Fort Worth/Dallas Theft Defense Lawyer

There are many different theft crimes under both state and federal law. The Texas Penal Code has an entire section devoted to crimes against property. Under Texas law, a person commits the offense of theft if the person “unlawfully appropriates property with intent to deprive the owner of property.” Other offenses categorized as crimes against property in Texas include Theft of Service, Theft of Trade Secrets, Theft by Check, Unauthorized Use of a Vehicle, Tampering with Identification Numbers, Possession/Manufacture/Distribution of Certain Instruments Used to Commit Retail Theft, Organized Retail Theft, and the Unauthorized Acquisition or Transfer of Certain Financial Information. Not all theft crimes are created the same, and a skilled defense attorney may be able to negotiate settlements with the State that could transform a felony theft into a misdemeanor charge. If you or a loved one is facing a theft charge in the Metroplex, then you should take it seriously. Contact Fort Worth/Dallas theft defense lawyer David Owens.

Penalties for Theft in Texas

The consequences of a theft conviction in Texas can be significant and can haunt you for the rest of your life. Theft can be classified as either a misdemeanor or felony, depending on the value and character of the property alleged to have been stolen. The penalties a defendant faces if convicted of theft also depend on the value of the property stolen and the specific circumstances of the theft. Charges can range from a Class C misdemeanor to a first-degree felony. If you have a previous theft conviction, then charges can automatically become more severe, or if certain property is stolen (such as firearms), then the law requires mandatory felony charges. Felony crimes are dealt with very seriously in the state of Texas, and it would be disastrous not to have an experienced Fort Worth/Dallas criminal defense lawyer on your side who really knows criminal law. Texas Penal Code § 31.03(e) provides that theft is:

(1) A Class C misdemeanor if the value of the property stolen is less than:

(A) $50; or

(B) $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;

(2) A Class B misdemeanor if:

(A) The value of the property stolen is:

(i) $50 or more but less than $500; or

(ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;

(B) The value of the property stolen is less than:

(i) $50 and the defendant has previously been convicted of any grade of theft; or

(ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or

(C) The property stolen is a driver’s license, commercial driver’s license, or personal identification certificate issued by this state or another state;

(3) A Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;

(4) A state jail felony if:

(A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $20,000;

(B) Regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;

(C) The property stolen is a firearm, as defined by Section 46.01;

(D) The value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;

(E) The property stolen is an official ballot or official carrier envelope for an election; or

(F) The value of the property stolen is less than $20,000 and the property stolen is:

(i) Aluminum;

(ii) Bronze;

(iii) Copper; or

(iv) Brass;

(5) A felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is:

(A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or

(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000;

(6) A felony of the second degree if:

(A) The value of the property stolen is $100,000 or more but less than $200,000; or

(B) The value of the property stolen is less than $200,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or

(7) A felony of the first degree if the value of the property stolen is $200,000 or more.

The law also provides that theft classified as anything other than a felony of the first degree is increased to the next higher category of offense (i.e., a Class A misdemeanor becomes a state jail felony, a state jail felony becomes a felony of the third degree, etc.) if it is shown at trial that:

· The thief was a public servant at the time of the theft, and the property appropriated came into the thief’s custody, possession or control by virtue of the thief’s status as a public servant;

· The thief was in a contractual relationship with government at the time of the theft, and the property appropriated came into the thief’s custody, possession or control by virtue of the contractual relationship;

· The owner of the property appropriated was (at the time of the theft) an elderly individual or a nonprofit organization;

· The thief was a Medicare provider in a contractual relationship with the federal government at the time of the theft, and the property appropriated came into the thief’s custody, possession or control by virtue of the contractual relationship; or

· During the commission of the theft, the thief intentionally, knowingly or recklessly:

– caused a fire exit alarm to sound or otherwise become activated;

– deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or

– used a shielding or deactivation instrument to prevent or attempt to prevent detection of the theft by a retail theft detector.

Federal theft crimes can be punishable by a fine, restitution and/or prison time. Many white-collar and fraudulent crimes are investigated and prosecuted by the federal government. Attorney David Owens understands the anxiety a client accused of theft is going through and works aggressively to defend the client’s rights in theft cases.

Fort Worth/Dallas Criminal Defense Attorney for Theft Crimes

The Owens Law Firm puts the client’s needs above all else and works diligently and compassionately to get results. We may be able to produce an outcome in a theft crimes case that you didn’t think possible for you or someone you care about. If you even suspect that you are or have been involved in some sort of theft, then contact a lawyer immediately. The sooner you act to retain counsel and find out your legal rights, options and responsibilities, the better a position you will be in.

Having a theft defense lawyer to help you navigate through the process associated with your theft arrest can make an essential difference in the outcome of your case. We will aggressively pursue your interests and help guide you through this difficult process. David Owens is a former prosecutor who understands the criminal legal process and will do everything possible to secure the best outcome possible in your case. To discuss your case with a Fort Worth/Dallas theft crimes defense attorney, please contact The Owens Law Firm at (817) 860-8888 or contact us through e-mail.