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Property Crimes
Property | Theft Crimes Criminal Defense Lawyers
Relentless Defense Against Theft Crimes Allegations in Frisco, Carrollton, Collin, Denton & Surrounding Counties
In Texas, most crimes that pertain to property are usually distilled into the single, yet very broad category, of Theft. At Ridgely Davis Law, our Frisco Theft Crimes Attorneys are dedicated to providing a legal defense of the highest possible caliber to all individuals in Collin, Dallas, Denton and surrounding counties who have been accused of committing a range of property/theft offenses.
Theft offenses in Texas can range from as little as stealing a pair of sunglasses from a department shop to as serious as embezzling millions of dollars from a company. The punishments for stealing offenses vary according to the amount of the stolen objects or property, the criminal history of the individual committing the act, and the kind of property that was stolen.
In the state of Texas, many persons who are arrested for a theft charge have never been in trouble with the law before, and this might be their first time facing the real possibility of going to jail. This terrifying circumstance has the potential to convince many people to accept to a plea agreement, even if they are not guilty of the criminal allegations against them. If you have been arrested for a theft charge, you should consult with an experienced Theft Crimes Defense Attorney in Frisco, TX and Carrollton, Texas before spekaing with law enforcement or entering a guilty plea so that you may learn about your rights and possible defenses.
People who have been arrested and charged with property crimes in Collin, Dallas, Denton and surrounding counties are sometimes unaware that they have committed a significant criminal infraction that could constitute a form of Theft until after they have been taken into custody.
What Constitutes Theft in the State of Texas
A person commits the crime of theft in the state of Texas if they unlawfully take property with the intention of keeping the property from the person who is legally entitled to possess that item. The section of the Texas Penal Code that addresses offenses related to stealing is numbered as Section 31.03. This definition is a more convoluted way of expressing that you take something that belongs to someone else, and you don’t have their agreement or any other legal justification for doing so. The basic idea is the same, though: you take something that belongs to someone else.
The following list, which is not inclusive, covers some of the different methods in which the state might charge instances involving theft:
- Basic Simple Theft: Theft of property or services valued at less than one hundred dollars is classified as a class C misdemeanor. This indicates that a person may be subject to a fine of up to $500.00; but, they will not be required to serve any jail time. Typically Shoplifting falls under this category within the Collin, Denton and Dallas County areas. This form of course is the easiest to resolve.
- Other Misdemeanor Theft: Theft of goods or services with a value between $100.00 and $750.00 is considered a class B misdemeanor in the state of Texas. The penalties for this violation include up to 180 days in prison and a fine of up to $2,000.00. Theft of goods or services with a value between $750.00 and $2500.00 is considered a class A misdemeanor, and the maximum penalties for this crime include up to 365 days in prison and a fine of up to $4000.00. Shoplifting could also be considered to fall under this category, depending on the number of items taken.
- Felony Theft: Theft of property or services with a value between $2500 and $30,000 is considered a State Jail Felony, which carries a potential sentence of up to 2 years in a state correctional facility as well as a fine of up to $10,000. Theft of property or services with a value ranging from $30,000 to $150,000 is considered a crime of the third degree, which carries a potential sentence of between two and ten years in prison as well as a maximum fine of $10,000. Theft of goods or services with a value between $150,000.00 and $300,000.00 is considered a crime of the second degree, which carries a potential sentence of between two and twenty years in prison as well as a fine of up to $10,000.00. If a person is found guilty of stealing more than $300,000.00, the penalties that they face range from 5 to 99 years in jail and a fine of up to $10,000.00. If a person already has a criminal record, the severity of the penalties for any of these actions might be increased.
- Operating a Motor Vehicle Without Authorization: If a person runs another motor vehicle without the owner’s express permission, that person is guilty of the crime of unlawful use of a motor vehicle. A person who is found guilty of this offense faces between 180 days in a state jail facility up to 2 years in a state jail facility, and a fine of up to $10,000.00.
- Burglary: The act of unlawfully entering a dwelling, structure, or vehicle with the purpose of committing a theft or another type of offense is known as burglary. The state of Texas classifies burglary as falling into one of three basic subcategories: burglary of a home, burglary of a structure, or burglary of a vehicle. Each of these classifications comes with its own predetermined range of possible consequences. Burglary is punishable by anything from a class A misdemeanor to 99 years or life in prison, depending on the severity of the crime.
- Robbery: Robbery is classified as a crime of the second degree in most jurisdictions. However, if the victim sustains substantial bodily injuries, the state may upgrade the case to a felony of the first degree, and the offender may face up to 99 years or life in prison, depending on the severity of the crime.
It is important to keep in mind that the state prosecutors will frequently prosecute defendants with more than one of the offenses listed above. In many situations, the possible punishment will involve the prospect of being placed on probation or having the adjudication delayed. Additionally, there are some situations in which different solutions can be agreed upon with the prosecuting attorney.
Theft Crimes We Handle
Our Collin, Dallas, Denton County Criminal Defense Lawyers take on all forms of theft offenses, including:
- Auto theft
- Arson
- Burglary, criminal trespass, breaking and entering,
- Credit card theft, check forgery, identity theft
- Embezzlement, fraud
- Robbery, armed robbery
- White collar crimes
- Shoplifting, retail theft
HOW TO DEFEND THEFT OFFENSES IN NORTH TEXAS
It’s possible that the prosecutor assigned to your case in Collin, Dallas, Denton and surrounding counties will do their best to make it appear like the only option you have is to plead guilty. Unfortunately, many accused individuals believe this and plead guilty to over charged offense levels and in some cases even if they aren’t guilty at all. Before giving in to the pressure, you need to speak with a trusted and experienced Theft Crimes Defense Lawyer familiar with defending accused individuals within Collin, Dallas, Denton and surrounding counties because there is a good chance that you have solid defenses available to contest the accusations brought against you in court and in some instances to get the evidence thrown out entirely and clear your name.
Potential defenses to a Theft Charge are:
- The alleged victim lied about the defendant taking the property;
- The defendant never intended to deprive the owner of the property;
- The identity of the defendant was mistaken for that of another person;
- The fair market value of the property is excessively high; or
- The police violated the defendant’s rights against unlawful search and seizure.
CONSULT AN Experienced Property Crimes | Theft Defense Lawyer in Frisco, Texas
If you or someone you care about has been charged with a Property related Crime such as one of the many forms of Theft in Frisco, Texas, Carrollton, TX and within Collin, Dallas, Denton and surrounding counties, you need an attorney who is skilled and competent to fight for your constitutional rights and defend your innocence.
You can count on the Property | Theft Crimes Criminal Defense Lawyers at Ridgely Davis Law to protect your rights and to provide you with the assistance you need to defend your case. Get in touch with the Ridgely Davis Law right now at (469) 935-4600 to schedule a no-cost consultation appointment.
Schedule a Free Case Evaluation with an Experienced Theft Crimes Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
Take the first Step
Accused a Theft Crime in the Collin, Denton County regions of Texas? It is essential to get an understanding on how to address the allegations and develop a plan to move forward. At Ridgely Davis Law our Theft Crimes Defense Lawyers are ready to answer your questions and help you develop a strategy to fight the charges in your unique Property Crime matter.
Over 35 Years Combined Legal Experience
Texas Penal Code 31.03: Basic Theft Statute
Sec. 31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.
Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner’s effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
(c) For purposes of Subsection (b):
(1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor’s plea of not guilty;
(2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor’s knowledge or intent may be established by the uncorroborated testimony of the accomplice;
(3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly:
(A) fails to record the name, address, and physical description or identification number of the seller or pledgor;
(B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or
(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;
(4) for the purposes of Subdivision (3)(A), “identification number” means driver’s license number, military identification number, identification certificate, or other official number capable of identifying an individual;
(5) stolen property does not lose its character as stolen when recovered by any law enforcement agency;
(6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:
(A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver’s license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;
(B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or
(C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed;
(7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:
(A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or
(B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;
(8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:
(A) fails to record the name, address, and physical description of the seller or pledgor;
(B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and
(C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and
(9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant’s consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b).
(d) It is not a defense to prosecution under this section that:
(1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer;
(2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or
(3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense.
(e) Except as provided by Subsection (f), an offense under this section is:
(1) a Class C misdemeanor if the value of the property stolen is less than $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or more but less than $750;
(B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; 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 $750 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000;
(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 $2,500 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 $30,000 or more but less than $150,000, 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 $150,000;
(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or
(C) a controlled substance, having a value of less than $150,000, if stolen from:
(i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or
(ii) a vehicle owned or operated by a wholesale distributor of prescription drugs;
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000 or more but less than $300,000; or
(B) the value of the property stolen is less than $300,000 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 $300,000 or more.
(f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of his status as a public servant;
(2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of the contractual relationship;
(3) the owner of the property appropriated was at the time of the offense:
(A) an elderly individual; or
(B) a nonprofit organization;
(4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of the contractual relationship; or
(5) during the commission of the offense, the actor intentionally, knowingly, or recklessly:
(A) caused a fire exit alarm to sound or otherwise become activated;
(B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or
(C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.
(g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray.
(h) In this section:
(1) “Restricted-use pesticide” means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. Section 152.175) and in effect on that date.
(2) “State-limited-use pesticide” means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date.
(3) “Nonprofit organization” means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code.
(4) “Automated teller machine” means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine.
(5) “Controlled substance” has the meaning assigned by Section 481.002, Health and Safety Code.
(6) “Wholesale distributor of prescription drugs” means a wholesale distributor, as defined by Section 431.401, Health and Safety Code.
(i) For purposes of Subsection (c)(9), “livestock” and “commission merchant” have the meanings assigned by Section 147.001, Agriculture Code.
(j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.
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