Theft is one of the most common offenses committed in Texas. Although it’s normally a misdemeanor, you should not take this charge lightly. There are some important defense strategies for theft cases in Texas.
When we defend someone charged with theft, we go back through all of the evidence to test its validity. We never take anything at face value.
We carry out a thorough investigation of all of the facts the prosecutor bases the theft charges on.
We will make a determination if any records need to be subpoenaed, check all past records, video and other recordings. The prosecution must prove you are guilty beyond all reasonable doubt. If doubts remain, the jury will lack sufficient proof beyond a suspicion of your guilt.
Here are some key defense strategies for theft cases in Texas
Ownership of the Property
In some cases, the ownership of the property may be in dispute. This can be relevant in situations like a divorce case or where two owners of a business believe they have a claim to the property.
If the person accused of theft can establish the property they took was theirs or they believed in good faith they had an interest in it, they may have a defense. However, it’s not as simple as the defendant saying he or she thought they owned the property.
Usually, the defendant must provide evidence to support the claim.
The Defense of Return of Property
Returning stolen property is not usually a defense to theft. However, the jury may be more sympathetic in these cases.
A defense may exist, however, when a defendant can prove he or she had the intent to return the property when it was stolen. If the defendant can show the property was being borrowed, it may be a valid defense to theft.
In some cases, a defendant may be able to claim he or she was intoxicated at the time a theft occurred. If an individual was sufficiently intoxicated and was unable to form the required intend to steal, he or she may have a viable intoxication defense.
To establish a defense of entrapment, an individual must show he or she was induced to steal by another person. The entrapment victim may be lured into committing the offense with the goal of being apprehended and prosecuted by a law enforcement official.
See our resources on thefts in Texas here. If you have been charged with theft, call our Tarrant County theft defense lawyer today for a free consultation about your case.