Overview:
- Being accused of theft in Arlington doesn’t mean you’re guilty; there are ways to fight the charge.
- Texas law requires prosecutors to prove intent and lack of consent.
- You have the right to remain silent, hire a lawyer, and challenge the evidence.
- Common defenses include lack of intent, mistaken identity, rightful ownership, and more.
If you’re facing theft charges in Arlington, it can feel like everything’s on the line. You might be thinking, “What now? Am I going to jail? Will this stay on my record forever?” It’s completely normal to feel overwhelmed, but don’t assume the worst just yet.
A theft accusation is serious, but it’s not the same as a conviction. You have legal rights, and you have options. With the right approach and a team that knows how these cases work in Tarrant County, you can push back.
Let’s walk through what you’re up against and how to start defending yourself today.
What Theft Means Under Texas Law
Theft, under Texas Penal Code § 31.03, involves taking someone else’s property without permission, intending to keep it permanently. But theft can take many forms, some more obvious than others.
Here are a few examples:
- Shoplifting (concealing or walking out with items you haven’t paid for).
- Using deception to get goods or services for free.
- Failing to return rented items after the agreement ends.
- Taking money from a shared business or household account without consent.
The keyword in all of these? Intent. If prosecutors can’t prove you meant to steal, they’ll have a hard time securing a conviction.
First Steps: How To Protect Yourself Right Away
We’ve helped enough people through theft cases to know this: what you do in the first 24 to 48 hours matters. Whether you were arrested, questioned, or just learned you’re being investigated, start protecting your case now.
1. Use Your Right To Remain Silent
You’re not required to explain yourself to police or store security. In fact, talking without a lawyer present can make things worse. Politely decline to answer questions until you’ve spoken with an attorney.
2. Call A Defense Lawyer Early
Even before charges are filed, a defense attorney can help you understand what’s happening and sometimes even stop charges before they’re filed. We can review evidence, talk to prosecutors, and help you plan your next move.
3. Don’t Contact The Accuser
Even if you think you can “clear things up,” reaching out to the person accusing you can backfire. It could be misread as harassment or intimidation. Let your lawyer handle all communication.
4. Save Any Evidence That Could Help
Receipts, text messages, camera footage, or even location data from your phone could help your defense. The sooner we can review it, the better.
Legal Defenses We May Use In Your Case
Every theft case is different, which means there’s no one-size-fits-all defense. That’s why we build your strategy based on what actually happened, and what the state can (or can’t) prove.
Here are some of the defense strategies we may explore:
Lack Of Intent
Maybe you forgot to pay. Maybe you picked up the wrong item. If you didn’t mean to steal, it’s not theft under Texas law. We’ll work to show that your actions were a mistake, not a crime.
Mistaken Identity
You’d be surprised how often people get misidentified by shaky surveillance footage or unsure witnesses. If someone else committed the theft and you were mistaken for them, we’ll gather the proof to show it.
Rightful Ownership
If you believed the item was yours or had permission to take it, that belief could defeat the intent required for theft. These cases often come up in family, roommate, or ex-partner disputes.
Consent
If the property owner lets you take or borrow the item, even informally, it’s not theft. We may use messages, emails, or witness statements to show that permission was given.
Entrapment
In rare cases, police doing undercover work may pressure or coax someone into committing a theft they wouldn’t otherwise have done. If that happened to you, we may be able to argue entrapment.
Insufficient Evidence
At the end of the day, it’s the prosecutor’s job to prove the case. If the evidence is thin or unreliable, we’ll highlight those weaknesses and fight for a dismissal or reduction.
Some cases require a single strong argument. Others use a combination of defenses. We’ll figure out what works best based on your unique situation.
Frequently Asked Questions About Theft Cases
What Happens If I’m Convicted?
That depends on the charge level. Misdemeanor theft (under $2,500) can mean fines or jail time. Felony theft (over $2,500) could lead to years in prison. Even a first-time offense can result in a criminal record that affects your job, housing, or immigration status.
Can My Case Be Dismissed Or Reduced?
Yes, especially if it’s your first offense or the evidence is weak. We’ve helped clients enter diversion programs, get charges reduced to lesser offenses, or have them dropped altogether.
Is Shoplifting Treated Differently From Theft In Texas?
Not really. Texas law treats shoplifting as theft because it still involves taking something with the intent to keep it. The difference is often in how the case starts (store calls police) rather than how it’s prosecuted.
Will This Stay On My Record Forever?
If your case is dismissed, you might qualify for expungement. If you complete a diversion program successfully, you may be able to seal your record. We’ll help you explore your options after your case is resolved.
What Should I Do Right Now?
Stay calm. Avoid posting about it on social media. Don’t talk to the police. And contact a theft defense lawyer who knows how Arlington courts handle these charges.
Why Your Choice Of Attorney Matters
We’ve seen how theft accusations affect people, whether it’s a college student caught shoplifting, an employee accused of misusing funds, or someone who simply made a mistake. We don’t judge. We help.
At Arlington Criminal Attorneys, we work every case like it’s our own reputation on the line. That means:
- Reviewing all evidence, down to the smallest detail.
- Identifying legal holes that the prosecution may try to gloss over.
- Negotiating with prosecutors when it helps, and fighting them when it doesn’t.
- Making sure you’re informed at every step and not left in the dark.
You won’t get cookie-cutter advice here. You’ll get a strategy built for your situation, your goals, and your future.
Charged with theft in Arlington? We’re here to help. Schedule a confidential case review with Arlington Criminal Attorneys today. We’ll walk you through your options and fight to protect what matters most to you.
