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Being charged with a theft crime can be a terrifying and confusing experience. If you are reading this, you are likely feeling worried about your future, your job, and your reputation in the community. The legal system can feel like a maze, especially if you have little knowledge about the laws that govern theft in Texas.
It is important to remember that a charge is not a conviction. Every person has the right to a defense. The goal of a criminal defense lawyer in Brownwood, TX is to look closely at every detail of your case and challenge the claims made by the prosecution.
The sooner a strong defense is established, the better your chances of achieving a positive outcome will be. Contact the experienced and compassionate legal team at Woodley & Dudley to schedule a consultation right away. Contact us at (325) 246-3250 or complete our secure online form today.
What Does "Theft" Mean Under Texas Law?
Before we talk about defenses, it helps to know what the law says you are being accused of. In the simplest terms, theft in Texas involves taking someone else's property without their effective consent. Crucially, the prosecution must also prove that when you took the property, you had the specific intent to deprive the owner of it.
"Deprive" means to withhold the property permanently or for a sufficiently long time that the owner loses a significant value of the property. This is why even seemingly small factors, like your state of mind at the time, become vital parts of your defense. A good defense focuses on breaking down the prosecutor's ability to prove every single one of these elements beyond a reasonable doubt.
The Core Defenses: Challenging the Prosecution's Case
A skilled legal team will focus on defenses that address the core elements of the crime: the taking, the lack of consent, and the intent to deprive. These arguments are often based on your state of mind or the facts as you understood them.
Lack of Intent: It Was an Honest Mistake
This is one of the most common and powerful defenses against a theft charge. The law requires the prosecutor to prove you intended to steal. If you can show that you simply made an error, the element of intent is missing.
Examples of this defense include:
- Accidental shoplifting: You put an item in a bag or coat pocket while shopping and honestly forgot it was there when you walked out.
- Borrowing without asking: You took an item thinking you would return it later, which shows a lack of intent to deprive the owner permanently.
- An accounting mistake: In a business setting, an alleged theft might simply be a clerical or bookkeeping error, not a deliberate crime.
Mistake of Fact: I Thought I Had the Right
The defense of "Mistake of Fact" is used when you genuinely believed that you had a right to possess the property. Your belief, even if it turned out to be wrong, eliminates the criminal intent needed for a theft conviction.
For example, you might believe:
- The property was yours: You mistakenly picked up a suitcase at the airport that looked exactly like yours.
- The item was abandoned: You saw an item left on the curb and believed the owner had discarded it.
- You had permission: Someone else told you that the property owner agreed to let you take the item.
Challenging the Evidence and Procedure
A comprehensive defense does not only rely on your story; it also examines how the authorities gathered their evidence. The U.S. Constitution guarantees you certain rights, and if the police violated those rights during their investigation, crucial evidence might be kept out of court. This is often described as a "fierce" legal strategy.
Constitutional Violations
Suppose the police violated your Fourth Amendment rights against unlawful search and seizure. In that case, your lawyer may challenge the admissibility of the evidence. For example, suppose the police searched your car without probable cause or a valid search warrant. In that case, anything they found might be excluded from the trial. This kind of challenge can sometimes weaken the prosecution's case so severely that the charges must be dropped.
Mistaken Identity
In many theft cases, especially those involving surveillance or eyewitness testimony, the defendant may simply be the wrong person. Eyewitnesses are often under stress and can make errors when identifying a suspect. A defense attorney can challenge the reliability of the identification through:
- Cross-examination of the witness.
- Alibi evidence showing you were somewhere else at the time of the alleged crime.
- Reviewing grainy video footage or other physical evidence that casts doubt on the identification.
The Importance of Experienced Legal Counsel
The best legal defense for a theft charge is a dedicated and experienced defense team. Facing the criminal justice system alone can feel like an impossible task. Whether the defense involves demonstrating a lack of intent, proving a mistake of fact, or challenging the manner in which law enforcement handled the investigation, you need someone on your side who understands the law.
If you are facing a charge, you need a full defense strategy that covers all aspects of criminal defense. A criminal case in Brownwood, TX, requires a thorough understanding of local court procedures and Texas statutes. An experienced legal team can navigate the courtroom and fiercely advocate for your rights, while also showing you the compassion you deserve during a difficult time.
Get Experienced Legal Help in Brownwood, TX
A theft charge is serious, but you do not have to face it alone. At Woodley & Dudley, we understand the law and the profound impact these charges have on your life. We are committed to providing experienced, fierce, and compassionate legal representation to the people of Brownwood and the surrounding Central Texas communities.
Do not let fear dictate your next step. Take action now by contacting an experienced criminal defense lawyer in Brownwood, TX. Call us at (325) 246-3250 or visit our website to start building your defense today: Contact Woodley & Dudley