Theft/Shoplifting Facing Criminal Charges? Protect Your Freedom Before Time Runs Out

San Antonio Theft Defense Attorneys

Theft & Shoplifting Defense Lawyers in South Central Texas

Have you been accused of stealing? Theft allegations like shoplifting can cause embarrassment and anxiety, resulting in a Class C misdemeanor on your record. Other more serious theft crimes can be charged as elevated misdemeanors and even felonies. Penalties can vary from simple fines to prison sentences. Furthermore, because theft is considered a “crime of moral turpitude,” it can seriously impact your life. A simple background check by an employer, landlord, university, or other agency can lead to an embarrassing rejection of an opportunity that everyone else takes for granted.

If you have been charged, you need a competent San Antonio theft defense lawyer from Smith & Vinson Law Firm in your corner. We can assess the State’s evidence against you and fight to keep your record clean. In some instances, we can work towards a resolution of your case that does not include a conviction. You may be eligible for a diversion program or you may be able to avoid a conviction through restitution.

Contact our offices for a free consultation about your case. Call (210) 960-9557 today.

Types of Theft Crimes in Texas

Many types of theft crimes exist under Texas law. Generally, for a conviction to take place, the prosecution will have to prove two things. First, that you took the property with intent to steal it and then that you were found with the property in your possession.

Examples of theft crimes that we handle include:

  • Shoplifting
  • Passing bad checks
  • Forgery
  • Identity theft
  • Credit card theft
  • Car theft
  • Buying or taking stolen property
  • Embezzlement
  • Fraud
  • Ponzi schemes
  • Burglary
  • Robbery

Different elements of proof must be demonstrated in each of these crimes. In each case, the prosecution is burdened with proving these elements beyond a reasonable doubt. As always, you are innocent until proven guilty and our firm can formulate a strong defense based on a thorough investigation into the incident. At Smith & Vinson Law Firm, our attorneys fight hard to help you avoid a theft conviction that could be detrimental to your future.

Penalties for Theft Crimes in San Antonio

Penalties for theft crimes are based on the value of the property stolen:

  • Less than $50 (or less than $20 by check) is charged as a Class C misdemeanor punishable by a fine of up to $500
  • $50 to $499 (or $20 but less than $500 by check) is a Class B misdemeanor punishable by up to 180 days in a county jail and a fine of up to $2,000
  • $500 - $1,499 is a Class A misdemeanor punishable by up to one year in a county jail and a fine of up to $4,000
  • $1,500 up to $20,000 is a state jail felony punishable by 180 days up to two years in a state jail and a fine of up to $10,000
  • $20,000 up to $100,000 is a third-degree felony punishable by two to 10 years in prison and a fine of up to $10,000
  • $100,000 up to $200,000 is a second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000
  • $200,000 or more is a first-degree felony punishable by five to 99 years in prison and a fine of up to $10,000

What to Do if You Are Accused of Shoplifting

If you have been arrested for shoplifting, you are probably feeling overwhelmed and anxious. If it is your first time being accused of a crime, you might have no idea what to do.

We recommend that you:

  1. Always cooperate with security personnel. A store security person or loss prevention officer will likely confront you if they suspect shoplifting. Retailers often contact the police so trying to flee the scene or resisting arrest can lead to further criminal charges. Remain calm and do what is asked.
  2. If the store’s employees try to question you, ask to have a witness present. The witness could be another employee or a manager. Write down everyone’s name and job title.
  3. Do not sign any paperwork until you have read it carefully. This paperwork is often an incident report required by the retailer’s store policy. Never sign anything that has inaccurate or incomplete information.
  4. Contact our law firm. The police will usually have been called before you leave the premises. In that case, you may have been arrested or given a citation with a court date. Call our offices for a free consultation to discuss your options. We are on call night and day, seven days a week.

It is important that you do not try to handle a shoplifting or theft charge by yourself. The majority of big retailers prosecute these offenses to the fullest extent of the law no matter the value of the property in question. They also will not back down from pressing charges should you return the property or try to pay restitution.

When you contact a criminal defense lawyer at Smith & Vinson Law Firm, we begin a detailed investigation into the matter. This includes interviewing witnesses, reviewing security camera footage, and evaluating reports.

Can Shoplifting Charges Be Reduced or Dismissed?

In Texas, shoplifting charges can potentially be reduced or dismissed under certain circumstances, especially with the help of an experienced theft defense attorney. The possibility of reducing or dismissing these charges often depends on factors such as the value of the stolen goods, the defendant’s criminal history, and the specifics of the case.

For first-time offenders or individuals charged with misdemeanor theft (theft of property valued under $2,500), there may be opportunities to negotiate a lesser charge or enter a diversion program. One option is deferred adjudication, which allows the accused to complete probation-like requirements, such as community service or theft prevention classes. Upon successful completion, the court may dismiss the charges, allowing the accused to avoid a criminal conviction. Pretrial diversion programs may also be available in some cases, providing another path for dismissal.

If dismissal is not possible, an attorney may work to reduce the charges. For example, felony theft charges could be reduced to misdemeanor theft, which carries less severe penalties. This reduction can have significant long-term effects on an individual’s life, as misdemeanors are viewed more leniently by employers, landlords, and other entities conducting background checks.

In some cases, defenses may lead to dismissal. These could include proving a lack of intent to steal (e.g., accidentally leaving the store with an unpaid item) or challenging the evidence, such as disputing the value of the items in question or the credibility of the store’s witnesses.

Each case is unique, and the best approach will depend on the facts and circumstances. Consulting with a San Antonio theft defense attorney can help individuals understand their options and pursue the best outcome for their case.

Defenses Against Theft Charges in San Antonio

Facing theft charges in San Antonio requires a strategic and informed defense strategy. San Antonio theft defense attorneys at Smith & Vinson Law Firm are adept at navigating the complexities of theft charges, employing various defenses based on the specifics of each case. Common defenses include:

  • Lack of Intent: Arguing that the defendant did not have the intention to commit a theft, therefore negating a key element of theft charges.
  • Mistake of Fact: Demonstrating that the accused person was under a genuine and reasonable belief that they had a right to the property in question.
  • Duress: Showing that the defendant was forced to commit the act under threat of immediate harm to themselves or someone else.
  • Consent: Proving that the property owner consented to the defendant taking the property, which can invalidate theft allegations.
  • Return of Property: Although not a definitive defense against theft, returning the property can sometimes play a role in mitigating the situation, especially if the property was taken inadvertently.
  • Insufficient Evidence: Challenging the prosecution's evidence as inadequate to meet the burden of proof required for a theft conviction.
  • Misidentification: Arguing that the defendant was wrongly identified as the person who committed the theft.
  • Entrapment: Claiming that law enforcement officers or others induced the defendant into committing a crime they would not have otherwise committed.
  • Ownership or Right to Possession: Asserting that the defendant believed in good faith that they had a right to possess or own the property.

Every theft case presents unique circumstances, and a seasoned theft crimes lawyer can identify and execute the most compelling defense for their client.

How Theft Charges Can Impact Your Life

Theft crime charges can dramatically alter one's life, affecting employment opportunities, educational prospects, housing options, and social relationships. These charges, viewed as a reflection of character, can lead to stigmatization and discrimination in various aspects of life. Engaging a skilled theft crimes attorney from Smith & Vinson Law Firm can significantly mitigate these adverse effects.

Our attorneys understand the gravity of theft charges and work diligently to protect your rights and reputation. From negotiating for lesser charges or penalties to seeking alternative resolutions like diversion programs, our goal is to minimize the impact on your future. We provide comprehensive legal representation, leveraging our expertise to ensure the best possible outcome for our clients facing theft charges in San Antonio.

Let Our San Antonio Shoplifting Defense Law Firm Fight for You

Our San Antonio theft attorneys take your criminal charges seriously; we aggressively fight to protect your rights and to help you avoid penalties. Contacting our firm is an important first step when facing the Texas criminal justice system. Take advantage of our experience and commitment by calling us as soon as possible.

Contact us for a free initial consultation. Call (210) 960-9557 now.

Our Clients Are Our Biggest Endorsers

Hear What They Have to Say
  • Attorney Brad Vinson was informative, professional yet sympathetic with his approach to my case. Mr. Vinson was open to opinion and ensured that all legal avenues were considered and addressed before presenting a course of action.
    - Michael
  • Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs by providing me with the most support
    - Andrew
  • They handled my case incredibly well and warned me on the possible negative outcomes, overall completely satisfied me through the whole process.
    - Elmer Marqueiz
  • Very professional, on time and educates you along the whole process. I had a lot to lose and you guys gave it all back to me and finally represented what true Justice is here in America.
    - Manuel R.

    A Proven Track Record

    Check Out Our Recent Case Results
    • Dismissed Terroristic Threat

      Our client was reportedly heard making terroristic threats by some members of his seventh-grade class. Police charged him with a felony. Our client was a boy scout who was well-liked by teachers but had developed ADHD and was being bullied. The State offered our client 1 year of deferred probation.

    • Charges Dismissed Assault Bodily Injury Family Violence

      Our client was unfortunately in a bad relationship that was ending but before the end her boyfriend decided he was going to secure some property that didn’t belong to him. This led to an argument and for Police to ultimately be called. Our client didn’t want anyone to end up in jail so she downplayed the pushing that had been going on only to realize that the boyfriend had saved his own skin.

    • Charges Dismissed Sexual Assault

      Our client met a woman on a dating app who claimed that she was sexually assaulted. We assisted our client in interviewing with the police. He was facing up to 20 years in prison and lifetime sex offender registration. After Smith and Vinson's thorough review of the case and careful negotiations, the case against him was dismissed by the District Attorney's Office.

    • Dismissed Assault Family Violence

      During a dispute with her boyfriend, our client threw a brass statue against a wall, which ended up bouncing and hitting him. He called the police and our client was arrested for Assault Family Violence.

    • Felony Rejected Pre-Indictment Aggravated Assault with a Deadly Weapon and Interference with a 911 Call

      Our client’s girlfriend’s car was being repossessed. Our client had belongings in the car, including his work equipment and his firearm. Our client attempted to get his belongings out of the car before it was being towed away. The tow driver accused our client of threatening him with the gun our client was retrieving while he was on 911 with the police.

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