What You Need to Know About Theft Charges in Denton County
If youโve been arrested for theft in Denton County, youโre facing more than just fines and possible jail time. A theft conviction creates a permanent criminal record that can follow you for the rest of your life, affecting your job prospects, housing applications, and professional licenses. The good news is that with the right defense strategy, many theft cases can be dismissed, reduced, or resolved in ways that protect your future.
At Varghese Summersett, weโve secured over 70 dismissals on theft charges alone. Our Denton County criminal defense attorneys understand the local court system and know how to build defenses that work. Whether youโre facing a misdemeanor shoplifting charge or a felony theft allegation, weโre here to help.
Why Clients Trust Varghese Summersett for Theft Defense
Our criminal defense team brings over 100 years of combined experience defending clients against theft charges throughout Texas. Managing partner Benson Varghese, a graduate of Texas Tech University School of Law, has personally handled hundreds of theft and property crime cases during his career. The firm includes multiple attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by less than 10% of Texas criminal defense lawyers.
Our track record speaks for itself. Weโve secured over 1,600 dismissals and 800 charge reductions across all practice areas, including dozens of theft case dismissals ranging from shoplifting to high-value felony theft. Our 70-member team serves clients from offices in Fort Worth, Dallas, Houston, and Southlake, with extensive experience in Denton County courts. Past results do not guarantee future outcomes, but our experience means we know how to investigate theft cases, challenge weak evidence, and negotiate with prosecutors effectively.
Common Concerns After a Theft Arrest
Many of our clients come to us worried about specific questions: Will I go to jail? Will this show up on background checks? Can I lose my job? These are legitimate concerns, and the answers depend on several factors, including the value of the property allegedly stolen, your criminal history, and the strength of the evidence against you.
First-time offenders often have options that arenโt available to people with prior convictions. Denton County offers diversion programs and deferred adjudication that may allow you to avoid a conviction entirely. However, these opportunities require immediate action. Waiting to hire an attorney can limit your options significantly.
What Theft Means Under Texas Law
Under Texas Penal Code ยง 31.03, a person commits theft if they unlawfully appropriate property with intent to deprive the owner of that property. โAppropriateโ means to acquire or exercise control over property, and โdepriveโ means to withhold property permanently or for so long that a major portion of its value is lost.
To convict you of theft, prosecutors must prove each of the following elements beyond a reasonable doubt:
- You unlawfully appropriated property
- The property belonged to another person
- You acted with the intent to deprive the owner of that property
This last element is often the most contested. If you genuinely believed the property was yours, if you intended to return it, or if you took it by mistake, you may have a valid defense. Intent is something prosecutors must prove; they cannot simply assume it from your actions.
Texas law also covers several related offenses including shoplifting (a form of theft), theft of services, unauthorized use of a vehicle, and organized retail theft. Each has its own elements, but the requirement to prove criminal intent applies to all of them.
Penalties for Theft in Denton County
Texas classifies theft offenses based primarily on the value of the property stolen. Higher values mean more serious charges and harsher penalties:
- Class C Misdemeanor (property value less than $100): Fine up to $500
- Class B Misdemeanor (property value $100 to $750): Up to 180 days in jail and a $2,000 fine
- Class A Misdemeanor (property value $750 to $2,500): Up to 1 year in jail and a $4,000 fine
- State Jail Felony (property value $2,500 to $30,000): 180 days to 2 years in state jail and a $10,000 fine
- Third-Degree Felony (property value $30,000 to $150,000): 2 to 10 years in prison and a $10,000 fine
- Second-Degree Felony (property value $150,000 to $300,000): 2 to 20 years in prison and a $10,000 fine
- First-Degree Felony (property value $300,000 or more): 5 to 99 years in prison and a $10,000 fine
Certain circumstances can enhance the charge regardless of value. Under Texas Penal Code ยง 31.03(e)(4), theft becomes a state jail felony if the property is a firearm, if itโs stolen from a person (such as pickpocketing), or if the defendant has two or more prior theft convictions. Similarly, theft of certain metals like copper or aluminum can be enhanced due to the impact on infrastructure.
Beyond incarceration, a theft conviction carries lasting consequences. Employers routinely reject applicants with theft convictions, especially for positions involving money, inventory, or client trust. Professional licensing boards may deny or revoke licenses. Landlords frequently refuse to rent to people with theft on their records. For immigrants, theft can trigger deportation proceedings.
Bond Amounts for Theft Cases in Denton County
If youโre arrested for theft in Denton County, bond is typically set based on the severity of the charge and your criminal history. Based on our analysis of over 12,900 bonds set in Denton County in 2025, hereโs what you can expect:
For theft of property valued between $100 and $750 (Class B misdemeanor), the most common bond amount is $1,500, with an average around $1,725. More serious charges carry higher bonds. Class A misdemeanor theft ($750 to $2,500) typically sees bonds around $2,500 to $3,700. State jail felony theft ($2,500 to $30,000) averages approximately $7,400, with most bonds set at $5,000.
Prior convictions significantly increase bond amounts. If you have two or more prior theft convictions, even a lower-value theft becomes a state jail felony, and bonds average over $7,000. Robbery charges carry much higher bonds, with simple robbery averaging around $19,500 and aggravated robbery averaging over $92,000 due to the violent nature of these offenses.
If you or a loved one is in custody at the Denton County Jail, we can help expedite the bond process and work to secure the lowest possible bond amount.
Defense Strategies That Work
Every theft case is different, but several defense strategies have proven effective in protecting our clients:
Lack of intent: If you genuinely believed the property was yours or you had permission to take it, you lacked the criminal intent required for conviction. Mistaken identity in ownership, confusion at self-checkout, or believing borrowed items were gifts can all support this defense.
Insufficient evidence: The prosecution must prove every element beyond a reasonable doubt. Surveillance footage that doesnโt clearly show you, eyewitness testimony thatโs unreliable, or gaps in the chain of custody for evidence can all create reasonable doubt.
Mistaken identity: In retail theft cases especially, employees sometimes accuse the wrong person. If multiple people were in the store, if the description doesnโt match you, or if security footage is unclear, mistaken identity may be your best defense.
Constitutional violations: If police violated your Fourth Amendment rights through an illegal search, any evidence they found may be suppressed. If they questioned you without reading Miranda rights, your statements may be inadmissible. These procedural protections exist for a reason, and we hold law enforcement accountable when they cut corners.
Valuation disputes: The value of allegedly stolen property determines whether you face a misdemeanor or felony. Prosecutors sometimes overvalue property to increase charges. We challenge inflated valuations using actual market values, depreciation, and expert testimony when necessary.
Real Results in Theft Cases
Our firm has a documented history of achieving favorable outcomes in theft cases. In one case, we secured a dismissal for a client charged with theft of property valued between $20,000 and $100,000, a third-degree felony. In another, we obtained a dismissal for a client facing theft of property valued between $1,500 and $20,000. Weโve achieved dozens of dismissals for clients charged with lower-level theft offenses, and numerous cases where charges were reduced or defendants received deferred adjudication to avoid permanent convictions.
If youโre ready to discuss your theft case, call us at (940) 252-2220 for a free consultation.
The Legal Process After a Theft Arrest
Understanding what happens after an arrest can help reduce anxiety and ensure you make the right decisions at each stage:
Immediately after arrest: Youโll be booked at the Denton County Jail, where youโll be fingerprinted, photographed, and processed. This is not the time to explain yourself to police. Anything you say can and will be used against you. Politely decline to answer questions and ask to speak with an attorney.
Bond and release: For most theft charges, youโll be eligible for bond. A magistrate will set the bond amount based on the charge and your criminal history. You can post bond through a bondsman or pay the full amount yourself. Once released, you must attend all court dates and comply with any conditions of release.
Arraignment: At your first court appearance, youโll hear the formal charges against you and enter a plea. Always plead not guilty at this stage, even if you think you might eventually work out a deal. This preserves your options and gives your attorney time to investigate.
Discovery and investigation: Your attorney will obtain all evidence the prosecution intends to use, including police reports, surveillance footage, witness statements, and any physical evidence. This phase is critical for identifying weaknesses in the stateโs case.
Pretrial negotiations: Many theft cases are resolved through plea bargaining. Depending on the facts, we may negotiate for dismissal, reduced charges, or alternatives like deferred adjudication that avoid a conviction. For first-time offenders, theft intervention programs may be an option.
Trial: If negotiations donโt produce an acceptable outcome, weโre prepared to take your case to trial. Weโve tried hundreds of cases and know how to present effective defenses to Denton County juries.
Protecting Young People Accused of Theft
Theft charges are particularly serious for juveniles and college students. A conviction can affect college admissions, financial aid eligibility, and career opportunities before they even begin. If your child has been accused of theft, or if youโre a student at the University of North Texas or Texas Womanโs University facing charges, immediate intervention is critical.
We have extensive experience with juvenile shoplifting defense and understand the unique considerations involved. The juvenile justice system operates differently from adult court, with more emphasis on rehabilitation. However, serious cases can still be transferred to adult court, and even juvenile records can affect future opportunities.
What to Expect From Varghese Summersett
When you hire our firm for your theft case, you get a team that fights for you from day one. We immediately begin investigating the facts, gathering evidence, and identifying every possible defense. We communicate clearly and regularly, ensuring you always know where your case stands.
Our Denton County defense lawyers handle every aspect of your case, from bond hearings to pretrial negotiations to trial if necessary. We understand that facing criminal charges is stressful, and we work to resolve cases as quickly as possible while achieving the best possible outcome.
Watch our attorneys explain why avoiding a conviction is so important in theft cases:
Frequently Asked Questions About Theft Charges
Can theft charges be dropped in Denton County?
Yes, theft charges can be dropped or dismissed under several circumstances. If the evidence is insufficient, if there were constitutional violations during the investigation, or if youโre eligible for a diversion program, charges may not proceed to conviction. Our attorneys have secured dozens of theft dismissals and work aggressively to achieve this outcome when possible.
What is the difference between theft and robbery?
Theft involves unlawfully taking property with intent to deprive the owner. Robbery involves theft with the use of violence or threats of violence. Robbery is always a felony, while theft can range from a Class C misdemeanor to a first-degree felony depending on value. You can learn more about this distinction on our page covering the difference between burglary and robbery.
Will I go to jail for a first-time theft offense?
Not necessarily. First-time offenders often have options including deferred adjudication, pretrial diversion, or probation that avoid jail time. The likelihood of incarceration depends on the value of the property, your criminal history, and the quality of your defense. Even for felony theft, alternatives to prison are often available for first offenses.
How long does a theft conviction stay on my record?
In Texas, criminal convictions remain on your record permanently unless you qualify for expunction or an order of nondisclosure. These remedies are available in limited circumstances, such as when charges are dismissed or when you successfully complete deferred adjudication. This is why avoiding conviction in the first place is so important.
What should I do if Iโm accused of shoplifting at a store?
Remain calm, do not argue with store employees, and do not sign any documents admitting guilt. You have the right to remain silent and the right to an attorney. Even if store security seems certain you did something wrong, that doesnโt mean the prosecution can prove it beyond a reasonable doubt. Contact a defense attorney before speaking to police or prosecutors. Learn more about self-checkout theft and how these cases are handled.
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Contact a Denton County Theft Lawyer Today
A theft charge doesnโt have to derail your life. With experienced legal representation, many theft cases can be dismissed, reduced, or resolved in ways that protect your record and your future. The sooner you act, the more options youโll have.
Call Varghese Summersett today at (940) 252-2220 for a free consultation. Weโre available 24/7 to take your call and start building your defense.