Legal Defenses to Theft and Fraud Charges in Texas

Being charged with theft or fraud in Texas can carry serious consequences—from hefty fines and jail time to a permanent criminal record that affects employment, housing, and professional licenses. But a criminal charge is not the same as a conviction. Texas law provides multiple pathways to defend against theft and fraud allegations.

This guide explains the most common legal defenses available in Texas theft and fraud cases, from proving lack of intent to suppressing unlawfully obtained evidence. Whether you're a first-time offender or facing a serious felony, understanding your legal options is the first step toward protecting your rights.

The Role of Intent in Theft and Fraud Cases

Texas Penal Code § 31.03 requires prosecutors to prove that the defendant acted with "intent to deprive" another of property unlawfully. For fraud under § 32.51, intent to deceive or defraud is key. As explored in Lack of Intent to Steal: A Key Defense Strategy, if your attorney can show that you lacked criminal intent—for example, you believed the property was yours—you may be acquitted or have your charges reduced.

Consent and Ownership Disputes

In Consent and Ownership Disputes in Theft Cases, we explored how a defense can be built around a misunderstanding about ownership. If the defendant had reason to believe they had the owner's permission or claim to the property, there is no "unlawful appropriation."

For instance, borrowing a vehicle with a friend's informal okay, or removing items from a jointly owned property, may not constitute criminal conduct under Texas law.

Mistaken Identity and Wrongful Arrests

Eyewitness misidentification is a leading cause of wrongful arrests. In Mistaken Identity in Theft and Fraud Arrests, we explain how similar physical descriptions, poor-quality surveillance footage, and racial bias can lead to an innocent person being charged.

Evidence such as alibis, time-stamped receipts, GPS records, and testimony from credible witnesses can help disprove the prosecution's identification.

Digital and Document-Based Fraud Cases

Modern fraud cases often involve email scams, forged digital documents, or unauthorized financial transfers. In Challenging Digital or Document-Based Fraud Evidence, we break down how attorneys can challenge the reliability and admissibility of this type of evidence.

A defense may involve questioning the chain of custody for a computer or smartphone, exposing authentication failures, or showing that someone else had access to the device.

Fourth Amendment Defenses: Illegal Search and Seizure

Under both the U.S. Constitution and Article I, Section 9 of the Texas Constitution, defendants have the right to be free from unreasonable searches and seizures. In Illegal Search and Seizure in Theft Investigations, we explain how improperly obtained evidence (e.g., seized from a car or home without a warrant) can be suppressed.

If the search violated legal requirements, the evidence—even if it points to guilt—cannot be used in court.

Suppressing Evidence at Trial

Building on the prior point, Suppressing Evidence in Property Crime Trials walks through the motion to suppress process. Your attorney may argue to exclude statements, physical items, or digital data on the grounds that:

• They were unlawfully obtained
• The chain of custody was broken
• Miranda rights were not read
• They are unduly prejudicial

Winning a suppression motion can cripple the prosecution's case.

Entrapment: When Law Enforcement Crosses the Line

In some sting operations, police or informants may go too far—pushing someone into committing a crime they wouldn’t otherwise consider. In Entrapment in Financial and Cyber Fraud Cases, we detail how entrapment is a viable defense when a defendant is induced by law enforcement to break the law.

Texas uses an objective standard: would the conduct of law enforcement likely cause an ordinary person to commit the offense? If so, the charges may be dropped.

Procedural Errors: A Technical Defense

Sometimes the best defense is not about what happened, but how the case was handled. In Procedural Defenses: Errors in Arrest or Charging Documents, we explore how defective complaints, arrest without probable cause, or misfiled paperwork can create legal grounds for dismissal.

If the State violates due process, a judge may dismiss the case outright—regardless of the facts.

Using a Plea Bargain to Reduce Exposure

In many cases, a plea deal is the most practical resolution. In Using a Plea Bargain to Reduce Theft or Fraud Charges, we explain how a defendant may plead guilty to a lesser charge or receive probation instead of jail time.

Plea deals are negotiated based on the strength of the evidence, criminal history, restitution, and cooperation with investigators. A strong legal defense can improve the terms dramatically.

Deferred Adjudication: A Second Chance Option

If you're eligible, Deferred Adjudication: A Second Chance Option allows you to avoid a formal conviction. You plead guilty or no contest, complete court-supervised probation, and the court dismisses the case upon successful completion.

This option is ideal for first-time offenders and those seeking to protect their criminal record. After the waiting period, you may also be eligible for a nondisclosure order to seal the record.

Final Thoughts

No matter what theft or fraud charge you're facing—shoplifting, credit card abuse, embezzlement, wire fraud, or cybercrime—you have rights and options under Texas law. Defenses like lack of intent, consent, mistaken identity, entrapment, and suppression of evidence can all play pivotal roles in the outcome of your case.

Just as importantly, understanding procedural defenses and diversionary programs like deferred adjudication can help you avoid the worst outcomes.

Call to Action

Don’t wait until your court date to start defending yourself. Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ for a confidential consultation. With the right strategy, one mistake doesn’t have to define your future.

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