Theft Attorney in Midland

Former Prosecutor. Federal Court Licensed. A Dismissed 3rd-Degree Felony Theft on Record.

A theft charge in Texas carries consequences that reach well beyond the courtroom. Even a misdemeanor conviction is classified as a crime of moral turpitude under Texas law, which can close doors to employment, housing, and professional licensing long after any sentence is served. At Eckman Law Firm, PLLC, I defend clients facing theft charges throughout Midland and the Permian Basin, from first-time shoplifting matters to felony-level cases and charges that escalate to federal court.

Texas prosecutes theft under a single unified statute, Tex. Penal Code §31.03, covering everything from shoplifting and theft by deception to theft of services, receiving stolen property, and embezzlement. The classification of the charge depends primarily on the value of property involved, and Midland County prosecutors pursue cases at every level. Don’t assume a low-value charge will resolve itself. Call Eckman Law Firm, PLLC at (432) 223-9427 for a free phone consultation to discuss where your case stands.

How I Defend Theft Cases in Midland

Every theft case begins with a thorough evaluation of the facts, the evidence, and the prosecution’s theory. One of the most consequential details is often property valuation. Under Texas law, the line between a Class B misdemeanor and a Class A misdemeanor runs at $750. A one-dollar difference in the prosecution’s valuation changes the penalty tier. I challenge those valuations directly when the evidence supports it.

Intent, Investigation & Defense Strategy

Beyond valuation, intent is a central defense element. Theft under Tex. Penal Code §31.03 requires proof of intent to deprive the owner of property. Misidentification, mistaken ownership, and absence of that intent are all viable defense angles depending on the circumstances. When the facts call for it, I’ll retain a private investigator to dig deeper into what the prosecution’s evidence actually shows.

My background as a former Assistant Criminal District Attorney for Bexar County gives me direct insight into how prosecutors assess and build theft cases. I know what they look for, where cases are weak, and what arguments carry weight in negotiation and at trial. Prior theft convictions can also enhance a current charge, elevating even a low-value matter to a state jail felony with two or more priors, so I account for criminal history from the start.

Pretrial Diversion & Deferred Adjudication

For eligible first-time offenders, I evaluate pretrial diversion, which may result in dismissal upon completion of program requirements. Deferred adjudication is available in some cases and can allow a defendant to avoid a conviction on their record. These aren’t automatic outcomes, but they’re avenues I actively pursue when a client qualifies.

Credentials That Matter for Theft Defense in Midland

Theft charges don’t always stay in state court. Wire fraud, identity theft, and theft involving federal agencies or across state lines can bring federal charges. I’m licensed to practice in the Western, Northern, and Southern Districts of Texas and before the U.S. Court of Appeals for the Fifth Circuit. Victoria Eckman is licensed in the Western and Northern Districts of Texas. When a case escalates, we don’t need to hand it off.

My experience includes a federal law clerkship under U.S. Magistrate Judge David Counts in the Western District of Texas from 2012 to 2014, which gave me a firsthand view of how federal proceedings work from the bench’s perspective. That background informs how I read a case and anticipate how a court will evaluate it.

The firm has a documented result: a 3rd-Degree Felony Theft case dismissed. Every case turns on its own facts, but that result reflects what aggressive, informed defense work can accomplish.

Effective courtroom advocacy also requires the ability to communicate clearly and persuasively to a jury. My degree in Acting from Texas State University and performances at the Kennedy Center aren’t incidental. They translate directly into how I present a case when it goes to trial.

Texas Theft Penalty Tiers Under Tex. Penal Code §31.03

Texas classifies theft by the value of the property involved. Where a charge falls determines what’s at stake and what defense strategy makes sense.

Misdemeanor theft tiers:

• Class C Misdemeanor: Property valued under $100; fine only, up to $500
• Class B Misdemeanor: Property valued $100 to $749; up to 180 days in jail and a $2,000 fine
• Class A Misdemeanor: Property valued $750 to $2,499; up to one year in jail and a $4,000 fine

Felony theft tiers:

• State Jail Felony: Property valued $2,500 to $29,999; 180 days to two years and up to a $10,000 fine
• Third-Degree Felony: Property valued $30,000 to $149,999
• Second-Degree Felony: Property valued $150,000 to $299,999
• First-Degree Felony: Property valued $300,000 or more; up to 99 years in prison

Several circumstances trigger enhancements regardless of value. Two or more prior theft convictions can elevate a current charge to a state jail felony. Theft targeting a person aged 65 or older or a nonprofit organization moves the charge up one tier, as does theft by a public servant or government contractor involving property that came into their control through that role. Theft of a firearm or catalytic converter is at minimum a state jail felony. These enhancements make prior criminal history a critical factor in how I approach every case.

Misdemeanor theft carries a two-year statute of limitations. Felony theft carries five years under Texas law.

Frequently Asked Questions

What Should I Do If I’m Charged with Theft in Midland, TX?

Contact a theft attorney before making any statements about the case. Anything said to police, store security, or other parties can be used against you. At Eckman Law Firm, PLLC, I can review the facts, identify your strongest defense options, and explain exactly what you’re facing. Call for a free phone consultation as soon as possible.

What Penalties Can I Face for a Theft Conviction in Texas?

Penalties range from a fine-only Class C misdemeanor up to a first-degree felony carrying up to 99 years in prison, depending on the value of property and your prior record. Misdemeanor convictions can still result in jail time and lasting collateral consequences, including barriers to employment, housing, and professional licensing. Prior theft convictions can enhance a current charge to a higher tier, which is why early representation matters.

How Is Theft Defined Under Texas Law?

Texas doesn’t use separate larceny offenses. Under Tex. Penal Code §31.03, theft means unlawfully appropriating property with intent to deprive the owner of it. The statute covers taking, concealing, and receiving stolen property, as well as theft by deception, where false representations are used to obtain property. Texas also prosecutes theft of services based on the value of services taken rather than physical property. Which variation applies to your situation shapes the entire defense.

Why Does Choosing a Local Attorney Matter?

Midland County has its own prosecutorial priorities, and knowing how the local District Attorney’s office evaluates theft cases at different charge levels informs every strategic decision. My time as a prosecutor and my practice in Midland give me a realistic picture of what arguments carry weight in this jurisdiction, which cases may be more likely to resolve favorably, and where the prosecution’s position may be vulnerable. That local knowledge isn’t something a general familiarity with Texas law can replace.

Can My Charges Be Reduced or Dismissed?

Depending on the circumstances, yes. Factors that can support reduction or dismissal include procedural errors in the arrest or search, insufficient evidence, disputed property valuation, a lack of provable criminal intent, and first-offender eligibility for pretrial diversion. The firm has a documented result of a 3rd-Degree Felony Theft case dismissed. Every case is different, but early intervention creates the most options.

Schedule a Free Consultation with a Midland Theft Attorney

If you’re facing theft charges in Midland, the decisions you make now affect what options remain later. Engaging defense counsel early, before charges are formally filed or immediately after arrest, opens the most strategic avenues for your case. I offer a free phone consultation to review your situation, explain the charges, and outline a realistic path forward.

Contact Eckman Law Firm, PLLC at (432) 223-9427 or reach out online to schedule your free consultation today.