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Denton Theft Defense Attorneys
Theft charges in Denton County are prosecuted by the Denton County District Attorney’s Office and heard in the courts at the Denton County Courts Building, 1450 E. McKinney St, Denton, TX 76209. The charge level and penalty range are determined almost entirely by the value of the property alleged to have been stolen. Texas significantly updated those value thresholds in 2016, raising them across the board. Many penalty descriptions published online still reflect the pre-2016 numbers, which are wrong.
Deandra Grant Law has defended theft charges in Denton County for more than 30 years. The intent element, the value evidence, and the lawfulness of the search are where these cases are defended. Every theft case begins with a rigorous examination of what the prosecution can actually prove and how the evidence was obtained.
Texas Theft Penalty Structure — Current Law (Post-HB 1396, Effective January 1, 2016)
Texas Penal Code §31.03 defines theft and establishes the value-based penalty ladder. The following thresholds have been in effect since January 1, 2016:
- Less than $100: Class C misdemeanor — fine only, up to $500. No jail time.
- $100 to less than $750: Class B misdemeanor — up to 180 days in county jail, fine up to $2,000.
- $750 to less than $2,500: Class A misdemeanor — up to 1 year in county jail, fine up to $4,000.
- $2,500 to less than $30,000: State jail felony — 180 days to 2 years in state jail, fine up to $10,000.
- $30,000 to less than $150,000: Third-degree felony — 2 to 10 years in TDCJ, fine up to $10,000.
- $150,000 to less than $300,000: Second-degree felony — 2 to 20 years in TDCJ, fine up to $10,000.
- $300,000 or more: First-degree felony — 5 to 99 years or life in TDCJ, fine up to $10,000.
Enhancements that can elevate the charge level regardless of value: theft from a person 65 years of age or older is enhanced one penalty level. Theft by a public servant from assets under their custody is also enhanced. Prior theft convictions can be aggregated with the current charge to reach a higher value threshold.
Defense Strategies in Denton County Theft Cases
The intent element. Theft requires proof that the defendant intended to deprive the owner of the property. Mistake (ex. genuinely forgetting to pay, accidentally walking out with merchandise, or misunderstanding the terms of a transaction) negates the intent element. A defendant who had a good-faith belief that they had a right to the property may have a claim of right defense. These are legitimate legal arguments, not admissions of wrongdoing.
The value evidence. The prosecution must prove the value of the property meets the threshold for the charged offense beyond a reasonable doubt. “Value” under Texas law is the fair market value at the time and place of the offense — not necessarily the retail price. For damaged or used goods, the replacement value may be lower than what the prosecution claims. The value calculation is a factual issue subject to challenge.
Consent and authorization. Appropriation is not unlawful if the owner consented or if the defendant reasonably believed the owner consented. In employee theft cases involving ambiguous authorization, the consent defense is frequently raised.
Article 38.23. Texas’s exclusionary rule carries no good faith exception. In theft cases involving warrantless searches of vehicles, bags, or persons, evidence obtained through an unlawful search is suppressible. Without the physical evidence of the allegedly stolen property, the prosecution frequently cannot prove its case.
Digital and surveillance evidence. Theft cases increasingly involve surveillance footage, transaction records, and access logs. This evidence must be properly authenticated and provided in complete, unedited form. Douglas Huff’s digital forensics training covers the authentication, chain of custody, and technical evaluation of digital evidence at the data level.
Deferred Adjudication: Available for Theft
Deferred adjudication community supervision is available for most theft offenses. A defendant who successfully completes the conditions of deferred adjudication (typically a supervision period, fines, and restitution) receives a dismissal rather than a final conviction. The charge then becomes eligible for non-disclosure (sealing) in most circumstances. For first-time defendants, deferred adjudication is often the most important tool in minimizing the long-term consequences of a theft charge.
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Why Deandra Grant Law for Denton Theft Defense
- Office in Denton. 30+ years in Denton County courts. 500+ trials to verdict. The Denton County Courthouse and the Denton County DA’s office are familiar ground.
- Article 38.23 — no good faith exception. Every theft case begins with the lawfulness of the search or seizure that produced the evidence.
- Digital forensics training — Douglas Huff. Surveillance footage, digital transaction records, and access logs evaluated at the technical level.
- 17 published law books. Including A First Offender’s Guide to Texas Criminal Courts
- Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.
If you are facing theft charges in Denton County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.
Frequently Asked Questions about Theft Charges in Denton, TX
At Deandra Grant Law – Criminal & DWI Defense, we understand that being arrested for theft can be a distressing and confusing experience. To help you better understand your situation and what to expect, we’ve compiled some frequently asked questions about theft charges in Denton, TX, along with our expert answers:
What constitutes theft in Denton, TX?
Theft, also known as larceny, refers to the unlawful taking and carrying away of someone else’s property without their consent, with the intent to permanently deprive the owner of its possession. Theft can involve tangible items, such as money or personal belongings, or intangible assets, such as intellectual property.
What are the potential consequences of a theft conviction?
The penalties for theft in Denton, TX, vary depending on the value of the stolen property and the circumstances of the offense. Convictions for theft can result in fines, restitution, probation, community service, and even jail time. Additionally, a theft conviction can have long-lasting consequences, affecting your employment prospects and reputation.
Can a theft charge be expunged from my record?
In some cases, individuals with a theft conviction may be eligible to have their record expunged or sealed, effectively erasing the offense from public view. However, eligibility for expungement depends on various factors, such as the severity of the offense and whether the individual has committed any subsequent crimes.
How can a theft defense attorney help my case?
A skilled theft defense attorney can make a significant difference in the outcome of your case. They will thoroughly investigate the circumstances surrounding your arrest, challenge the evidence presented by the prosecution, and work to negotiate a favorable plea agreement or defend your innocence in court.
Is it possible to have theft charges dismissed?
Yes, in some cases, theft charges may be dismissed if there is insufficient evidence to support the accusation or if constitutional rights were violated during the investigation or arrest. An experienced theft defense attorney can identify weaknesses in the prosecution’s case and advocate for the charges to be dropped.
Should I talk to the police without an attorney present?
It is essential to exercise your right to remain silent and refrain from speaking to the police without an attorney present. Anything you say can be used against you in court, and speaking without legal counsel may inadvertently harm your defense.
How much will it cost to hire a theft defense attorney?
The cost of legal representation varies depending on the complexity of the case and the attorney’s experience. At Deandra Grant Law – Criminal & DWI Defense, we offer free consultations to discuss the specifics of your case and provide transparent information about our fees.
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“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
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(214) 225-7117
Experienced DWI Defense