Fort Worth Theft Defense Attorneys

Theft charges in Tarrant County are prosecuted by the Tarrant County District Attorney’s Office and heard in the courts at the Tim Curry Criminal Justice Center, 401 W. Belknap St, Fort Worth, TX 76196. 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 Tarrant 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.

Deandra Grant Law – Criminal & DWI Defense Helps Residents across Texas with Criminal Defense Matters – Including: Allen , Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, Granbury, Hood County, Johnson County, Lewisville, Little Elm, McKinney, Park Cities, Parker County, Plano, Princeton, Richardson, Rockwall, Rowlett, Royse City, Southlake, Sunnyvale, The Colony, Waco, and Weatherford.

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 Fort Worth 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 and 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.