San Antonio Theft Defense Attorneys

Theft & Shoplifting Defense Lawyers in South Central Texas

Have you been accused of stealing? Theft allegations like shoplifting can cause embarrassment and anxiety, resulting in a Class C misdemeanor on your record. Other more serious theft crimes can be charged as elevated misdemeanors and even felonies. Penalties can vary from simple fines to prison sentences. Furthermore, because theft is considered a “crime of moral turpitude,” it can seriously impact your life. A simple background check by an employer, landlord, university, or other agency can lead to an embarrassing rejection of an opportunity that everyone else takes for granted.

If you have been charged, you need a competent San Antonio theft defense lawyer from Smith & Vinson Law Firm in your corner. We can assess the State’s evidence against you and fight to keep your record clean. In some instances, we can work towards a resolution of your case that does not include a conviction. You may be eligible for a diversion program or you may be able to avoid a conviction through restitution.

Contact our offices for a free consultation about your case. Call (210) 960-9557 today.

Types of Theft Crimes in Texas

Many types of theft crimes exist under Texas law. Generally, for a conviction to take place, the prosecution will have to prove two things. First, that you took the property with intent to steal it and then that you were found with the property in your possession.

Examples of theft crimes that we handle include:

• Shoplifting
• Passing bad checks
• Forgery
• Identity theft
• Credit card theft
• Car theft
• Buying or taking stolen property
• Embezzlement
• Fraud
• Ponzi schemes
• Burglary
• Robbery

Different elements of proof must be demonstrated in each of these crimes. In each case, the prosecution is burdened with proving these elements beyond a reasonable doubt. As always, you are innocent until proven guilty and our firm can formulate a strong defense based on a thorough investigation into the incident. At Smith & Vinson Law Firm, our attorneys fight hard to help you avoid a theft conviction that could be detrimental to your future.

Penalties for Theft Crimes in San Antonio

Penalties for theft crimes are based on the value of the property stolen:

• Less than $50 (or less than $20 by check) is charged as a Class C misdemeanor punishable by a fine of up to $500
• $50 to $499 (or $20 but less than $500 by check) is a Class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000
• $500 - $1,499 is a Class A misdemeanor punishable by up to one year in a county jail and a fine of up to $4,000
• $1,500 up to $20,000 is a state jail felony punishable by 180 days up to two years in a state jail and a fine of up to $10,000
• $20,000 up to $100,000 is a third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000
• $100,000 up to $200,000 is a second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000
• $200,000 or more is a first-degree felony punishable by five to 99 years in prison and a fine of up to $10,000

What to Do if You Are Accused of Shoplifting

If you have been arrested for shoplifting, you are probably feeling overwhelmed and anxious. If it is your first time being accused of a crime, you might have no idea what to do.

We recommend that you:

1. Always cooperate with security personnel. A store security person or loss prevention officer will likely confront you if they suspect shoplifting. Retailers often contact the police so trying to flee the scene or resisting arrest can lead to further criminal charges. Remain calm and do what is asked.
2. If the store’s employees try to question you, ask to have a witness present. The witness could be another employee or a manager. Write down everyone’s name and job title.
3. Do not sign any paperwork until you have read it carefully. This paperwork is often an incident report required by the retailer’s store policy. Never sign anything that has inaccurate or incomplete information.
4. Contact our law firm. The police will usually have been called before you leave the premises. In that case, you may have been arrested or given a citation with a court date. Call our offices for a free consultation to discuss your options. We are on call night and day, seven days a week.

It is important that you do not try to handle a shoplifting or theft charge by yourself. The majority of big retailers prosecute these offenses to the fullest extent of the law no matter the value of the property in question. They also will not back down from pressing charges should you return the property or try to pay restitution.

When you contact a criminal defense lawyer at Smith & Vinson Law Firm, we begin a detailed investigation into the matter. This includes interviewing witnesses, reviewing security camera footage, and evaluating reports.

Can Shoplifting Charges Be Reduced or Dismissed?

In Texas, shoplifting charges can potentially be reduced or dismissed under certain circumstances, especially with the help of an experienced theft defense attorney. The possibility of reducing or dismissing these charges often depends on factors such as the value of the stolen goods, the defendant’s criminal history, and the specifics of the case.

For first-time offenders or individuals charged with misdemeanor theft (theft of property valued under $2,500), there may be opportunities to negotiate a lesser charge or enter a diversion program. One option is deferred adjudication, which allows the accused to complete probation-like requirements, such as community service or theft prevention classes. Upon successful completion, the court may dismiss the charges, allowing the accused to avoid a criminal conviction. Pretrial diversion programs may also be available in some cases, providing another path for dismissal.

If dismissal is not possible, an attorney may work to reduce the charges. For example, felony theft charges could be reduced to misdemeanor theft, which carries less severe penalties. This reduction can have significant long-term effects on an individual’s life, as misdemeanors are viewed more leniently by employers, landlords, and other entities conducting background checks.

In some cases, defenses may lead to dismissal. These could include proving a lack of intent to steal (e.g., accidentally leaving the store with an unpaid item) or challenging the evidence, such as disputing the value of the items in question or the credibility of the store’s witnesses.

Each case is unique, and the best approach will depend on the facts and circumstances. Consulting with a San Antonio theft defense attorney can help individuals understand their options and pursue the best outcome for their case.

Defenses Against Theft Charges in San Antonio

Facing theft charges in San Antonio requires a strategic and informed defense strategy. San Antonio theft defense attorneys at Smith & Vinson Law Firm are adept at navigating the complexities of theft charges, employing various defenses based on the specifics of each case. Common defenses include:

• Lack of Intent: Arguing that the defendant did not have the intention to commit a theft, therefore negating a key element of theft charges.
• Mistake of Fact: Demonstrating that the accused person was under a genuine and reasonable belief that they had a right to the property in question.
• Duress: Showing that the defendant was forced to commit the act under threat of immediate harm to themselves or someone else.
• Consent: Proving that the property owner consented to the defendant taking the property, which can invalidate theft allegations.
• Return of Property: Although not a definitive defense against theft, returning the property can sometimes play a role in mitigating the situation, especially if the property was taken inadvertently.
• Insufficient Evidence: Challenging the prosecution's evidence as inadequate to meet the burden of proof required for a theft conviction.
• Misidentification: Arguing that the defendant was wrongly identified as the person who committed the theft.
• Entrapment: Claiming that law enforcement officers or others induced the defendant into committing a crime they would not have otherwise committed.
• Ownership or Right to Possession: Asserting that the defendant believed in good faith that they had a right to possess or own the property.

Every theft case presents unique circumstances, and a seasoned theft crimes lawyer can identify and execute the most compelling defense for their client.

How Theft Charges Can Impact Your Life

Theft crime charges can dramatically alter one's life, affecting employment opportunities, educational prospects, housing options, and social relationships. These charges, viewed as a reflection of character, can lead to stigmatization and discrimination in various aspects of life. Engaging a skilled theft crimes attorney from Smith & Vinson Law Firm can significantly mitigate these adverse effects.

Our attorneys understand the gravity of theft charges and work diligently to protect your rights and reputation. From negotiating for lesser charges or penalties to seeking alternative resolutions like diversion programs, our goal is to minimize the impact on your future. We provide comprehensive legal representation, leveraging our expertise to ensure the best possible outcome for our clients facing theft charges in San Antonio.

Let Our San Antonio Shoplifting Defense Law Firm Fight for You

Our San Antonio theft attorneys take your criminal charges seriously; we aggressively fight to protect your rights and to help you avoid penalties. Contacting our firm is an important first step when facing the Texas criminal justice system. Take advantage of our experience and commitment by calling us as soon as possible.

Contact us for a free initial consultation. Call (210) 960-9557 now.