Thursday, July 19, 2012

Texas Penalties for the Crime of Theft

Under Texas law the crime of theft—though certainly a criminal charge—can be rather broad. The crime of theft can encompass taking something from a retail store to writing bad checks or accepting property you know to be stolen. The penalties for the crime of theft will depend largely on the worth of the item which is unlawfully taken—you could pay a simple fine or could end up in prison for a significant length of time. Texas law defines the crime of theft as stealing another’s property without their express consent. This taking of another’s property could be through trickery or by actually taking that property. Should you give the stolen property to another or even return it later in a fit of guilt, you will still have committed theft—you must only keep the property for a sufficient amount of time to deprive the owner of its relative value.

In order to file charges of theft against you, law enforcement or prosecution must show you acted with criminal purpose. This means you were aware the item you took belonged to another person, you did not have consent form the owner to take the item and you either have or had physical possession of that item. The police will attempt to prove your actions reached criminal intent through such measures as physical evidence, statements from witnesses or even video footage from a security camera.

Various Types of Misdemeanor Theft Under Texas Law

Persons who knowingly pay for an item by writing a check on an account which is either closed or doesn’t have sufficient funds in it to cover the check have committed the crime of theft under Texas criminal law. Should you inadvertently bounce a check you have ten days to reimburse the merchant or you could be charged with theft. Taking any item from a store with no intention of paying for it could result in charges of shoplifting. This includes switching the tag from a less expensive item and placing it on a more expensive item, paying the lower price at checkout.

A person who takes an item from another without permission has committed the crime of general theft. This type of theft could encompass grabbing an elderly woman’s purse, stealing copper pipes from a construction site you work at, stealing a ten dollar bill from the cash register at the restaurant where you wait tables or taking an item from your neighbor’s front yard. Likewise, accepting or purchasing stolen property from another when you had reason to believe the person selling or giving it to you was not the rightful owner could also result in theft charges being filed against you. Embezzlement from your place of employment or theft of services—stealing a non-physical item—could also result in prosecution for theft.

Texas Penalties for Theft

Penalties for theft under Texas law are largely dependent upon the value of the stolen property. A Class C misdemeanor will be charged if the property stolen is valued at less than $50. In this case a conviction for such a crime will likely bring only a fine—and a blemish on the person’s record. If the value of the property stolen is more than $50 but less than five hundred, the crime becomes a Class B misdemeanor which could bring the convicted person six months in the county jail in addition to the fines. Finally, when stolen property is valued over $500 but less than $1,500 it becomes a Class A misdemeanor bringing fines of up to $4,000 and up to a year in the county jail. Stolen property over the amount of $1,500 but less than $20,000 becomes a state jail felony charge with up to $10,000 in fines and up to two years in a state jail. Stealing property valued over $20,000 but less than $100,000 will be charged as a third-degree felony and could bring 2-10 years in a state prison and a fine up to $10,000. Stealing items over the amount of $100,000 but less than $200,000 is considered a second degree felony and can land the person convicted in state prison for as much as 20 years. Finally, the most serious of theft convictions involves stealing items worth more than $200,000 and is a first degree felony. A conviction for a first degree felony of theft brings 5 years to life in a state prison and a fine up to $10,000. Those with prior theft convictions may find their punishment enhanced regardless of the monetary value of the item they stole this time. The theft of certain items—firearms, copper or aluminum—are considered felonies regardless of the actual value of the item.

Civil Penalties

While a criminal conviction for shoplifting would be bad enough, that might actually not be the end of your troubles. While a conviction for theft will often require restitution to the victim Texas also operates under the Texas Theft Liability Act which allows victims of theft to sue the person who took their property. These civil suits are most often used in shoplifting cases; the person convicted of the theft receives a letter which demands not only payment for the stolen item but all costs related to recovery.

Getting the Help You Need

It is incredibly important that you not attempt to face criminal or civil charges of theft without first speaking to a Houston criminal defense attorney with a solid background in defending clients who have committed the crime of theft. Don’t make the mistake of believing theft is a crime not worthy of hiring an attorney. The consequences for a theft conviction are far-reaching and could alter your future forever.

Author: Sullo & Sullo Attorneys

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