Theft And Other Property Crimes

            Crimes against property in Texas include Arson, Criminal Mischief, Criminal Trespass, Fraud, Forgery, and Robbery among others.  They all involve either taking or damaging the property of another without their consent in some form, and all result in serious and long lasting consequences if you are convicted.  If you are arrested for theft, criminal mischief, fraud, forgery or another property crime in San Antonio or the surrounding counties, call me right away so we can discuss what you need to do next.

            The elements of a Theft in Texas are as follows:

1. The offender has unlawfully appropriated property

2. with the intent to deprive the owner of property.

           Property is unlawfully appropriated with the intent to deprive in more than just the standard manner of leaving a store without paying or picking a pocket.  For example, if you walk around a store with merchandise in a cart and requesting a refund for it based on a forged receipt, you have committed theft.  Even though you never left the store with the merchandise, it is still enough for the prosecution to allege that you have committed a theft.  To successfully defend a theft, you must attack one or both of the elements of the crime, and you must start early to build a solid defense.  As with any crime, the first step is for you to contact an attorney.  Do not try to contest a theft charge alone.     

          Theft, as well as several other property crimes like theft by check and criminal mischief, is assigned a punishment level based on the value of the property involved.  Here is a quick reference chart:

Class C Misdemeanor

•               Value of property stolen is less than $50

•               Value of property stolen is $20 and the defendant obtained the property by issuing or passing a fraudulent check

Class B Misdemeanor

•               Value of property stolen is $50 or more but less than $500

•               Value of property stolen is $20 or more but less than $500 and the defendant obtained the property by issuing or passing a fraudulent check

Class A Misdemeanor

•               Value of property stolen is $500 or more but
               less than $1,500

State Jail Felony

•               Value of property stolen is $1,500 or more but less than $20,000

•               Property stolen is a firearm

•               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

•             Property stolen is aluminum, bronze, or copper wire and value is less than $20,000

Third-Degree Felony

•               Value of property stolen is $20,000 or more but less than $100,000

Second-Degree Felony

•               Value of property stolen is $100,000 or more
              but less than $200,000

First-Degree Felony

•              Value of property stolen is $200,000 or more

 

Regardless of the level, you need competent representation to defend you if you are charged with a property crime in San Antonio and the surrounding counties.  Call me today- I can answer your questions in your free initial phone consultation.

 

Shawn Smith is an experienced Criminal Defense attorney serving the counties of Bexar, Guadalupe, Hays, Comal, Wilson and more.  Call today for your free consultation, available nights and weekends for your convenience.