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The number the State puts on the property decides whether you are facing a ticket, a misdemeanor or a felony. That number is an allegation, not a fact.
Criminal Defense
Texas grades theft by the value of what was taken, on a ladder that runs from a Class C misdemeanor at the lowest end up through felony ranges as the amount rises. Prosecutors often plead the value from a retailer's loss-prevention report or a complainant's estimate, using retail price rather than fair market value and aggregating items that should not be aggregated. Getting the value right frequently moves the case down a level or two — and sometimes out of felony territory entirely.
Theft requires an intent to deprive the owner permanently. Cases collapse where there was a genuine claim of right, a misunderstanding about permission, a payment dispute, a borrowed item, or simple absent-mindedness at a self-checkout. Surveillance video that supposedly shows concealment often shows nothing of the kind once it is watched in full rather than in the clip an investigator selected.
A theft conviction is treated as a crime of dishonesty, which means it does damage out of proportion to the sentence: employers, professional licensing and immigration authorities all weigh it heavily. Restitution, diversion, and negotiated reductions to non-theft offences are all worth pursuing precisely because the label is the real penalty.
Criminal matters are quoted as a flat fee for a defined stage of the case, so you know what representation costs before you commit to it. Payment plans are available. What the fee buys is a lawyer who appears at your settings, reads the file rather than skimming it, and tells you honestly which parts of the State's case are weak and which are not.
By the value of the property alleged. That value is an allegation the State has to prove, and it is often based on retail price rather than fair market value.
Yes, and doing so frequently moves a case down a level — sometimes out of felony territory entirely.
That is a defence, because theft requires an intent to deprive the owner permanently. The full video, watched rather than clipped, usually helps.
Talk to us first. It is separate from the criminal case, paying it does not end the charge, and what you write back can be used against you.
A genuine claim of right is a real defence, and it needs documenting early with pay records, messages and the agreement as it was actually understood.
The sentence may be small; the record is not. Theft is treated as a crime of dishonesty and does lasting damage in employment and immigration.
They are separate offences in Texas with different elements and much heavier ranges for the latter two. Charging decisions here are worth challenging.
Not by itself, though it is frequently part of a negotiated resolution. Timed and presented properly it can change the outcome considerably.
Dismissals and acquittals can be expunged, and deferred outcomes may later be sealed. It is a central goal in these cases rather than an afterthought.
Do not speak to loss prevention, do not write a statement for the store, and do not contact anyone involved to explain yourself.
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