A recent newspaper story out of Wichita Falls, Texas details just how
serious the crime of theft is in the Lone Star State. Apparently a
person in the Wichita Falls area has been taking ornamental grasses and
other plants from the city. While the police are requesting help from
residents in the apprehension of the thief, it is also noted that a
conviction for stealing these flowers and plants could bring two years
in a state jail and a fine as large as $10,000. The level of theft
charges which will be filed against an offender for the crime depends
largely on the monetary amount of the item stolen. Theft is loosely
defined as taking the property of another person without their consent
whether through trickery or physically removing the item.
From shoplifting to writing hot checks and even to accepting as a gift or buying property which you know to be stolen—all of these can land you in hot water with the law. Lest you think that getting rid of the stolen item will get you off the hook, think again. Even if you return the item later after suffering from guilt, you have still committed theft. Keeping the stolen item for only enough time to have deprived the rightful owner of its value is theft regardless of what actions you take later. However, in order for the state to successfully prosecute the crime of theft they are obligated to show the suspect acted with criminal purpose meaning he or she was fully aware that the item taken belonged to another and that there was no permission to take it. In order to prove the crime of theft police officers often rely on surveillance cameras, statements from witnesses and any potential physical evidence available.
Texas Misdemeanor Theft Knowingly and willfully paying for an item by writing a check on an account which has been closed or does not have enough funds to cover the check is committing an act of theft. Should a person accidentally write a bad check, thinking they had enough money in the account to cover it, the law allows ten days to fully reimburse the merchant before theft charges are filed. The person who either takes an item from a store without paying for it, or switches tags from a less expensive item to a more expensive item could be charged with shoplifting. The crime of general theft can range from taking a few bucks from the cash register at work to stealing aluminum from a construction site to grabbing a woman’s purse on the street. Any type of embezzlement from the place of employment will also be prosecuted aggressively, depending on the dollar amount taken.
Theft Penalties in Texas Items valued less than $50 will be charged as a theft Class C misdemeanor, likely bringing only a fine of up to $500 and a blot on the offender’s criminal record. Theft of items valued at more than $50 but less than $500 get bumped up to a Class B misdemeanor which could get the offender as much as six months in county jail and a fine of up to $2,000. The misdemeanor charges for theft end at a class A misdemeanor for stolen property valued over $500 but less than $1,500 which brings the offender a fine as high as $4,000 and up to a year in county jail. Theft crimes over $1,500 are charged as felonies.
When the stolen items are valued over the amount of $1,500 but less than $20,000 they are charged as state jail felony bringing fines as high as $10,000 and as much as two years in state jail. Stealing property valued over $20,000 but less than $100,000 will be charged as a third-degree felony bringing from 2-10 years in a Texas state prison and fines as high as $10,000. Over $100,000 but less than $200,000 in stolen items is considered a very serious second-degree felony and is punishable by a sentence of state prison for up to twenty years and the same $10,000 fine as a third degree felony. A first degree felony charge in the state of Texas for the theft of items valued over $200,000 could bring the offender from 5 years to life in a state prison and a $10,000 fine.
An offender who has a prior conviction for theft will suffer enhanced penalties regardless of the monetary value of the item stolen. Stealing specific items such as firearms, copper and aluminum will get the offender charged with a felony regardless of how much the item was actually worth. Any of these penalties will result in a criminal record for the offender which can make it incredibly difficult to gain employment, obtain a professional license, get federal funding to continue an education or rent a home. In other words, a conviction for the crime of theft can have extremely far-reaching consequences.
Civil Suits Following a Theft Conviction Not only will offenders suffer criminal penalties should they be convicted of theft, Texas also has the Texas Theft Liability Act in place which allows victims of theft to file a lawsuit against the person convicted of taking their property. This is in addition to the criminal penalty of requiring restitution from the offender to the victim. Civil suits of this nature are most often seen in shoplifting cases in which the offender receives notice that they are liable for payment of the stolen items and all cost related to the recovery of those items.
Why You Need Legal Help A person who shoplifts a $15 item may be embarrassed to get caught but may not really realize the seriousness of the charges. Even at this level, a conviction will result in a criminal record that follows the offender for life. It is never wise to attempt to face criminal or civil charges of theft without benefit of a qualified attorney by your side who can advocate on your behalf and work to have your charges dropped or reduced. Do not make the mistake of thinking minor theft charges do not warrant the services of an attorney or you will be leaving your future to chance.
From shoplifting to writing hot checks and even to accepting as a gift or buying property which you know to be stolen—all of these can land you in hot water with the law. Lest you think that getting rid of the stolen item will get you off the hook, think again. Even if you return the item later after suffering from guilt, you have still committed theft. Keeping the stolen item for only enough time to have deprived the rightful owner of its value is theft regardless of what actions you take later. However, in order for the state to successfully prosecute the crime of theft they are obligated to show the suspect acted with criminal purpose meaning he or she was fully aware that the item taken belonged to another and that there was no permission to take it. In order to prove the crime of theft police officers often rely on surveillance cameras, statements from witnesses and any potential physical evidence available.
Texas Misdemeanor Theft Knowingly and willfully paying for an item by writing a check on an account which has been closed or does not have enough funds to cover the check is committing an act of theft. Should a person accidentally write a bad check, thinking they had enough money in the account to cover it, the law allows ten days to fully reimburse the merchant before theft charges are filed. The person who either takes an item from a store without paying for it, or switches tags from a less expensive item to a more expensive item could be charged with shoplifting. The crime of general theft can range from taking a few bucks from the cash register at work to stealing aluminum from a construction site to grabbing a woman’s purse on the street. Any type of embezzlement from the place of employment will also be prosecuted aggressively, depending on the dollar amount taken.
Theft Penalties in Texas Items valued less than $50 will be charged as a theft Class C misdemeanor, likely bringing only a fine of up to $500 and a blot on the offender’s criminal record. Theft of items valued at more than $50 but less than $500 get bumped up to a Class B misdemeanor which could get the offender as much as six months in county jail and a fine of up to $2,000. The misdemeanor charges for theft end at a class A misdemeanor for stolen property valued over $500 but less than $1,500 which brings the offender a fine as high as $4,000 and up to a year in county jail. Theft crimes over $1,500 are charged as felonies.
When the stolen items are valued over the amount of $1,500 but less than $20,000 they are charged as state jail felony bringing fines as high as $10,000 and as much as two years in state jail. Stealing property valued over $20,000 but less than $100,000 will be charged as a third-degree felony bringing from 2-10 years in a Texas state prison and fines as high as $10,000. Over $100,000 but less than $200,000 in stolen items is considered a very serious second-degree felony and is punishable by a sentence of state prison for up to twenty years and the same $10,000 fine as a third degree felony. A first degree felony charge in the state of Texas for the theft of items valued over $200,000 could bring the offender from 5 years to life in a state prison and a $10,000 fine.
An offender who has a prior conviction for theft will suffer enhanced penalties regardless of the monetary value of the item stolen. Stealing specific items such as firearms, copper and aluminum will get the offender charged with a felony regardless of how much the item was actually worth. Any of these penalties will result in a criminal record for the offender which can make it incredibly difficult to gain employment, obtain a professional license, get federal funding to continue an education or rent a home. In other words, a conviction for the crime of theft can have extremely far-reaching consequences.
Civil Suits Following a Theft Conviction Not only will offenders suffer criminal penalties should they be convicted of theft, Texas also has the Texas Theft Liability Act in place which allows victims of theft to file a lawsuit against the person convicted of taking their property. This is in addition to the criminal penalty of requiring restitution from the offender to the victim. Civil suits of this nature are most often seen in shoplifting cases in which the offender receives notice that they are liable for payment of the stolen items and all cost related to the recovery of those items.
Why You Need Legal Help A person who shoplifts a $15 item may be embarrassed to get caught but may not really realize the seriousness of the charges. Even at this level, a conviction will result in a criminal record that follows the offender for life. It is never wise to attempt to face criminal or civil charges of theft without benefit of a qualified attorney by your side who can advocate on your behalf and work to have your charges dropped or reduced. Do not make the mistake of thinking minor theft charges do not warrant the services of an attorney or you will be leaving your future to chance.
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