Our Dallas Theft Lawyer Fights for Dismissals
If you’re facing theft charges in Dallas, you need a defense attorney who understands how to protect your future. Theft is classified as a “crime of moral turpitude” in Texas, meaning a conviction can follow you for life, affecting jobs, housing, and educational opportunities. The Dallas theft lawyers at Varghese Summersett have successfully defended thousands of theft cases across Dallas County, from minor shoplifting allegations to complex white-collar crimes.
Our team includes Board Certified criminal defense attorneys with decades of combined experience in Dallas courts. We know how prosecutors build theft cases and how to challenge them effectively. Call 214-903-4000 for a free consultation.
What Is Theft Under Texas Law?
Theft occurs when someone unlawfully takes property with the intent to permanently deprive the owner of it. Texas Penal Code § 31.03 defines theft as “unlawfully appropriating property with intent to deprive the owner of the property.”
In plain terms, theft means taking something that belongs to someone else, without permission or legal justification, with no intention of returning it. Texas law also treats receiving, possessing, or concealing stolen property the same as theft if you knew or should have known the property was stolen.
Benson Varghese, a Board Certified criminal law specialist, explains why avoiding a theft conviction matters so much in this short video:
What Are the Penalties for Theft in Dallas?
Texas uses a “theft value ladder” to determine charges and penalties. The value of the stolen property directly determines whether you face a misdemeanor or felony. Here are the current penalty ranges under Texas Penal Code § 31.03:
| Value of Property | Offense Level | Potential Punishment |
|---|---|---|
| Under $100 | Class C Misdemeanor | Up to $500 fine, no jail |
| $100 to $750 | Class B Misdemeanor | Up to 180 days in jail, $2,000 fine |
| $750 to $2,500 | Class A Misdemeanor | Up to 1 year in jail, $4,000 fine |
| $2,500 to $30,000 | State Jail Felony | 180 days to 2 years in state jail, $10,000 fine |
| $30,000 to $150,000 | Third Degree Felony | 2 to 10 years in prison, $10,000 fine |
| $150,000 to $300,000 | Second Degree Felony | 2 to 20 years in prison, $10,000 fine |
| Over $300,000 | First Degree Felony | 5 to 99 years in prison, $10,000 fine |
Your charges can increase one level if you have a prior theft conviction. Two or more prior convictions can elevate charges by two levels. The law also imposes enhanced penalties when the victim is elderly, a nonprofit organization, a public servant, or a government contractor.
What Types of Theft Cases Do You Handle in Dallas?
Our Dallas theft lawyers handle every type of theft case under Chapter 31 of the Texas Penal Code. The most common theft charges we defend include:
Shoplifting and retail theft: Taking merchandise from stores, including cases involving loss prevention detentions and civil demand letters.
Credit card theft and fraud: Unauthorized use of another person’s credit or debit card information.
Theft by check: Writing checks without sufficient funds or on closed accounts with intent to defraud.
Mail theft (porch piracy): Taking packages or mail from someone else’s property. Federal charges may also apply under 18 U.S.C. § 1708.
Unauthorized use of a motor vehicle: Operating someone’s vehicle without effective consent, charged under Texas Penal Code § 31.07.
Embezzlement and white-collar theft: Misappropriation of funds or property by someone in a position of trust.
Skip scanning: Intentionally failing to scan items at self-checkout registers.
If you face any theft allegation in Dallas County, contact our team immediately to understand exactly what you’re charged with and the potential consequences.
Why Is a Theft Conviction So Damaging to Your Future?
Theft carries consequences far beyond fines and jail time. Texas classifies theft as a crime of moral turpitude, a category that includes offenses involving dishonesty, fraud, or deceit. This classification signals to others that you may be untrustworthy.
A theft conviction on your record can prevent you from getting hired for jobs that require background checks. Many employers automatically disqualify candidates with theft convictions, especially for positions involving money, inventory, or sensitive information. Landlords routinely reject applicants with theft records. Professional licensing boards may deny or revoke licenses. Colleges and graduate programs may reject applications.
For non-citizens, the consequences are even more severe. Immigration law treats crimes of moral turpitude harshly, potentially leading to deportation, denial of naturalization, or bars on reentry to the United States.
This is why our Dallas theft lawyers focus not just on avoiding jail, but on protecting your record entirely through dismissals, reductions to non-theft offenses, or deferred adjudication when possible.
What Defenses Work Against Theft Charges in Dallas?
An experienced Dallas theft lawyer can raise several defenses depending on the facts of your case:
Consent: You had permission from the owner to take or use the property. The prosecution must prove you lacked consent.
Lack of intent: Theft requires intent to permanently deprive the owner. If you forgot to pay, made an honest mistake, or intended to return the item, you may have a valid defense.
Mistaken identity: Someone else committed the theft, or surveillance footage doesn’t clearly identify you.
Challenging the value: If the prosecution overvalues the property, we can contest the amount to potentially reduce your charge level.
Duress: You took the property under threat of harm to yourself or your family.
Abandoned property: The property had no clear owner or appeared to be discarded.
Many people charged with theft are young adults with no criminal history. In these situations, Dallas County offers pretrial diversion programs that can result in complete dismissal upon successful completion. Our attorneys will evaluate whether you qualify for diversion and advocate for this outcome when appropriate.
Have questions about your theft charge? Call 214-903-4000 now. Our Dallas theft lawyers offer free consultations and can review your case today.
How Does Our Dallas Theft Defense Process Work?
When you hire Varghese Summersett, we immediately begin building your defense. First, we obtain all evidence the prosecution has, including police reports, surveillance footage, witness statements, and any physical evidence. We analyze the legality of the stop, detention, and any searches conducted.
Our team then identifies weaknesses in the state’s case. Did loss prevention follow proper procedures? Is the identification reliable? Can the prosecution actually prove intent? We use these weaknesses to negotiate with prosecutors for dismissals or reductions.
If your case goes to trial, we present your defense before a Dallas County jury. Our trial attorneys have handled thousands of criminal cases and know how to effectively challenge the prosecution’s narrative.
Why Choose Varghese Summersett for Your Dallas Theft Case?
Our firm brings significant resources to every theft case. With over 70 team members across four Texas offices, including our Dallas location, we have the capacity to thoroughly investigate and defend your case. Our criminal defense team includes attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by less than 10% of Texas attorneys.
We’ve earned over 1,100 five-star client reviews and multiple “Best Law Firms” recognitions. More importantly, we’ve helped thousands of clients avoid convictions that would have permanently damaged their futures.
Frequently Asked Questions About Dallas Theft Charges
Can I get a theft charge dismissed in Dallas?
Yes, theft charges can be dismissed in Dallas County. Common paths to dismissal include completing a pretrial diversion program, demonstrating insufficient evidence, or successfully challenging the legality of your detention or search. First-time offenders often have the best chances for dismissal.
Will I go to jail for shoplifting in Dallas?
Jail time depends on the value of items taken and your criminal history. Shoplifting under $100 is a Class C misdemeanor with no jail time possible. However, shoplifting $100 or more can result in jail sentences ranging from 180 days to years in prison, depending on the amount.
How long does a theft conviction stay on my record in Texas?
A theft conviction remains on your criminal record permanently in Texas unless you qualify for an expunction or order of nondisclosure. Convictions (as opposed to deferred adjudication) generally cannot be expunged, which is why avoiding a conviction in the first place is so critical.
What happens if I’m falsely accused of theft?
False theft accusations occur more often than people realize, particularly in retail settings with multiple customers and busy employees. If you’re falsely accused, do not make statements to loss prevention or police. Contact a Dallas theft lawyer immediately. We can gather evidence, interview witnesses, and work to prove your innocence before charges are even filed.
Is theft a felony in Texas?
Theft becomes a felony in Texas when the value of stolen property exceeds $2,500. Theft of $2,500 to $30,000 is a state jail felony. Higher amounts result in third, second, or first degree felony charges with increasingly severe penalties.
Contact a Dallas Theft Lawyer Today
A theft charge threatens your freedom, your record, and your future opportunities. The sooner you have an experienced attorney protecting your rights, the better your chances of a favorable outcome.
Our Dallas theft lawyers have handled every type of theft case, from first-time shoplifting allegations to complex embezzlement charges involving millions of dollars. We understand what’s at stake and we fight aggressively for every client.
Call 214-903-4000 now for a free consultation. We’re available 24/7 to discuss your case.
