Theft by Diminished Capacity?


What is Theft by Diminished Capacity?

Texas Law States that consent cannot be given by a person with diminished capacity. Further, consent is not effective, even when its given, by a person with diminished Capacity.

The Main Elements that Prosecutors will have to prove in a case like this are: (1) the victim had diminished capacity at the time of the taking, and (2) the alleged perpetrator knew it.

Medical Testimony or Layperson Testimony may establish that the alleged perpetrator knew the victim had diminished capacity.

Sadly, it does not take very much for an innocent person to find themselves in very big legal trouble. Therefore, it’s extremely important for someone, who’s being investigated by APS or Law Enforcement, to contact an attorney immediately. Please remember that your words are evidence!!

Please always remember, if you are in this situation, It is your right to say that you would like to consult an attorney.  We want to help the whole family in these situations against the District Attorney’s office and APS. Both of these entities will try and create sides and separate your family. Please call our office before doing anything or talking to anyone, 817-617-8058, or email at

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