Theft Defense Attorney in Pearland, TX
Life can be unpredictable and challenging. Financial issues, health problems, and personal circumstances can sometimes lead people down paths they never intended to go. Momentary lapses in judgment can result in decisions that are later regretted.
What’s more, there are instances when people are wrongly accused of crimes they did not commit. False accusations can have devastating effects on a person's life, reputation, and future prospects.
Whether it’s a mistake or a wrongful accusation, you or the person you love deserve a voice and fair treatment. The theft defense lawyer in our Pearland office is here to provide it.
For a free consultation, call the Law Office of John C. Caldwell at (361) 348-8483. Our bilingual team works with both English and Spanish-speaking clients.
Differences Between Theft, Robbery, and Burglary
Theft, robbery, and burglary are terms often used interchangeably, but they represent distinct offenses under Texas law.
- Theft involves unlawfully taking someone else's property with the intent to deprive the owner of it permanently.
- Robbery is a theft that involves force or the threat of force.
- Burglary involves entering a building or habitation without consent with the intent to commit a crime.
Why Do You Need a Theft Defense Attorney?
It is essential to have a theft defense attorney for several reasons:
- Legal Expertise: Theft cases can be complex, involving intricate legal statutes and procedures. A skilled theft defense attorney has in-depth knowledge of the law, courtroom practices, and defense strategies specific to theft charges.
- Protection of Rights: An attorney ensures that your rights are safeguarded throughout the legal process. They can advise you on how to interact with law enforcement, protect you from self-incrimination, and ensure fair treatment under the law.
- Case Assessment: A theft defense attorney can assess the details of your case, including evidence, witness statements, and legal precedents, to develop a strong defense strategy tailored to your situation.
- Negotiation Skills: Attorneys are experienced negotiators and can engage with prosecutors to potentially reduce charges or negotiate plea deals that benefit you. They can also advocate for alternative sentencing options, if applicable.
- Court Representation: In the courtroom, an attorney serves as your advocate, presenting your case persuasively, cross-examining witnesses, and challenging evidence to defend your innocence or mitigate potential consequences.
- Emotional Support: Facing theft allegations can be emotionally draining. A theft defense attorney provides support, guidance, and reassurance throughout the legal process, reducing your stress and anxiety.
- Expertise in Legal Procedures: Attorneys understand the intricacies of legal procedures, deadlines, and requirements. They ensure that all necessary paperwork is filed correctly and that your defense is presented effectively within the confines of the law.
- Maximizing Defense Strategies: With their expertise and experience, theft defense attorneys can identify the most effective defense strategies based on the circumstances of your case, increasing the likelihood of a favorable outcome.
The Penalties for Theft in Texas
In Texas, theft charges can range from a Class C misdemeanor to a first-degree felony, based on the value of the property involved. Felony charges begin when the stolen property's worth exceeds $1,500. Every felony conviction carries a mandatory minimum prison sentence.
The wide range of possible penalties underscores the importance of having a strong legal defense. The Law Office of John C. Caldwell advocates for defendants every step of the way. This starts with the fight for acquittal. In cases where the available evidence leads to a guilty verdict, we can fight for reduced sentencing, along with other options for post-conviction relief.
Theft Charge Defenses
Here are some potential defense strategies our theft defense attorney might employ, depending on the circumstances of the case:
- Undue duress: The defense may argue that the defendant was blackmailed or threatened into stealing the property. Evidence such as threatening messages or witness testimonies can support this defense. The threat must be proportionate to the gravity of the offense.
- Absence of intent: The prosecution must prove that the defendant knowingly took property that wasn't theirs. If the defendant argues they innocently forgot they had the property, it can be challenging for the prosecution to establish criminal intent.
- Due diligence: This defense applies when charges involve receiving or buying stolen goods. Our defense lawyer can aim to show that our client acted reasonably to ensure they were acquiring legitimate property.
Although not a defense in the strictest sense, returning the stolen property can sometimes generate goodwill with the prosecutor or judge. This act demonstrates remorse and could potentially influence the case's outcome. However, it doesn't guarantee acquittal or dismissal of the charges.
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