Dallas Theft Defense Lawyer
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What Are Some Different Types of Theft in Texas?
Petty Theft
State law in Texas considers petty theft as theft of property that has small values. Often, shoplifting charges fall under the classification of petty theft.
Grand Theft
To be considered a property value for which grand theft can be charged, the property needs to have a value of more than $500. As you will read below, this type of theft can be charged as a felony or misdemeanor or a felony depending on the circumstances of the charge.
Larceny
If a person takes property from another with the intention of keeping it, it is considered larceny. If a person sells something and can’t provide proof the property wasn’t stolen, this can also be considered larceny.
Receiving Stolen Property
Receiving stolen property is a serious crime that should not be taken lightly. Many clients are unaware that in the eyes of the law, receiving an item that you know to be stolen is equal to theft. This means that these charges are punishable by the same standard.
Shoplifting
Shoplifting, among the most common offenses charged in Texas, is defined as unlawfully taking another person’s property, receiving property known to be stolen, or that you did not have the owner’s consent to take. It is governed by Texas Penal Code Section 31.03.
Auto Theft
Unauthorized use of a motor vehicle, commonly referred to as auto theft, is a state jail felony. Unauthorized use is defined by knowing operating any motor vehicle that belongs to another individual without their permission. This includes automobiles, airplanes, boats, motorcycles, etc.
Burglary
Burglary involves breaking into another person’s home, vehicle, or other property to commit a theft. If you are facing burglary charges you can read more about the definition, types, and penalties of burglary here.
Embezzlement and White Collar Theft
Embezzlement is a form of theft that is usually associated with the misappropriation of money. For example, an individual is guilty of embezzlement when they steal small amounts of money over a long period of time from their employer.
These cases generally involve large amounts of money, and a conviction could result in decades behind bars. It would be wise to contact Gallian Firm immediately if you are facing charges of embezzlement.
What Are the Potential Penalties for Theft Charges?
Misdemeanor Theft
The level of misdemeanor and penalty is based upon the value of the property which was stolen. Other circumstances like a pre-existing criminal record or other circumsntances may result in a more severe penalty. If the value of the property is under $100, the penalty is a Class C misdemeanor ($500 fine).
If the value of the property stolen was under $750 but over $100, it is considered a Class B misdemeanor and could lead to up to 180 days in jail. If you have been convicted of theft previously or there are other circumstances, the jail time or penalty may vary.
If the value of the property is over $750 but under $2500, it is considered a Class A misdemeanor. You can serve up to 1 year in jail for this type of misdemeanor.
Felony Theft
Once a theft exceeds a certain level of property value, it is automatically considered a felony and prosecutors will seek maximum punishment. There are certain types of theft for which you can face 9 months to 2 years in state prison. Some of the major types include:
- Theft of property valued between $2,501 (the Class A misdemeanor threshhold) and $30,000
- Theft of a firearm
- Theft if you have already been convicted twice prior
- Theft of an official election ballot
First, second and third-degree felonies go beyond these prison terms and are crimes for which you can face up to 99 years in prison.
If you are facing theft charges that are at any level, contact Gallian Firm immediately. The defense attorneys at Gallian Firm can explain the punishments you may be facing for your particular case and immediately go to work on a defense that will fight the charges. It is also important to note that white collar crime, which often includes theft related to the government, may be prosecuted by the federal government. You will need the help of a skilled and aggressive federal defense lawyer to fight these charges.
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CRIMINAL DEFENSE ATTORNEY
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THEFT CRIME FAQS
What Is the Difference Between Robbery, Burglary, and Theft?
The terms robbery, theft, and burglary are often used interchangeably but have different meanings. Robbery and burglary are actions involved in committing theft.
Robbery involves using force or intimidation to steal another person’s property. The degree of force and extent of injuries are determining factors for the severity of penalties that may result from this crime.
Burglary involves breaking into another person’s home, vehicle, or other property to commit a theft. If you are facing burglary charges you can read more about the definition, types, and penalties of burglary here.
Are Larceny and Theft the Same Thing?
No. The term theft encompasses all types of stealing, including money, property, services, etc. Larceny is a more specific term that refers to the theft of physical goods.
How Bad Is Receiving Stolen Property?
Receiving stolen property is a serious crime that should not be taken lightly. Many clients are unaware that in the eyes of the law, receiving an item that you know to be stolen is equal to theft. This means that these charges are punishable by the same standard.
Is Writing a Hot Check the Same as Theft by Check?
A bad check, also known as a hot check, is a check written by an individual who is aware that their account does not have sufficient funds available. This happens innocently in most cases, for example, an individual needs to buy important items for their family. Those who are charged with writing hot checks typically have an honest intention to pay the bank back for the overdraft.
Theft by check is a more severe crime because of the intent of the assailant. Theft by check occurs when an individual writes a bad check with the intention to steal products or services.
Theft by check occurs when a check is written for an account that does not exist and/or for a bank of which the individual has no account.
What Does Theft of Trade Secrets Mean?
Theft of a trade secret is the accusation that an individual stole, communicated, or transmitted an organization’s trade secrets. This is information that is valuable to the company or entity and not legally permitted to be shared.
This is a serious allegation that can result in up to 10 years in prison. Penalties are significantly worse if the trade secrets are property of a government agency.
What Is Credit Card Abuse and Is It Theft?
There are several circumstances in which an individual could face charges for credit or debit card abuse, including:
- Stealing a Credit/Debit Card
- Knowingly Buying a Stolen Card
- Selling Another Individual’s Card
You can also be charged with credit/debit card abuse for possessing an invalid, stolen, or fabricated card with the intention to use it. Credit card fraud is a serious charge which can devastate you and your family; it is critical that you contact a credit car fraud defense lawyer immediately if you are facing these charges.
Can I Be Convicted of Theft Without Proof?
Yes, you can be convicted for theft even if no paper evidence exists. There are several other methods that the prosecution may use, including witness testimony and circumstantial evidence to push for a conviction.
It is imperative that you reach out to Gallian Firm immediately to begin developing your defense strategy. Every case is different. Gallian Firm defense attorneys will need to build a case based on the unique circumstances surrounding your case.
What Defense Strategies Could a Dallas Theft Defense Lawyer Use to Help Me?
If you are charged with theft, there are several strategies in the case of theft that can be effectively used as part of a criminal defense strategy to defend you. They include:
- You did not commit the crime and/or theft did not occur.
- You made an innocent mistake and did not intentionally commit theft and/or knowingly come into possession of a stolen good.
- You honestly believed that the property was rightfully yours.
- You were under the influence of drugs or alcohol and may not have been coherent in your intention to steal.
- You borrowed an item and forgot to return it.
- You were a victim of entrapment and were forced to commit the crime.
Your defense strategy will be determined by the unique circumstances surrounding your case. The only way to determine the best route of defense is to contact Gallian Firm for a free consultation.
Gallian Firm defense attorneys are the top level theft defense lawyers in Dallas–they have helped hundreds of clients beat theft charges or have their charges reduced. Contact Gallian Firm today!
Gallian Firm could potentially have theft charges dropped or lessened by building a strong defense case. It is imperative if you have been charged with theft that you reach out and call (214) 432-8860 as soon as possible for a free case review.
Why Are Gallian Firm the Best Dallas Theft Attorneys for My Case?
Gallian Firm is the best choice as your Dallas theft defense lawyer if you face theft charges in Dallas.
Their attorneys have extensive knowledge and hands-on experience that they developed from years serving as prosecuting attorneys. They know all the tactics and loopholes that the prosecution will attempt to use. They also know how to build a solid defense plan, discredit witnesses, and have evidence dismissed in court.
Gallian Firm understands that people make mistakes and fights hard to give his clients another chance at life. Contact Gallian Firm today for more information.
How Do I Schedule a Free Theft Defense Consultation With Gallian Firm?
Reach out and call (214) 432-8860 as soon as possible for a free case review and consultation with Gallian Firm. Don’t hesitate. You will be glad you made the call.