Plano Theft Crime Defense Attorney

Criminal Defense for Theft Lawyer in Plano and Surrounding Areas

Have you or someone you love been accused of theft? Theft charges in Texas can vary greatly depending on amounts involved, or previous criminal history. Moreover, any theft offense, no matter how small, is considered a crime of moral turpitude which means it carries other collateral consequences that affect your future. Having a misdemeanor theft conviction is often more damaging to one’s future than having a high level felony drug conviction. A conviction for theft can affect your ability to rent an apartment, get a job, or even get admitted to college.

It is important to choose an attorney who understands all the nuances in a theft case. Sarah Fox is a former felony prosecutor that has handled these cases from the point of view of the District Attorney’s Office. She now uses all of that experience and inside knowledge to help her clients. Let her help you with a free consultation to discuss your situation and defend yourself from these charges.

Shoplifting

Shoplifting is perhaps the most common theft charge in Texas. Aside from physical taking goods without paying for them, a shoplifting charge can also come as the result of

• Altering, transferring, or removing the price tag or label from merchandise with the intention of depriving the business of its full value.

• Removing, destroying, deactivating, or causing any inventory control tag to become inoperable.

In Texas, the level of offense you can be charged with depends on the value of the items you are alleged to have stolen.

Less than $100 – Class C Misdemeanor

$100 – $750 – Class B Misdemeanor

$750 – $2500 – Class A Misdemeanor

• Up to $4,000 in fines

• Up to one year in jail

$2500 – $30,000 – State Jail Felony

• A fine of up to $10,000

• Up to two years in state jail

$30,000 – $150,000 – Third-Degree Felony

$150,000 – $300,000 – Second-Degree Felony

Over $300,000 – First Degree Felony

Burglary

A person can face the charge of burglary if they enter a building or other structure without the owner’s consent while having the intent to commit certain crimes once inside. This is incredibly vague and allows the police to charge burglary in any situation where they believe a person unlawfully entered a building without permission and specifically intended to commit a felony, a theft, or an assault.

If the premises are open to the public, such as a mall, retail store, or other business, merely entering the building is not a crime, however entering a public building when it is not open to the public could still constitute the offense of burglary.

In order to “enter a building” a person must only physically be inside the building. This does not mean your whole body has to walk through a door. For example, reaching through an open window to steal something that is just inside the window is still considered a burglary. It is irrelevant whether the building is a home, business, or other structure.

Keep in mind, it is not necessary for the accused individual to commit the crime intended, but merely have the intent, and enter the building without permission, to commit another felony, theft, or assault once inside. Burglary is a felony offense in Texas and punishments can range from state jail felony to a second degree felony depending on the circumstances. If you or a loved one finds yourself facing a burglary charge you should never leave yourself vulnerable to one person’s accusation of what your actual intent was when you entered the building. In court, a Fox Firm burglary lawyer can help build a defense that takes advantage of weaknesses in the prosecution’s argument that criminal intent ever existed.

Robbery

Robbery can best be thought of as theft plus. If during any commission of the act of theft the person also causes bodily injury to another or threatens imminent bodily injury or death, then they can be charged with committing robbery. With that in mind, robbery is perceived as a violent or assaultive act which causes law enforcement and prosecutors to pursue charges with the full force of the law. The charge is escalated to the higher level offense of Aggravated Robbery if, during the commission of the robbery the person:

• Causes serious bodily injury

• Uses or exhibits a deadly weapon

• The victim is 65 years or older

• The victim is a disabled person

A robbery charge is a second degree felony which carries a punishment range between 2 and 20 years in the Texas penitentiary, and an aggravated robbery charge is a first degree felony exposing the individual charged to 5-99 years or life in prison.

Bad Checks

It is a crime in Texas to write a check without the sufficient money in an account to cover it. This “bad check” is also known as a “hot check.”

We all make mistakes from time to time. It is completely possible for someone to have accidentally written a bad check. In these cases, the only consequence is typically an additional fee from your banking institution. In order to be charged with a crime for writing a bad check, it must be proven that it was intentional in order to steal.

Buying/Receiving Stolen Property

You may still be charged with a theft crime even if you didn’t physically steal anything. A person who intentionally keeps, disposes of, or receives someone else’s property and who either knew or should have known the property was stolen can be found guilty of a crime. For instance, if someone purchases a valuable commodity from another individual at an unconscionably low price, such as a truck for $100 with no title, or a full surround sound home system for $20, it would be reasonable to consider these items stolen and you may be punished by law. The only defense is being able to argue you genuinely did not know the item was stolen or believed that you had traded something else of equal value.

Vehicle Theft

There are different ways in which a prosecutor can make charges for auto theft. They will typically fall under one of the following categories:

Basic Theft Statutes

The penalty for stealing a car under this statute will depend on the car’s value. Theft of a vehicle worth less than $2,500 is a misdemeanor and any theft above that amount constitutes a felony. A person who steals a vehicle worth between $2,500 and $30,000 commits a state jail felony, punishable by a fine of up to $10,000 and between 180 days and two years in jail. If the vehicle is valued between $30,000 and $150,000, the person faces third-degree felony charges, punishable by two to ten years imprisonment and a fine of up to $10,000.

Unauthorized Use of a Motor Vehicle

An individual can be charged with unauthorized use of a motor vehicle (UMV) in any situation where they intentionally operate a motor vehicle without the consent of the owner. Taking a “joyride” can end up with a charge of unauthorized use of a motor vehicle even if they intended to return the car to the owner. An example would be a teenage child taking their parents car without permission even if they returned a short time after. In this situation, the teenager could be charged with unauthorized use of a motor vehicle which is a state jail felony. The punishment for a state jail felony theft can include a fine of no more than $10,000, imprisonment ranging from 180 days to two years in state jail, or both.

Carjacking

There is not a specific carjacking statute in Texas but it is instead prosecuted under the state’s robbery law outlined above. This offense is classified as a second-degree felony, punishable by a fine of up to $10,000 and imprisonment ranging from two to 20 years. Under certain circumstances, such as when serious bodily injury occurs or the defendant uses or exhibits a deadly weapon, the robbery becomes aggravated robbery. Aggravated robbery is a first-degree felony and carries a fine of up to $10,000 and imprisonment ranging from five to 99 years.

Theft Criminal Defense Attorney

A criminal conviction for theft can lead to serious consequences. Regardless of the theft crime you or a loved one is a suspect of, you understand what is at stake. Protecting yourself or a family member during this difficult time is critical. Don’t wait another instant to schedule a consultation with criminal defense attorney Sarah Fox to discuss your situation and defend yourself from theft charges.