Theft & Property Crimes

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Theft and Property Crime Defense in Temple, Texas

Attorney Frank Cimino · Serving Temple, Bell County and Central Texas

A theft conviction can follow you for years. Employers, landlords, and licensing boards often see theft as a crime of dishonesty, so even a misdemeanor can close doors. Attorney Frank Cimino defends people charged with theft and property crimes in Temple and throughout Central Texas.

Property Crimes We Handle

• Shoplifting and theft
• Theft of property, money, or services
• Burglary of a vehicle, building, or home
• Fraud and forgery
• Credit and debit card abuse
• Criminal mischief (property damage)

How Theft Charges Are Graded

In Texas, the level of a theft charge depends largely on the value of the property. Theft of property worth less than $100 is a Class C misdemeanor, while higher values can be charged as felonies. Prior theft convictions can also raise the charge. Burglary is charged differently, based on the type of place entered and what the State says you intended to do there.

Building Your Defense

• Whether the State can prove you intended to steal
• Whether the property was valued correctly
• Identification and video evidence
• Mistakes and misunderstandings
• Options such as restitution or pretrial diversion that may help keep a conviction off your record

This is one part of Frank’s criminal defense practice, which also includes DWI, assault, and other misdemeanor and felony cases.

Theft Cases in Bell, Coryell and McLennan Counties

Frank represents people charged with shoplifting, theft, burglary, fraud and other property crimes in Bell, Coryell and McLennan counties. Many shoplifting cases in Temple and Killeen start at large retail stores, where loss-prevention staff hold a person until police arrive. Misdemeanor theft cases are heard in the county courts, and felony cases in the district courts in Belton, Gatesville or Waco.

What Happens After a Theft Arrest in Temple or Killeen

Low-level theft may lead to a citation instead of an arrest, but you still have to appear in court. For more serious cases, you will see a magistrate who sets bond. Stores may also send a civil demand letter asking for money. That letter is separate from the criminal case, and paying it does not make the criminal charge go away.

Early in the case, Frank looks at the store video, the loss-prevention report, how the value of the property was figured and any statements you made. Because the value decides the level of the charge, getting that number right can move a case from a felony to a misdemeanor.

Theft Questions and Answers

Is shoplifting a felony in Texas?

Usually not. Theft of property worth less than $2,500 is generally a misdemeanor, but it can become a felony with two or more prior theft convictions or when the value is $2,500 or more.

Can I get a theft charge off my record?

Often, yes. If your case is dismissed, you are found not guilty or you complete certain programs, you may qualify for an expunction. Some people who complete deferred adjudication may qualify for an order of nondisclosure. See our page on expunctions and nondisclosures.

Why does a theft conviction matter so much?

Theft is considered a crime of moral turpitude, which employers and licensing boards take seriously. It can also affect immigration status and security clearances, so avoiding a conviction is often the main goal.

What if I intended to pay?

Intent is a key element of theft. If the evidence shows a mistake, such as forgetting an item in a cart, that can be a strong defense.

Should I pay the store’s civil demand letter?

Talk to a lawyer first. Paying it does not resolve the criminal case, and what you say in writing to the store can be used as evidence.

This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship.