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As Seen On
Denton County Criminal Courts Guide
By Attorney Deandra Grant
If you’re facing a criminal charge in Denton County, understanding how the local courts work can make the process far less confusing. This guide explains where cases are heard, what each court handles, and what you can expect as your case moves through the system.
Read NowLewisville Theft Defense
Theft charges arising in Lewisville are prosecuted by the Denton County District Attorney’s Office and heard in the District Courts at the Denton County Courthouse, 1450 E. McKinney Street, Denton, TX 76209. Class C misdemeanor theft cases may be handled initially by the Lewisville Municipal Court, 1197 West Main Street, Lewisville, TX 75067. 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.
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.
- $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.
Lewisville DWI & Criminal Defense
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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 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.
Digital and surveillance evidence. Lewisville theft cases frequently involve surveillance footage from retail locations at Vista Ridge Mall and along TX-121 and FM 3040 corridors, as well as transaction records and access logs. Douglas Huff’s digital forensics training covers 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 Lewisville Theft Defense
- Denton County office. 30+ years in Denton County courts. 500+ trials to verdict statewide. 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.
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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.”