Theft Attorney

When is Theft a Misdemeanor?

The punishment for someone convicted of theft is based on the stolen property’s value. If the property is less than $100, the offense is a Class C misdemeanor punishable by a fine of up to $500. Suppose the property is $100 or more but less than $750 or a person’s identification certificate or license. In that case, the offense is generally a Class B misdemeanor punishable by up to 180 days in jail and a fine of up to $2,000. If the property stolen is $750 or more but less than $2,500, the offense is a Class A misdemeanor punishable by up to a year in jail and a fine of up to $4,000.

When is Theft a Felony?

If the property stolen is $2,500 or more but less than $30,000, from a corpse or grave, a firearm, or an official ballot or carrier envelope for an election, or less than $20,000 but aluminum, bronze, copper, or brass, than the offense is a state jail felony punishable by up to two years in jail and a fine of up to $10,000. If the property stolen is $30,000 or more but less than $150,000, a controlled substance, or 10 or more sheep, swine, or goats, then the offense is a Third-Degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000. If the value is raised to $150,000 or more but less than $300,000 or an automated teller machine, then the offense is a Second-Degree felony punishable by 2 to 20 years in prison and a fine up to $10,000. Finally, if the property stolen has a value of greater than $300,000, then the offense is a First-Degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000. Additionally, several circumstances can raise the level of the offense, such as previous theft convictions, stealing from the elderly or a nonprofit organization, acting as a public servant when the property came into the actor’s possession as a result of his or her status as a public servant, and more.

What other Theft Charges Can be Brought in Texas?

Several other theft charges can be brought in Texas. If an individual intentionally issues a bad check without sufficient funds, they can be charged with theft by check. If an individual receives services they have no intent to pay for or receive following deception, threat, or false statements, they can be charged with theft of services. If an individual knowingly steals a trade secret, makes a copy of an article representing a trade secret, or communicates or transmits a trade secret, they can be charged with theft of trade secrets. If an individual knowingly or intentionally promotes or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of stolen cargo or cargo they’ve been told is stolen, they can be charged with cargo theft. These are just some of the charges that can be brought against individuals for committing theft in the state of Texas; however, various others criminalize other types of theft, from stealing electronically stored information to mail.

What is Considered Burglary in Texas?

In Texas, it is also a crime to enter into a habitation or building with the intent to commit a felony, theft, or assault. Burglary is typically a state jail felony punishable by up to 2 years in jail and a fine of up to $10,000. However, if it is committed at a habitation or a home, it is a Second-Degree felony punishable by 2 to 20 years in prison and a maximum fine of $10,000. Individuals can also be charged with burglary of a vehicle in Texas for breaking or entering into a vehicle with the intent to commit a felony or theft. Burglary of a vehicle is typically a Class A misdemeanor carrying a potential sentence of up to a year in jail and a fine of up to $4,000.

What is the range of punishment for Theft Charges in Texas?

As you can see, theft charges can range from a Class C misdemeanor to a First-Degree Felony, depending on the value of the property stolen, previous convictions, who the property is stolen from, and the circumstances surrounding the incident. A Class C misdemeanor is a fine-only offense with a maximum fine of $500, whereas a First-Degree felony carries a 5 to 99-year or life prison sentence and a fine of up to $10,000. However, with the help of an experienced theft attorney, you might be able to prove a justified defense such as consent or mistake, meaning there would be no punishment.

What are the Defenses to Theft Charges in Texas?

Trial strategy

Defense strategies can include attacking the prosecutor’s case-in-chief by arguing that the prosecution lacks proof to prove their case beyond a reasonable doubt. This can be done by proving a lack of evidence or contradictory evidence. In cases of theft charges, this is most commonly done by trying to prove the prosecution can’t pin the theft on the accused. Alternatively, a defendant could plead an affirmative defense, admitting the conduct, and providing a legal justification. In cases of theft, consent and mistake may be appropriate defenses depending on the circumstances.

Constitutional considerations

Finally, under the federal and Texas state constitutions, individuals have the right to be free from unreasonable searches and seizures. The Texas constitution protects the right to be free from illegal government searches and illegal searches by private individuals. If evidence of a crime was obtained during an illegal search and seizure, the evidence might be suppressed in court.

How do you Beat Theft Charges in Texas – Hire a Theft Attorney in Houston, TX Today

Consult with a theft attorney right away. Theft charges in Texas are very serious and can result in losing your livelihood and freedom. The attorneys at Walker & Taylor will provide experienced legal representation to help fight the charges. Contact the firm for a free case evaluation by calling (281) 668-9957 today!