Do Prior Theft Convictions Affect the Outcome of Your New Charge in Fort Worth?

In Fort Worth, Texas, facing a theft allegation is a dire situation that necessitates carefully weighing several variables, including any past criminal history. If you are in a similar situation, you might wonder how a theft conviction from the past might affect your current case.

Remember, Fort Worth theft criminal lawyers are available to help people navigate the judicial system and protect their legal rights.

Anyone facing a new theft allegation should know the effects of past convictions and how they could affect sentences, plea bargaining, and defense tactics. This post will review the specifics of how previous theft convictions may impact the result of your current charge. Read on.

You and the “Habitual Offender” Law

Texas has a statute known as the habitual offender statute that is officially known as the “three-strikes” law. The penalties for repeat offenders—including those with prior stealing convictions—are enhanced by this law. The impact’s severity is determined by:

  • The amount that was stolen: The value of the stolen object determines the type of theft. Thefts of lesser value are usually misdemeanors, whereas those of greater value are considered serious crimes.
  • The quantity and kind of your previous convictions for theft: A misdemeanor with one past conviction may be upgraded to a more serious misdemeanor. A misdemeanor with two or more prior convictions may be converted to a felony.

Recognizing the Repercussions

Here is how your current Fort Worth theft charge may be impacted by past theft convictions:

First theft offense: If the stolen item is valued at less than $750, the first offense is often classified as a Class C misdemeanor, with a maximum fine of $2,000.

First offense with prior theft conviction: Should you have previously been convicted of theft and are discovered stealing under $750 once again, your charge could rise to a Class B misdemeanor. This has a possible 180-day jail sentence and a larger fine.

Second theft offense: If the stolen goods are between $750 and $2,500, it is usually considered a Class A misdemeanor. Its maximum sentence is one year in jail and a maximum fine of $4,000.

Second charge with prior stealing conviction: If you have a history of stealing, a second theft charge (worth between $750 and $2,500) may be prosecuted as a state jail felony. A state jail felony has a stiff fine and a prison time of two years.

Developing a Robust Defense Plan

It is important to remember that you still have the right to a fair trial and solid legal representation, even in the face of difficulties brought on by previous theft convictions. Fort Worth’s criminal attorneys specializing in theft have experience with cases involving recurrent offenses. They can help with:

Challenging Evidence: Your lawyer can examine the evidence against you and search for any discrepancies or weaknesses that can poke holes in the prosecution’s case. This could entail scrutinizing surveillance footage, casting doubt on witness accounts, or contesting the legitimacy of searches and seizures.

Negotiating Plea Agreements: Reaching a reasonable plea agreement is still possible despite past convictions. Your attorney may fight for you to get the prosecution to drop some charges or agree to a lighter sentence.

Examining Mitigating Considerations: To mitigate the effects of your past convictions, your attorney may also submit mitigating considerations to the court. This could be showcasing attempts at recovery, expressing regret for previous deeds, or emphasizing constructive contributions to the community.

Looking for Alternative Sentencing Options: Your Fort Worth theft criminal lawyers can look for alternatives to jail that prioritize rehabilitation in certain situations. This can be paying back victims’ reparations, participating in treatment programs, or performing community service.

Don’t Take On Theft Charges Alone

It can be very intimidating to be charged with theft, particularly if you have a past conviction. Criminal attorneys in Fort Worth who specialize in theft cases know Texas law and can effectively represent you.

They strive to get the best result for your case, fight to defend your rights, and investigate your choices.

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