"Accidental" Theft in Texas

Prosecutors want defendants to believe that under Texas law, there is no such thing as accidental theft. However, the issue is not as simple as they would like you to assume. Some people do, in reality, take items without realizing it. If you are in this situation, you need to have a Sugar Land criminal attorney in your corner to ensure that your defense is properly heard.

Theft in Texas

The crime of theft and its penalties are outlined in the Texas Penal Code, Title 7, Chapter 31. Whether theft charges are brought to trial as a misdemeanor or felony, the burden of proof is on the prosecution to prove intent, which, in legal terms, is called mens rea. Merely walking out of a shop with an item that wasn't purchased does not constitute intent, and therefore may not be theft under the law.

Your Sugar Land criminal attorney knows that sometimes a client is charged with a crime when he or she truly had no intent to commit theft. A mother may be distracted by her children and forget to pay for an item; a couple may walk out of a shop, both thinking that the other paid for the merchandise; a child may pick up a toy and place it in the shopping cart after other items were paid for.

Your attorney will assess how the incident occurred, and interview any witnesses who may be able to assist in your defense. All that needs to be done is your attorney must raise enough doubt in the minds of the jurors to prevent them from being able to convict you

For Legal Assistance

If you are facing theft charges, it is vital that you hire an experienced Sugar Land criminal attorney. Call John Venza to arrange a consultation today, at 281-971-5660.

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