No intent to steal
Forgotten items, scanning errors, and honest mistakes are not theft. Intent is the heart of most theft cases.
Frisco Theft and Fraud Lawyer: Protect Your Reputation
A theft accusation can cost you more than a fine. Employers, landlords, and licensing boards treat theft as a crime of dishonesty. Al Rowland defends shoplifting, theft, and fraud charges throughout Frisco, Collin County, and Denton County, with a focus on protecting your record.
Accused of Shoplifting or Theft in Frisco?
Frisco is home to some of the busiest shopping destinations in North Texas, including Stonebriar Centre and the retail corridors along the Dallas North Tollway and SH-121. Loss-prevention staff at these stores work closely with Frisco police, and a misunderstanding at a self-checkout can turn into an arrest within minutes.
Theft cases also arise from workplaces, rental property, online sales, and disputes between people who know each other. In every case, the State must prove you intended to deprive the owner of property, not simply that property ended up in the wrong place.
Because theft is considered a “crime of moral turpitude,” even a low-level conviction can be used to question your honesty in future court proceedings and can create problems for immigration status and professional licensing.
How the Value of Property Determines the Charge
Under Texas Penal Code §31.03, theft is graded mainly by the value of the property involved. Challenging the claimed value is one of the most effective ways to reduce a charge.
| Property value | Offense level | Possible punishment |
|---|---|---|
| Under $100 | Class C misdemeanor | Fine up to $500 |
| $100 to $749 | Class B misdemeanor | Up to 180 days, fine up to $2,000 |
| $750 to $2,499 | Class A misdemeanor | Up to 1 year, fine up to $4,000 |
| $2,500 to $29,999 | State jail felony | 180 days to 2 years |
| $30,000 to $149,999 | Third-degree felony | 2 to 10 years |
| $150,000 to $299,999 | Second-degree felony | 2 to 20 years |
| $300,000 or more | First-degree felony | 5 to 99 years or life |
Prior theft convictions, the type of property (such as firearms or certain government property), and the alleged victim can raise the offense level regardless of value.
Fraud, Forgery, and Credit Card Abuse
Fraud offenses, found mainly in Chapter 32 of the Texas Penal Code, often involve paper trails, bank records, and digital evidence that require careful review.
Credit or debit card abuse
Using a card without the owner’s consent, typically charged as a state jail felony.
Forgery
Making or passing a false writing, such as a check or document, with intent to defraud.
Identity theft
Fraudulent use or possession of identifying information, graded by the number of items.
Embezzlement
Allegations that an employee misappropriated money or property, prosecuted as theft by value.
Organized retail theft
Charges alleging coordinated theft from stores for resale, with enhanced penalties.
Theft of service
Allegations of not paying for services such as rentals, repairs, or contracting work.
Civil Demand Letters and Restitution: What to Know
After a shoplifting stop, many people receive a letter from the retailer or its law firm demanding payment under the Texas Theft Liability Act. This civil claim is separate from the criminal case.
Paying a civil demand does not make criminal charges go away, and anything you write in response could be used as evidence. Restitution, on the other hand, can be an important part of negotiating a dismissal or diversion in the criminal case. We help you handle both the right way.
Before you respond
- Don’t admit guilt in writing or on the phone.
- Don’t ignore court dates while you sort out the letter.
- Bring the letter to your consultation.
Building a Defense to Theft and Fraud Allegations
Disputed value
Value is fair market value at the time of the offense, not the original price or a replacement cost estimate.
Ownership and consent
Disputes over borrowed property, shared accounts, or business arrangements are often civil matters, not crimes.
Video and identification
Surveillance footage is often unclear or incomplete. We review it closely, along with how you were identified.
Theft and Fraud FAQs
Is a Class C shoplifting ticket a big deal?
It can be. Even a fine-only theft conviction creates a criminal record that appears on background checks, and it can be used to enhance a future theft charge. Many Class C cases can be resolved without a conviction.
Can a theft charge be dismissed if I pay the store back?
Repayment does not automatically end the case, because the State, not the store, decides whether to prosecute. However, restitution can be an important factor in negotiating diversion or dismissal.
How is the value of stolen property determined in Texas?
Value is generally the fair market value of the property at the time and place of the offense. If that cannot be determined, the cost of replacing it within a reasonable time may be used.
Can a theft arrest be removed from my record?
If the case is dismissed or you are acquitted, you may qualify for an expunction. Completing deferred adjudication may allow you to seek an order of nondisclosure.
Protect Your Name and Your Record
A theft accusation can follow you for years. Let’s talk about how to resolve it the right way.
469-895-6555 Law Office of Al Rowland, PLLC6160 Warren Pkwy Ste. 100
Frisco, TX 75034
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