Have you been arrested on a theft charge in Houston?
There are many different types of theft offenses in Texas, and the classification and possible penalty vary widely depending upon the specifics of your case. You could be facing jail or prison time, or in some cases the charge may be less serious. In order to understand your rights and make sure you take advantage of any and all defenses available, call Houston criminal defense attorney Nathaniel Pitoniak today.
What is Theft in Texas?
Theft includes many different offenses, some of which were previously known by different names. They include shoplifting, extortion, receiving stolen property, conversion, and others. The essence of the offense of theft is the unlawful taking or exercising control over property, intending to deprive the owner of that property. While this sounds relatively simple, there are countless ways of committing theft, and it can be difficult to understand exactly what you are facing.
Types of Theft Charges in Texas
Here are some of the theft charges contained in Chapter 31 of the Texas Penal Code::
- Simple Theft. Taking or exercising control over property that is not yours, without the consent of the owner, is a crime. This includes shoplifting.
- Possession of Stolen Property. Possession of property knowing it was stolen.
- Theft of Service. Using deception or other illegal means to acquire labor or professional services, communication or public utility services, lodging, meals, or use of a motor vehicle, constitutes theft of service. It can also include failure to return property after the expiration of a rental agreement.
- Theft of Trade Secrets. Stealing, copying or transmitting a trade secret is a felony of the third degree.
- Theft by Check. If you obtain property or services by passing a bad check, it can be used as evidence that you intended to commit theft of that property or service.
- Unauthorized Use of a Vehicle. Operation of an automobile (or a boat, plane, or other motorized vehicle) without consent of the owner is a state jail felony.
- Tampering with Identification Numbers. The mere intentional removal of a serial number or permanent identification mark on personal property, or its sale (or offer for sale), is a Class A misdemeanor.
- Organized Retail Theft. Possessing, receiving or disposing of stolen retail merchandise, knowing it was stolen, constitutes organized retail theft.
- Illegal Acquisition of Financial Information. The unauthorized acquisition or transfer of credit card numbers and certain other financial information is a misdemeanor.
- Cargo Theft. Stealing freight (shipments moving in commerce) is a felony.
These are just some of the theft offenses specifically described in Chapter 31. Others include theft of certain video or information services, possession of tools used for the commission of retail theft, and more. They also include theft by embezzlement (also covered under the fraud laws).
How are Theft Offenses Classified?
If you have been accused of theft, you’ll want to know not only the specifics of the case against you, but also the classification of the charge under Texas law. In the case of theft, that determination will be controlled by different factors depending upon the particular theft charge in your case. Here are some examples:
- Example 1. Retail theft (shoplifting) of consumer goods, involving property with a value of $500. This is a Class B misdemeanor. If the value of the property was less than $100, it is a Class C misdemeanor, but if you were previously convicted of theft of any type, it is a Class B misdemeanor.
- Example 2. Theft of a firearm. This is a state jail felony regardless of the value of the weapon.
- Example 3. Theft of service. This will also depend upon the value of the service stolen. Classifications range from a Class C misdemeanor to a felony of the first degree.
- Example 4. Theft of trade secrets. This is a classified as a felony of the second degree.
- Example 5. Unauthorized use of an automobile. This is typically the charge in an auto theft case. It is state jail felony.
These examples demonstrate that ascertaining the classification of a particular theft crime may involve multiple issues, which will also affect the potential penalty if you are convicted.
Theft Crimes Defense Attorney in Houston
There are a number of possible defenses to theft charges, including consent, lack of intent to deprive the owner of the property, and others. To obtain an honest assessment of the theft charge you are facing, including the potential penalty and any defenses that may be available, call the Law Office of Nathaniel Pitoniak for your consultation. Find out how we can help with your case.
