Austin Theft Lawyer

Defense Strategy for Theft and Fraud Cases

When defending a theft or fraud case, I carefully examine the elements of the alleged offense for points of weakness. There may be factual issues related to my client’s intent to possess the property or consent to use the property. The value of the property may be in dispute or difficult to determine. The prosecutor may not have reliable evidence of my client’s identity, or may have to link together a long paper trail in order to prove an offense. In the appropriate case, we may offer monetary restitution to gain a dismissal or a reduction in the offense level.

Theft and Fraud Law

The Texas theft statutes specify several types of theft, each with its own definition and punishment range. "Theft by appropriation" encompasses ordinary theft offenses such as shoplifting, in which personal property is stolen. "Theft of service" involves securing a service with no intent to make payment, or holding a rental item beyond the agreed rental period. "Theft by check" involves purchasing goods or services by passing a check with knowledge that the bank account is closed or has insufficient funds. Since theft is a crime of moral turpitude, it is important to try to avoid a conviction for theft. Travis County has a pre-trial diversion program that may enable a qualified misdemeanor defendant to avoid a conviction. The fraud statutes cover theft-related conduct like forgery and credit card abuse, as well as criminally deceptive business practices and bribery.