Aggressive Dallas Theft Defense Attorneys
Handling Robbery & Burglary Charges
The Law Office of Patrick J. McLain, PLLC is an aggressive criminal defense firm with a reputation for getting results in trial. If you were charged with burglary, theft, larceny, shoplifting, or any other type of theft crime in Dallas County, McLain is the Dallas criminal defense attorney you need on your side.
A conviction for either theft or burglary has far reaching consequences that affect your ability to get student loans, limit job and career opportunities, and may even restrict your ability to get a loan. You need an award winning defense attorney for theft charges, burglary crimes, and other allegations of moral turpitude who can protect your freedom and prove your innocence.
Call (214) 238-9392 now to
schedule a consultation with a
Dallas theft crime lawyer at our firm. Se habla Español.
Dallas Theft Crimes
Theft, also known as stealing, is pretty simple concept to understand. You are accused of taking something that does not belong to you with the intent to deprive the owner of that item. The legal definition of theft according to the Texas Penal Code, Section 31.03 is, “A person commits an offense if he unlawfully appropriates property with the intent to deprive the owner of the property.” This definition of theft also applies to unlawfully acquiring property using a worthless check and the unlawful receipt of services. The seriousness of a Theft offense and punishment depends on the amount of money allegedly stolen.
The penalties for theft charges can vary widely, depending on what was allegedly stolen, or attempted to be stolen. Our attorneys can help defend the following, and more:
- Theft by Check
- Petty Theft
- Aggravated Theft
- Larceny (Simple Theft)
- Grand Theft
- Theft of Service
Misdemeanor Theft Charges
The following describe the conditions for theft when it falls under the category of a misdemeanor:
- Class C misdemeanor theft: Stolen property valued at no greater than $100
- Class B misdemeanor theft: Property that is less than $750 but more than $100
- Class B misdemeanor theft: Property less than $100, but there is a prior theft conviction on record
- Class A misdemeanor theft: Property no greater than $2,500 but more than $750
Defending Theft charges:
The key to defending a theft charge is lack of intent. A simple, yet effective defense is “I did not intent to steal” or “I did not know it was stolen or I did not know it was in my house or car.” Also, as with any criminal offense, the constitutional defenses of unlawful search and seizure apply.
Theft by Check:
In general, it is a theft for a person to take property from its owner by issuing or passing a check when that person knew or should have known that there were insufficient funds on deposit with the bank for the payment in full of the check as well as all of the other checks that the person had outstanding at the time. The law
presumes that the check writer intended to steal the property, if (i) the check writer had no account with the bank at the time of issuing the check, or (ii) the check writer failed to pay the check within ten (10) days after receiving notice that the check was returned by the bank for “insufficient funds.”
The biggest question is whether you intended to steal. Intent is a major part of the crime. The State must prove you wrote the check knowing that you did not have the funds because you wanted to steal the item. So you cannot go on a check-writing binge without any money in your account over a long period of time because that will allow people to draw the conclusion that you intended to steal!
Call (214) 238-9392 to speak with a Dallas theft defense lawyer for help protecting your rights.