Waco Theft Defense Attorneys

Defense Strategies in Waco 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.

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.

Why Deandra Grant Law for Waco Theft Defense

• Office in Waco.  30+ years in McLennan County courts. 500+ trials to verdict. The McLennan County Courthouse in Waco and the McLennan 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 McLennan County, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.