
What’s the punishment for first-time theft in Texas?
First-time theft punishment depends entirely on the property value. Items under $100 result in fines only, while items worth $750-$2,500 can mean up to one year in jail. However, many first-time offenders qualify for pre-trial diversion programs that avoid conviction entirely.
Can theft charges be dropped in Fort Worth?
Yes, theft charges can be dropped through various methods including dismissal motions, pre-trial diversion programs, lack of evidence, or successful negotiations with prosecutors. Our firm has achieved numerous dismissals in Tarrant County theft cases.
Will I go to jail for shoplifting under $100?
Shoplifting under $100 typically doesn’t involve jail time for first offenses, as it’s classified as a Class C misdemeanor. However, using theft tools or having prior convictions can elevate the charge and penalties.
Should I get a lawyer for shoplifting charges?
Absolutely. Even minor shoplifting charges create permanent criminal records that affect your future. An experienced attorney can often secure dismissals, reductions, or alternative sentencing that protects your record and reputation.