Dallas Theft Attorney
Theft is the dishonest taking of property belonging to another person with the intention of permanently depriving the owner of the property. Any kind of property can be stolen: money, all movable property (vehicles), documents of title to land, trees, fruits and vegetables, domestic animals, livestock, gold, precious stones and valuable minerals. From a punishment standpoint theft crimes vary in severity generally depending upon the value of the property allegedly stolen and a person’s criminal history. Under Texas law the possible punishment for theft can range anywhere from a simple fine up to life in prison. Likewise, federal theft laws and related statutes generally provide for graduated punishments based upon the value of the property allegedly stolen. Both Texas state and federal prosecutions also provide for restitution and stiff financial fines. Time in jail and/or prison, probation, and/or monetary fines for theft crime are only part of the real life-long detrimental impact that a theft conviction will inevitably wreak upon someone’s life. Collateral consequences of a theft conviction also include a severely damaged public reputation, limited education and employment opportunities, and long-term credit problems, which will ultimately severely limit housing opportunities.
Theft Crime Defense Strategies
Obviously there are many defensive strategies that can be utilized to successfully defend against any theft charge but to assist in the legal conceptualization of a defensive strategy at least three are worthy of discussion here: 1) the “I Didn’t Do It” Defense; 2) the “Honestly Mistaken” Defense; and 3) the “Use and Return” Defense. First, the “I Didn’t Do It” Defense while conceptually the most basic is often the most successful. Theft allegations can be varied, vague, and based primarily (if not exclusively) upon circumstantial evidence. For example, when a person pawns property that has previously been stolen that person will routinely be charged with the theft (or other theft-related offense). Where is the evidence that the person in the pawn shop is the same person that actually committed the theft? The idea is that just because you may be in possession of or have benefited from stolen property that does not necessarily mean that you stole it.
Secondly, because theft requires a “dishonest taking” many successful defenses revolve around the idea of being “Honestly Mistaken”. For example, if a person takes property belonging to another person in the mistaken belief that it is his, there is no criminal theft present because the taking was not dishonest.
Finally, because “criminal theft” requires an intent to “permanently deprive” the owner of their property, fertile grounds for defending theft and theft-related charges can be found surrounding the idea of “Use and Return”. For example, if a person takes away property belonging to another person with the intention of using it for a particular purpose and then returning it, there is no criminal theft present because their intention was not to deprive the owner permanently of it. While the examples used to illustrate these three defensive strategies are rudimentary, they adequately conceptualize the basic ideas behind the three defensive strategies discussed above. The facts in most theft and theft-related charges are typically much more diverse and complex. That is why the Dallas theft attorneys at the Law Offices of Roderick C. White thoroughly investigate each case with the goal of understanding how to successfully apply a defensive strategy to every case.
Contact a Dallas Criminal Defense Lawyer
Whether you or a loved one are under investigation for a theft crime, or are actually charged with a theft crime, an attorney who will aggressively fight and defend is needed. Don’t risk your future by not having the right attorney representing you. The Dallas theft attorneys at the Law Offices of Roderick C. White have successfully defended dozens of clients in virtually every type of criminal theft charge there is. We can successfully defend you or your loved one as well. For aggressive representation from an experienced Dallas theft attorney, contact us right now to schedule a free initial consultation. We can be reached 24 hours a day, 7 days a week.