Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Texas uses the word theft to describe a range of crimes that can get you a modest fine or life in jail, depending on the circumstances. Whether you are accused of stealing a candy bar from a convenience store or a half-million dollars worth of cocaine from a drug dealer, it is theft in Texas.
Every situation is unique, and you deserve to be heard as state law grants you the opportunity. Do not squander this right. Even with the least serious infraction—a Class C misdemeanor—your reputation, ability to get a quality job, or secure a loan could be compromised with a conviction. A skilled criminal defense attorney such as Raphael Ortega, who is also a former felony prosecutor and ICE trial attorney, is prepared to assist with your case. Call a Conroe theft lawyer to learn about your legal options after being charged with stealing.
Anyone who takes something of value that belongs to someone else without their consent and intends to permanently keep it has committed theft, according to Texas Penal Code § 31.03. As a Conroe theft attorney could further explain, services are also considered someone else’s property. So, for example, skipping out on a restaurant tab or a repair bill without payment is also theft under Texas Penal Code § 31.04.
There are countless scenarios in which one can be charged with theft. Texas also recognizes the aggregation of multiple theft offenses. The law allows police to consolidate and aggregate separate theft offenses based on either a single scheme or a continuing course of conduct based on the total amount stolen to determine the penalty grade. Texas Penal Code § 31.02 and § 31.09. Therefore, multiple incidents of theft can be charged under a single count and assessed a higher punishment range – anywhere from a Class B misdemeanor (maximum 180 days jail and a $2,000 fine) all the way up to a first-degree felony (maximum 20 years in state prison and a $10,000 fine).
Penalties for theft in Texas can vary widely. You can be sentenced to more jail time for using a firearm to commit a crime. Your age is a factor, too. Misdemeanor charges come with less severe consequences, while a felony theft charge can alter your life forever. The punishment range for theft depends on the value of the item(s) or services stolen.
The consequences for a misdemeanor theft are categorized by three Classes—with Class C being the least severe and Class A being the most severe.
A felony theft charge is extremely serious and could land a person in jail for the rest of their life. Degrees of charges include:
Although the severity of the punishment is tied to the value of the property the police say is stolen, Texas Penal Code § 31.09, subsection (f) acknowledges certain circumstances that can earn you stiffer penalties, such as stealing:
Theft charges range from misdemeanors to serious felonies. Theft sentence enhancements are one degree higher than the underlying charge. To learn why you were charged with a specific theft crime and the consequences that come with it, contact an experienced Conroe attorney today.
Theft cases can manifest in a variety of different ways. The punishment range for theft is determined by the value of the property stolen, whether multiple thefts are consolidated and aggregated into a single charge, or if any theft enhancements are applicable.
A person commits simple petty theft if he unlawfully steals the property of another with the intent to permanently deprive the owner of the property. This offense is anywhere from a Class C misdemeanor (maximum $500 fine) up to Class A misdemeanor (up to one year in jail and a maximum $4,000 fine).
If you have two or more prior theft convictions and commit a third or subsequent theft offense, then you can be charged with state jail felony. A state jail felony is punishable by up to 2 years in jail and a maximum fine of $10,000.
A person commits this offense when they issue a bank check for payment knowing the account has insufficient funds to cover the amount of the check. Texas Penal Code § 31.14. There is a presumption that the person intended to commit an offense if they fail to provide payment in full within 10 days after receiving notice of a demand to pay from the payee. Theft by check is a Class C misdemeanor with a maximum fine of $500.
Shoplifting falls within the general definition of theft, which is the unlawful taking of property with intent to permanently deprive the owner of that property. In the context of shoplifting, the owner in question is a retail business and the property at issue is the merchandise held for sale. You do not have to successfully complete the theft to be charged with shoplifting. In fact, the law presumes your intent to shoplift by taking certain steps in furtherance of the theft, such as concealing the items in a personal bag, altering or removing the price tag or any anti-theft prevention devices.
Additionally, there is an offense called “Organized Retail Theft” under Texas Penal Code § 31.16 that occurs if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (1) stolen retail merchandise; or (2) merchandise explicitly represented to the person as being stolen retail merchandise.
The consequence for committing shoplifting depends on the total value of merchandise stolen, thus the punishment can range anywhere from Class C misdemeanor to a first-degree felony.
It is also important to note that retail businesses have (within certain limited exceptions) what is referred to as the “shopkeeper’s privilege.” Under the shopkeeper’s privilege businesses are allowed to detain a person for a reasonable amount of time (typically until police arrive) if they reasonably believe that another has stolen or is attempting to steal property or merchandise.
Under certain circumstances you do not have to physically commit a theft to be charged with theft. In Texas, the law recognizes instances where a person purchases or receives stolen items knowing that they are stolen and will punish them as if they had actually stolen the item. In this instance, you could face anywhere from a Class C misdemeanor to a first-degree felony.
The State of Texas has one of the highest registered guns per capita in the county, therefore making it an extremely popular stolen item. Stealing a firearm is a serious offense and you would be facing a state jail felony – punishable up to 2 years in state jail and a maximum fine of $10,000.
Unauthorized “joyriding” in another person’s motor vehicle is a crime in Texas. To be charged with Unauthorized Use of Motor Vehicle (UUMV) you must intentionally or knowingly operate another’s motor vehicle without consent of the owner. Texas Penal Code § 31.07. The statute also covers unauthorized use of other motor propelled crafts like boats and airplanes.
Technically, UUMV falls outside of the Texas theft statute. However, given that many people mistakenly consider UUMV to be a theft offense, it is important to make the following distinction: The main difference between theft and UUMV is that theft under Texas Penal Code § 31.03 requires an intent to permanently steal the item, whereas UUMV does not. Under UUMV a person intends to return the vehicle back to its original owner. Intent is derived from the underlying circumstances of the case.
A conviction under this section is a state jail felony and carries a maximum penalty of 2 year in state prison and $10,000 fine. The role of an experienced Conroe attorney is to advocate on your behalf to try and get theft charges reduced or dismissed.
A knowledgeable criminal defense lawyer in Conroe will explore all defenses that might apply to your situation. Potential defenses include:
Theft convictions can have significant consequences on your immigration status. If you hold a “green card”, a valid visa, or a work permit, are classified as Deferred Action for Childhood Arrivals (DACA) or are undocumented, a conviction for theft can subject you to varying immigration consequences, including detention, denial of naturalization or admission, and deportation.
Under the Immigration and Nationality Act (INA), a non-citizen can be denied admission into the Unites States if convicted of a Crime Involving Moral Turpitude (CIMT) under INA § 212(a)(2)(A)(i)(I). The Board of Immigration Appeals (BIA) has held that a CIMT are offenses that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general. There is also a similar CIMT provision that can trigger removal under INA § 237(a)(2)(A)(i).
There is an exception for certain noncitizens convicted of a CIMT that would allow them to forgive the CIMT ground of inadmissibility and remain in the United States. It is called the petty offense exception because only a limited number of cases qualify. Under this exception, the maximum penalty of the underlying CIMT conviction must be no more than one year and the actual sentence imposed must be six months or less. INA § 212(a)(2)(A)(ii)(II). Furthermore, the exception can only waive one qualifying CIMT conviction. Thus, if you have a conviction for two or more CIMTs, then the first CIMT may qualify for the exception, but the second CIMT would not, and thus the government would still likely find you inadmissible.
As a caveat, the petty offense exception only applies to the CIMT ground of inadmissibility under INA section 212. The exception does not waive the CIMT ground of removability under INA section 237.
Non-citizens can also be removed from the United States if they commit an offense that constitutes an aggravated felony and are sentenced to a term of one year or more. A non-citizen need not actually serve any jail time to trigger the aggravated felony provision. A conviction for a one-year suspended sentence or deferred adjudication would be sufficient. INA § 212(a)(2)(A)(i)(I). Additionally, non-citizens must be extra cautious with theft charges because given the enhancing nature of the Texas theft statute most theft convictions often result in a sentence that exceeds one year.
Under some circumstances, a Texas theft conviction may also constitute a CIMT, an aggravated felony, or both, and thus render you inadmissible and/or removable.
Undocumented persons are at the most risk because they can be deported after an arrest or a conviction. This situation involves both state and federal law, and you should not try to tackle the problem alone. A Conroe theft attorney such as Raphael Ortega—who is also a former ICE trial lawyer—is well-versed in the impact of a criminal charge or conviction on immigration status. Call immediately to share your story and learn how a theft charge could immediately impact your life based on your immigration status.
Theft cases are extremely fact specific, and each situation is unique. There are many factors that can be presented to refute the prosecutor’s case. You deserve the best defense whenever you are accused of a committing a crime, such as theft.
A Conroe theft lawyer may be able to negotiate with the prosecutor to dismiss the charges if you pay restitution, negotiate reduced charges, prove you did not commit the crime, or argue for probation instead of jail time. Call now to speak with qualified attorney and former felony prosecutor, Raphael Ortega who can explain the complex nuances of your theft charge.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.