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Theft crimes can range from pickpocketing on the streets to breaking and entering someone else's home to steal valuables. Texas law categorizes the different types of theft across several classes of misdemeanor and felony offenses.
One of the most common and least severe is petty theft. While the penalties are less harsh, a conviction on a person's criminal record can lead to a lack of job opportunities and a stigma that can affect their social interactions.
Fortunately, Sparks Law Firm is here to help. With more than 100 years of combined experience fighting for the rights of defendants across Texas, our legal team has the necessary skills and expertise to have the sentence reduced or the case dismissed.
Those accused of petty theft charges in Fort Worth, Texas, should contact the experienced criminal defense attorney at Sparks Law Firm to discuss their case, understand their legal options, and have their rights protected. They can also help with questions such as what is felony theft in Texas?
Theft and the Texas Penal Code
The Texas penal code defines theft as any action that involves taking or using someone else's property without their consent. Under the law, there are different categories with various penalties ranging from hefty fines to imprisonment.
While the legal terminology may sound simple, there are certain key elements that must be present for a crime to be classified as theft. These include the following:
The unlawful appropriation of property
Lack of owner's consent
The intent to permanently prevent the owner from having access to the property
What Are the Different Types of Theft in Texas?
While most people would classify stealing anything as theft, under Texas law, there are different types. These include the following:
Theft by Deception
Taking someone else's property through deception or fraud is a form of theft. An example may include selling a person a product with mechanical failure without informing them about the defects to make a higher profit.
Theft by Taking
Taking another's property from their home, office, or person without their consent is a crime in this category. It may include shoplifting, burglary, and pickpocketing.
Receiving Stolen Property
While it is a crime to steal another's property, under Texas law, anyone receiving stolen property knowingly commits an offense. Some common examples include purchasing electronic goods from dubious sources at unusually low prices or buying vehicles from people who cannot provide the relevant documentation.
Theft of Services
Failing to pay a person or company for services is a form of theft. Sneaking into a movie theatre without buying a ticket or not paying a contractor after remodeling a home are all examples that fall under this category of crime.
What Is Petty Theft in Texas?
There are many different types of theft, and the distinction between the offenses largely rests on the value of the stolen property.
Under the law, petty theft refers to the unlawful taking of someone else's property valued at $100 or less. Common examples include shoplifting, purse snatching, and pickpocketing.
Borrowing someone else's property without their consent and refusing to give back when asked is also an act of petty theft. Depending on prior convictions, it could result in serious consequences.
It's important to understand that not all unlawful appropriation of property can lead to criminal charges. For example, walking away with someone else's shopping cart can be an honest mistake.
What Are the Consequences of Petty Theft in Texas?
A petty theft conviction can lead to one or more penalties. The severity of the consequences depends on the defendant's criminal record. In most cases, it can result in a misdemeanor offense.
The penalties may include the following:
A maximum fine of $500
Financial compensation for the property owner
Community service hours
Probation
Short jail time for repeat offenders
What Is the Difference Between Petty and Felony Theft?
The major difference between petty and felony theft is the value of the stolen property. Defendants are often charged with the former if they steal something from someone worth $100 or less.
On the other hand, felony theft involves the stealing of someone else's property that is valued at more than $2,500. There are several categories of this offense, and these include the following:
State-jail felony theft
Third-degree felony theft
Second-degree felony theft
First-degree felony theft
A key thing to remember is that while petty theft is often classified as a class C misdemeanor, it can also lead to class B misdemeanor charges upon subsequent offense or if the property stolen was a personal identification card.
Prosecutors may even consider a state jail felony theft conviction if the defendant stole firearms, election ballots, or certain livestock, regardless of their value. For more information, experienced theft crime defense attorneys may be able to help.
How Can a Skilled Criminal Defense Lawyer Help Texas Defendants?
Whether it's a misdemeanor theft or any other theft crime, it's crucial for the defendant to reach out to an experienced criminal defense lawyer. Under Texas law, prosecutors must prove beyond a reasonable doubt that the offender is guilty, and an attorney can provide enough evidence to convince the jurors of their client's innocence.
The defendant may also be able to pursue a legal defense. For example, before the arrest, the accused may actually have a right or claim over the property allegedly "stolen." A skilled criminal defense attorney can gather enough evidence to build a strong rebuttal.
There are many different legal defenses available to a defendant in a theft case. These include intoxication, return of property, and entrapment, among many others.
An experienced criminal defense attorney can assess the facts surrounding the case and guide the accused on the best possible option.
Don't Wait for a Conviction. Get Legal Help from Sparks Law Firm!
While petty theft may not result in jail time, it can taint your criminal record and, in some circumstances, turn into a greater offense.
At Sparks Law Firm, our criminal defense attorneys remain committed to reducing or dismissing our clients' sentences. We understand how greedy prosecutors can be in the courtroom, which is why our team deploys all resources to build a strong rebuttal.
Whether it is petty or grand theft, call us to schedule a free consultation with our experienced criminal defense attorneys to have your rights protected!
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