Have you been accused of a theft crime in McKinney, Texas? Depending on the value involved, you could be facing anything from a minor misdemeanor to a serious felony carrying years in prison. A McKinney theft crimes lawyer at Chiles McGuire Criminal Law can help you understand the charges against you and protect your future. Call (214) 432-6540 for a free consultation.
We have over a decade of combined experience helping clients accused of all types of crimes. We’re ready to stand up for you and push back when prosecutors throw the book at you.
Why Choose Chiles McGuire Criminal Law to Handle My Theft Case in McKinney, TX?
Prosecutors in Collin County pursue theft charges aggressively, even in cases involving relatively minor amounts of property. You need a defense team that takes your case just as seriously.
Clients throughout McKinney choose Chiles McGuire Criminal Law because:
- Our McKinney criminal defense attorneys bring 11 years of experience and aren’t afraid to take a case to trial
- We have appellate experience, giving us a deeper understanding of how cases hold up under review and how to build a record that protects your rights
- We prepare a full written case analysis for every client before mapping out a specific trial strategy
- We conduct our own independent investigation rather than relying solely on the state’s version of events
- We’re recognized by the National Trial Lawyers and other top organizations
- Every client receives individualized attention from a team that’s invested in the outcome of your case
Contact us today to schedule a free consultation with a McKinney theft crimes attorney.
What Are Theft Crimes in Texas?
Under Texas Penal Code Section 31.03, theft occurs when someone unlawfully appropriates property without the owner’s consent and with the intent to permanently deprive the owner of that property. “Appropriation” can include physically taking property, but it can also include receiving stolen property or exercising unauthorized control over it in other ways.
Texas law covers theft charges under a single broad statute; the severity of the charge depends heavily on the value of the property involved and the specific circumstances of the offense.
Common theft charges we handle include:
- Shoplifting and retail theft
- Employee theft and embezzlement
- Theft of a firearm
- Identity theft
- Credit card and debit card abuse
- Theft of a motor vehicle
- Theft of services
- Organized retail theft
Certain categories of theft are treated more seriously regardless of the property’s value.
Shoplifting and Retail Theft
Retail theft cases are among the most common theft charges in McKinney. These range from a single shoplifting incident to allegations of organized retail theft involving multiple people and locations. Retailers and loss prevention teams frequently overstate the value of items involved or misidentify suspects based on limited surveillance footage. These discrepancies can lead to charges that don’t match what actually happened.
Theft of a Firearm and Identity Theft
Some theft offenses carry enhanced charges regardless of value. Theft of a firearm is always charged as a state jail felony. Identity theft is charged under a separate statute and can result in felony charges for each nonconsensual usage of personal identifying information. A single scheme can lead to multiple felony counts.
What Are the Penalties for Theft Offenses in Texas?
The penalties for theft offenses in Texas depend on several factors, including the value of the property or services allegedly taken and the circumstances of the offense. In general, lower-value theft offenses may be charged as misdemeanors, while higher-value theft offenses can result in felony charges carrying much more severe consequences.
A theft conviction may lead to penalties such as fines, jail or prison time, probation, restitution to the alleged victim, and a permanent criminal record. In some cases, aggravating factors or prior criminal convictions can result in enhanced charges or increased penalties.
Because the potential consequences of a theft conviction can be significant, anyone facing theft charges should seek legal representation as soon as possible to protect their rights and explore available defense strategies.
Are There Collateral Consequences for Theft Convictions in McKinney?
A theft conviction can stay with you long after you’ve completed your sentence. Even a Class C conviction becomes part of a permanent criminal record that background check companies and employers can access for years.
Theft convictions can result in:
- Difficulty finding or keeping employment, particularly in jobs involving money handling or trust
- Loss of professional licenses in certain regulated fields
- Damage to your reputation in the community
- Immigration consequences for non-citizens, including possible removal proceedings
- Loss of firearm rights, if convicted of a felony-level theft offense
- Challenges renting housing or obtaining certain loans
That’s why it’s important to fight the charge itself whenever possible, rather than assuming a quick plea is your best option.
What Defenses Are Used in Theft Crime Cases in Texas?
The best defense for your theft case will depend on its specific facts. Several defenses may apply.
Lack of Intent to Deprive
The state must prove you intended to permanently deprive the owner of their property. This defense often applies in cases involving borrowed items, disputes over shared property, or situations where the accused planned to pay for or return what they took.
Claim of Right
If you honestly believed you had a legal right to the property, this belief can serve as a defense to the charge. This often arises in disputes between business partners, family members, or former romantic partners.
Consent
If the owner authorized you to take or use the property, the charge may not hold up. Communications or witness testimony confirming that permission was given can be critical to establishing this defense.
Mistaken Identity
Surveillance footage and eyewitness accounts aren’t always reliable, especially in retail theft cases. In your case, store employees may have misidentified the person actually responsible.
Insufficient Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt, including the value of the property involved. Gaps in the state’s evidence can create reasonable doubt.
Illegally Obtained Evidence
Evidence gathered through an unlawful search or improper police procedure may be challenged and excluded from your case. This may leave the state with insufficient evidence to prove its version of events.
Voluntary Return of Property
Returning property before being charged doesn’t automatically erase criminal liability, but it can lead to a reduced charge or an alternative resolution, particularly when combined with evidence that there was no intent to permanently deprive the owner.
The only way to know which defenses apply to your case is to contact an experienced attorney who can develop a defense strategy tailored to the facts. Contact our legal team today for help understanding your options.
How a Criminal Defense Attorney Can Help You With a McKinney Theft Crime Case
An experienced attorney is your greatest asset in a theft crime case.
From the moment they’re hired, an attorney gets to work building the defense by:
- Investigating the allegations and reviewing police reports and any available surveillance footage
- Identifying every possible weakness in the state’s case
- Independently assessing the value of the property in question, since prosecutors sometimes overstate value to pursue a harsher charge than the facts support — a difference that can mean a misdemeanor instead of a felony, or a lower felony degree with a lighter sentencing range
- Pursuing reduced charges, alternative resolutions like pretrial diversion, or an outright dismissal whenever possible
- Preparing to take the case to trial and holding the state to its burden of proof when a favorable resolution isn’t available
- Keeping the client informed of their options at every stage so they’re never left guessing about where their case stands
Given the importance of each of these tasks, you should contact an experienced criminal defense lawyer as soon as possible to strengthen your odds of a favorable outcome.
Contact a McKinney Theft Crimes Lawyer for Assistance
A theft charge doesn’t have to define your future. With the right defense strategy, you have options for protecting your record and moving forward with your life.
Chiles McGuire Criminal Law is ready to review your case and build the strongest possible defense on your behalf. We have over a decade of combined experience handling theft crime cases. We have the resources and experience to take on any case, any time — all the way to trial.
Contact us today for a free, no-obligation consultation with a McKinney theft crimes attorney.
McKinney, TX Courts
- Collin County Courthouse – 2100 Bloomdale Rd, McKinney, TX 75071
- McKinney Municipal Court – 130 S Chestnut St, McKinney, TX 75069
- 469th District Court – 2100 Bloomdale Rd, Suite 30014, McKinney, TX 75071
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