Facing theft charges in Dallas can devastate your future, affecting employment opportunities, education prospects, and personal reputation. Under Texas law, theft offenses carry serious criminal penalties, including jail time, substantial fines, and a permanent criminal record.
The experienced criminal defense attorneys at Law Offices of Richard C. McConathy understand the complexities of the Texas Penal Code and will fight aggressively to protect your rights.
With over 35 years of combined experience defending clients in Dallas County courts, our legal team has successfully dismissed hundreds of theft cases.
We know that one mistake shouldn’t define your future, and we’re here to help you go through this challenging time with compassionate, skilled legal representation.
Don’t face theft charges alone. Contact our Dallas theft lawyers today at 197-230-38867 for a free consultation.
Don't Wait – Call Our Dallas Theft Attorneys Immediately
⏳ Early intervention opens doors to diversion programs, charge reductions, or even dismissals that may disappear if deadlines pass. A fast response can prevent prosecutors from gaining an advantage.
Time is critical when facing theft charges in Dallas. Early intervention by our experienced defense attorney will mean the difference between a dismissed case and a permanent criminal record.
Texas law offers various diversion programs and plea negotiation opportunities, but these options often have strict deadlines and eligibility requirements.
The sooner we begin working on your case, the better we will:
- Prevent additional charges from being filed against you
- Protect you from self-incrimination during police questioning
- Preserve critical evidence that supports your defense
- Access pretrial diversion programs for first-time offenders
- Negotiate with prosecutors before formal charges are filed
Every day you wait is another day prosecutors build their case against you. Our Dallas theft defense attorneys are available 24/7 to provide immediate legal guidance and begin protecting your rights.
Call (972) 528-0478 now for your free consultation. We’ll review your case, explain your options, and start building your defense strategy immediately.
What Is Considered Theft Under Texas Law?
Under Texas Penal Code § 31.03, theft occurs when a person unlawfully appropriates property with the intent to deprive the owner of that property. This broad definition encompasses various scenarios, from shoplifting merchandise to stealing services.
The key elements prosecutors must prove include:
- Unlawful taking of another person’s property
- Intent to permanently deprive the owner of the property
- Knowledge that the taking was without the owner’s consent
- Control over the property, however briefly
Texas courts consider theft a crime of moral turpitude, meaning it directly impacts:
- Employment opportunities (background checks reveal theft convictions)
- Educational prospects (many schools deny admission for theft charges)
- Immigration status (theft convictions can trigger deportation)
- Professional licenses (theft convictions often result in license suspensions)
- Housing applications (landlords frequently reject applicants with theft records)
Knowing the severity of these collateral consequences is why immediate legal representation is essential for anyone facing theft accusations.
Types of Theft Offenses We Defend in Dallas
💡 Theft takes many forms, from petty shoplifting to complex embezzlement. Each requires tailored strategies, whether questioning surveillance footage, proving rightful possession, or highlighting mistaken identity.
Our Dallas theft attorneys defend clients against all types of theft charges throughout Dallas County. Each offense carries unique penalties and defense strategies:
Petty Theft / Shoplifting
Shoplifting represents the most common theft charge, involving the taking of retail merchandise without payment. Dallas retailers aggressively prosecute even minor shoplifting cases, often using advanced surveillance systems and loss prevention officers.
Common shoplifting scenarios include:
- Concealing merchandise in bags or clothing
- Switching price tags or removing security devices
- Walking past checkout areas without paying
- Under-ringing items at self-checkout stations
Many shoplifting cases involve misunderstandings about intent to pay, especially when customers become distracted by phone calls or other circumstances.
Larceny
Traditional larceny involves taking someone’s personal property without using force or threats. Common charges include:
- Taking items from unlocked vehicles
- Stealing packages from doorsteps
- Removing property from construction sites
- Taking personal belongings from workplaces
Theft of Services
This offense involves obtaining services through deception or without paying. Examples include:
- Dining and dashing from restaurants
- Stealing gasoline by driving away without paying
- Hotel fraud by providing false payment information
- Contractor fraud by accepting payment without performing work
Unauthorized Use of a Vehicle (Auto Theft)
Texas Penal Code § 31.07 covers situations where someone uses another’s vehicle without consent, even temporarily. This charge doesn’t require intent to permanently deprive the owner, making it easier for prosecutors to secure convictions.
Fraud & Credit Card Abuse
White-collar theft crimes involving deception or misrepresentation carry severe penalties and often trigger federal investigations. Our attorneys handle:
- Credit card fraud and identity theft
- Check fraud and forgery schemes
- Mortgage fraud and loan fraud
- Insurance fraud and embezzlement
Burglary & Robbery
While technically separate offenses, burglary and robbery charges often accompany theft cases. Burglary involves entering a building with the intent to commit theft, while robbery involves using force or threats during the theft.
Embezzlement / White Collar Theft
Embezzlement occurs when someone in a position of trust steals money or property. These cases often involve:
- Employee theft from employers
- Misappropriation of client funds by professionals
- Theft by corporate officers or executives
- Nonprofit organization fund theft
Hypothetical Scenario: An office manager discovers unusual accounting discrepancies and realizes someone has been systematically stealing from petty cash over several months. While the individual amounts seem small ($20-50), the total theft exceeds $2,500, elevating the case to a felony charge with potential state jail time.
Theft Penalties in Texas
Texas theft penalties depend primarily on the value of stolen property, with additional factors like victim characteristics and defendant criminal history affecting sentencing. Knowing these penalty ranges helps defendants appreciate the severity of their situation.
Offense Level | Property Value | Jail Time | Fine | Classification |
Class C | Under $100 | None | Up to $500 | Misdemeanor |
Class B | $100 – $749 | Up to 180 days | Up to $2,000 | Misdemeanor |
Class A | $750 – $2,499 | Up to 1 year | Up to $4,000 | Misdemeanor |
State Jail Felony | $2,500 – $29,999 | 180 days – 2 years | Up to $10,000 | Felony |
3rd Degree Felony | $30,000 – $149,999 | 2 – 10 years | Up to $10,000 | Felony |
2nd Degree Felony | $150,000 – $299,999 | 2 – 20 years | Up to $10,000 | Felony |
1st Degree Felony | $300,000+ | 5 – 99 years | Up to $10,000 | Felony |
Aggravating Factors That Increase Penalties
Several circumstances can elevate theft charges regardless of property value:
- Elderly Victim Enhancement: Theft from someone 65+ automatically increases the charge by one level
- Weapon Enhancement: Using or displaying a weapon during theft can result in robbery charges
- Prior Convictions: Multiple theft convictions trigger habitual offender penalties
- Government Property: Stealing from government entities carries enhanced penalties
Real Case Result: Our criminal case victories include dismissals in Dallas County cases M15-21698 and M13-12711, where theft charges were either dismissed outright or reduced to non-theft offenses.
Our Dallas theft defense lawyers are available around the clock. Contact us today to start building your defense.
Civil Penalties for Theft (Texas Theft Liability Act)
Beyond criminal penalties, theft defendants face significant civil liability under Texas Civil Practice & Remedies Code § 134.005. This law allows theft victims to recover:
- Actual Damages: Full value of stolen or damaged property
- Additional Damages: Up to $1,000 in addition to actual damages
- Attorney Fees: Reasonable legal costs incurred by the victim
- Court Costs: Filing fees and other litigation expenses
Retail Civil Demand Letters
Major retailers like Walmart, Target, and Best Buy routinely send civil demand letters to shoplifting suspects, demanding payments ranging from $200-$500 regardless of the merchandise value. These letters often arrive before criminal charges are filed.
⚠️ Paying civil demands doesn’t prevent criminal prosecution and may be used as evidence of guilt. Never respond to civil demand letters without consulting our experienced theft defense attorney.
Defenses Against Theft Charges
Successful theft defense requires analyzing every aspect of the alleged offense and identifying weaknesses in the prosecution’s case. Our Dallas theft attorneys employ proven defense strategies:
Lack of Intent
Intent is a critical element prosecutors must prove beyond a reasonable doubt. We challenge intent by demonstrating:
- The client planned to pay for merchandise, but was distracted
- Confusion about ownership or permission to use property
- Mental health issues affecting decision-making capacity
- Mistaken belief about payment arrangements
Mistaken Identity
In busy retail environments or complex financial crimes, wrongful prosecutions occur more frequently than expected. We challenge identity through:
- Surveillance analysis: Demonstrating video quality doesn’t conclusively identify our client
- Witness credibility: Challenging eyewitness reliability and memory accuracy
- Physical evidence: Requiring DNA or fingerprint analysis when available
- Alibi evidence: Providing cell phone records or other proof client was elsewhere
Ownership or Rightful Possession
Many theft cases involve ownership disputes where clients reasonably believed they had rights to the property. We establish rightful possession by:
- Documenting previous purchases or gifts
- Proving co-ownership arrangements
- Demonstrating implied or express permission
- Showing good faith belief in ownership rights
Insufficient Evidence
Prosecutors bear the burden of proving guilt beyond a reasonable doubt. We challenge insufficient evidence by:
- Highlighting gaps in witness testimony
- Questioning surveillance footage quality and chain of custody
- Challenging police investigation procedures
- Demonstrating reasonable explanations for the client’s actions
Entrapment
Government agents occasionally engage in overly aggressive tactics that constitute entrapment. We raise entrapment defenses when:
- Police informants initiated or encouraged the theft
- Government agents provided unusual opportunities for theft
- The client had no predisposition to commit theft before government involvement
- Law enforcement conduct was outrageous or unreasonable
Hypothetical Scenario: A client takes medication from a pharmacy during a medical emergency, believing their insurance would cover the cost. While the pharmacy claims theft occurred, we demonstrate the client’s good faith belief about payment coverage and medical necessity, resulting in a charge reduction to a non-theft offense.
How Our Dallas Theft Attorneys Can Help
The experienced criminal defense team at Law Offices of Richard C. McConathy provides comprehensive legal representation for theft cases throughout Dallas County. Our proven approach combines aggressive advocacy with strategic thinking.
Protect Against Self-Incrimination
Most theft defendants make statements to police that damage their cases. We immediately advise clients about their Fifth Amendment rights and handle all law enforcement communications.
Critical Timing
Contact us before speaking to police, store security, or investigators. Anything you say can be used as evidence, even seemingly innocent explanations.
Our attorneys conduct thorough case reviews examining:
- Police reports and incident documentation
- Surveillance footage and witness statements
- Physical evidence and chain of custody
- Constitutional violations or procedural errors
💼 Immediate protection against self-incrimination, thorough case investigation, and strategic negotiations with prosecutors often shift outcomes from guilty pleas to dismissals or reduced charges.
With established relationships throughout Dallas County, our attorneys negotiate effectively with district attorneys to secure:
- Complete charge dismissals
- Reduction to non-theft offenses
- Pretrial diversion programs
- Deferred adjudication
- Favorable plea agreements
Dallas County offers several pretrial intervention programs that allow qualified defendants to avoid conviction through:
- Community service requirements
- Theft education classes
- Restitution payments
- Supervised probation
Even after resolving theft charges, criminal records continue to affect employment, housing, and educational opportunities. Our attorneys help clients clear their criminal records through:
- Expungement for dismissed charges
- Orders of nondisclosure for deferred adjudication cases
- Record sealing under new Texas laws
Our goal is to keep you out of jail and protect your future. Call (972) 528-0478 today to discuss how we can help defend your theft case.
Knowing the local legal landscape and available resources can be vital for theft defendants in Dallas County. Here are important local entities and resources:
Why Choose Our Dallas Theft Defense Lawyers?
Richard C. McConathy and his team have practiced exclusively in Dallas County for over two decades, developing invaluable relationships with judges, prosecutors, and court personnel. This local knowledge provides significant advantages through:
- Knowing judge preferences and sentencing patterns
- Knowledge of prosecutor negotiation styles
- Familiarity with court procedures and timing
- Established credibility with legal professionals
Our theft defense results include:
- 300+ dismissals and not guilty verdicts in criminal cases
- Successful negotiations reduced felony charges to misdemeanors
- Numerous expungements help clients clear their records
- Zero client complaints with the State Bar of Texas
- Consistent positive reviews from satisfied clients
No two theft cases are identical. Our attorneys develop customized defense strategies by:
- Conducting detailed client interviews
- Investigating all possible defenses and mitigation factors
- Adapting trial strategies based on specific case assignments
- Providing regular updates while involving clients in strategic decisions
We understand that facing criminal charges is terrifying, especially for first-time offenders. Our approach combines:
- Empathetic communication with stressed clients
- Aggressive representation protecting client rights
- Personal attention with direct attorney access
- Results-focused strategy prioritizing outcomes that protect clients’ futures
Three generations of McConathy attorneys have served Dallas County with distinction.
Contact Our Dallas Theft Defense Attorneys Today
Don’t let theft charges derail your future. The experienced criminal defense attorneys at Law Offices of Richard C. McConathy have successfully defended thousands of clients throughout Dallas County, securing dismissals, reductions, and favorable outcomes even in complex cases.
Time is critical. Every day you wait allows prosecutors to strengthen their case while defense opportunities disappear. Whether you’re facing shoplifting accusations, embezzlement charges, or any other property crime offense, we’re here to protect your rights and fight for your future.
- Evidence preservation deadlines approach quickly
- Pretrial diversion programs have strict eligibility windows
- Employment protection requires immediate action
- Educational opportunities may be lost without a quick resolution
- Housing applications become complicated with pending charges
⚠️ Every day you wait strengthens the prosecutor’s case and closes doors to favorable outcomes. Immediate consultation secures both strategy and protection for your future.
Our Dallas theft attorneys offer completely confidential consultations at no cost, where we’ll:
- Review your case facts and circumstances
- Explain potential penalties and consequences
- Discuss available defense strategies
- Answer all questions about the legal process
- Provide an honest assessment of likely outcomes
- Call 197-230-38867 – available 24/7
- Complete our online contact form for an immediate response
- Email us directly with your questions
- Visit our Dallas office for an in-person consultation
Don’t face theft charges alone. With over 35 years of combined experience and hundreds of successful outcomes, Law Offices of Richard C. McConathy is ready to fight for your freedom and future. Contact us today, and let’s start building your defense strategy immediately.
Local Dallas Resources for Theft Defendants
Dallas County Criminal Courts handle all theft prosecutions in the area. The main courthouse is located at the Crowley Courts Building, 133 N. Riverfront Blvd, Dallas, TX 75207. Knowing which court your case is assigned to helps with scheduling and procedural requirements.
The Dallas County District Attorney’s Office prosecutes all felony theft cases and some misdemeanor cases. Their policies on plea negotiations and diversion programs directly impact case outcomes.
Dallas County Community Supervision and Corrections Department administers probation and pretrial diversion programs. Located at 2600 Lone Star Drive, Dallas, TX 75212, they oversee many alternative sentencing options that can help first-time offenders avoid conviction.
Dallas County Pretrial Services evaluates defendants for release and supervises those released on bond. Their recommendations often influence bail decisions and pretrial detention.
Legal Aid of Northwest Texas provides free legal assistance to qualified low-income individuals facing criminal charges. While they have limited criminal defense capacity, they can provide valuable guidance on expungement and record clearing.
Dallas Bar Association Criminal Law Section maintains resources for finding qualified criminal defense attorneys and knowing local court procedures.
Several Dallas area municipalities handle Class C theft cases (under $100 value):
- Dallas Municipal Courts – 2014 Main Street, Dallas, TX 75201
- Plano Municipal Court – 1520 K Avenue, Plano, TX 75074
- Richardson Municipal Court – 411 W. Arapaho Road, Richardson, TX 75080
- Irving Municipal Court – 305 N. O’Connor Road, Irving, TX 75060
Knowing which court has jurisdiction over your case is essential for proper legal representation and court appearances.
Frequently Asked Questions About Theft Charges in Dallas
Do I need a lawyer for shoplifting charges in Dallas?
Absolutely. Even minor shoplifting charges can result in permanent criminal records that affect employment, education, and housing for decades. Our experienced Dallas theft attorney will often negotiate dismissals or reductions that protect your future, especially for first-time offenders.
Many people mistakenly believe paying fines or accepting deferred adjudication will make the problem disappear. However, most theft charges remain visible on background checks even after completing probation successfully.
Can theft charges be dropped in Texas?
Yes, theft charges can be dismissed or reduced through various methods:
- Insufficient evidence to prove guilt beyond reasonable doubt
- Constitutional violations during arrest or investigation
- Pretrial diversion programs for eligible defendants
- Witness credibility issues that weaken the prosecution’s case
- Prosecutorial discretion in cases with minimal harm
We’ve successfully secured dismissals in hundreds of theft cases by identifying weaknesses in the state’s evidence and negotiating with prosecutors.
What is the difference between theft and robbery in Texas?
Theft involves taking property without the owner’s consent, while robbery involves using force or threats to take property. Key distinctions include:
Theft | Robbery |
No force or threats were used | Force or intimidation required |
Can be committed secretly | Typically involves confrontation |
Penalties based on property value | Always a felony offense |
The victim may not be present | The victim must be present |
Robbery carries much harsher penalties, with even simple robbery being a second-degree felony punishable by 2-20 years in prison.
Will a theft conviction stay on my record forever?
Not necessarily. Texas law provides several options for clearing criminal records:
- Expungement: Complete removal of arrest and charge records (available for dismissed or acquitted cases)
- Nondisclosure Orders: Sealing records from public view (available for certain deferred adjudication cases)
- New Sealing Laws: Recent legislation expanded record sealing eligibility
However, prevention is better than correction. It’s much easier to avoid conviction initially than to clear records afterward.
Can I get a theft charge expunged in Texas?
Expungement eligibility depends on case outcome:
Eligible for Expungement:
- Charges dismissed before trial
- Acquittal after trial
- Successful completion of certain pretrial programs
- Charges dropped due to identity theft
Not Eligible for Expungement:
- Guilty pleas or convictions
- Deferred adjudication (may qualify for nondisclosure instead)
- Cases resulting in community supervision
Timing matters significantly for expungement applications. Contact us immediately after case resolution to begin the expungement process.