Infractions Services San Marcos Background

Burglary

From the common law, the offense of burglary is a theft from a place with a roof.  The law has evolved in Texas.

Burglary of a Habitation is when a person enters a habitation with the intent to commit a felony, theft, or assault therein.  See Tex. Pen. Code Ann. § 30.02 (West 2018).  It is generally a second-degree felony and carries a punishment range of 2 to 20 years.  However, it is a felony of the first degree (5 to 99 years) if a person enters a habitation with the intent to commit a felony other than felony theft.  Moreover, as a first-degree felony, burglary becomes a “3(g)” or aggravated offense.  See Tex. Code Crim. Proc. Ann. art. 42A.054 (West 2018).

Burglary of a Building is when a person enters a building with the intent to commit a felony, theft or assault therein.  See Tex. Pen. Code Ann. § 30.02 (West 2018).  Burglary of a Building is a state-jail felony.

Robbery

From the common law, the offense of robbery is when a person commits a theft through the use of force or a threat of the use of force.  The law essentially remains the same in Texas.

Robbery is a theft and the causing of bodily injury to another or threatening or placing another in fear of imminent bodily injury or death.  See Tex. Pen. Code Ann. § 29.02 (West 2018).  Robbery is a second-degree felony and carries a punishment range of 2 to 20 years.

Aggravated Robbery is a robbery and causing serious bodily injury, the use of a deadly weapon, or a robbery of a person 65 years old or older or of a disabled person.  See Tex. Pen. Code Ann. § 29.03 (West 2018).  Aggravated Robbery is a first-degree felony and carries a punishment range of 5 to 99 years.  Aggravated Robbery is a “3(g)” or “aggravated” offense.  See Tex. Code Crim. Proc. Ann. art. 42A.054 (West 2018).

III. Theft Offenses

If you take or acquire someone else’s property without his knowledge or consent with the intent to keep it or sell it, you are stealing.  But, there is no crime of “stealing” in Texas.  Rather, there are an array of criminal offenses that fall under the umbrella of theft.  What you stole, how much it was worth, and how and from whom you stole it will all play roles in how severe the penalties will be if you are convicted.  But, make no mistake, even minor theft offenses can come with major consequences beyond hefty fines or time behind bars.  Long after you have paid your dues, a theft conviction can leave a stain on your reputation and limit your opportunities for years to come.  Often, employers will not hire a person who has a theft offense on his record.

Prosecutors don’t take theft offenses lightly, and neither does the Law Office of Case J. Darwin.  We offer experienced and vigorous defense representation against all Hays, Guadalupe, and Comal County theft crime charges.  If prosecutors have you in their sights for theft, you need to understand what’s at stake before making any decisions about how to proceed.  Making a plea or accepting a deal with prosecutors may seem like the “easy way out,” but you may have defenses that could spare you the long-term fallout of a conviction for theft.  Don’t face theft charges alone.

Types of Theft Offenses

There are many separate offenses that constitute theft in Texas. They are primarily defined by the manner in which stolen property was acquired.  Theft offenses in Texas include the following:

  • See Tex. Pen. Code Ann. § 31.03 (West 2018),
  • Theft of Service. See Pen. Code Ann. § 31.03 (West 2018),
  • See Tex. Pen. Code Ann. § 31.03 (West 2018),
  • Theft of a Firearm. See Pen. Code Ann. § 31.03(e)(4) (West 2018),
  • Unauthorized Use of a Motor Vehicle (“UUMV”). See Pen. Code Ann. § 31.07 (West 2018).  UUMV is a state-jail felony,
  • See Tex. Pen. Code Ann. § 29.02 (West 2018),
  • Aggravated Robbery. See Pen. Code Ann. § 29.03 (West 2018),
  • See Tex. Pen. Code Ann. § 30.02 (West 2018),
  • Credit Card or Debit Card Abuse. See Pen. Code Ann. § 32.31 (West 2018),
  • Fraudulent Use or Possession of Identifying Information. See Pen. Code Ann. § 32.51 (West 2018),
  • See Tex. Pen. Code Ann. § 32.21 (West 2018), and
  • See Tex. Pen. Code Ann. chapter 32 (West 2018).

Penalties for Theft Offenses

While other factors and circumstances may contribute to the penalties you face upon conviction for a theft crime, the value of the stolen property is the primary determinant as to how a guilty verdict or plea will impact your future. Under the Texas Penal Code, theft crimes and their penalties are generally classified as follows:

  • Property worth less than $100: a Class C Misdemeanor punishable by a fine of up to $500,
  • Property worth between $100-$750: a Class B Misdemeanor punishable by up to 180 days in the county jail and a fine of up to $2,000,
  • Property worth between $750-$2,500: a Class A Misdemeanor punishable by up to one year in the county jail and a fine of up to $4,000,
  • Property worth between $2,500-$30,000: a state-jail felony punishable by 180 days to two years in prison and a fine of up to $10,000,
  • Property worth between $30,000-$150,000: a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000,
  • Property worth between $150,000-$300,000: a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000, and
  • Property worth $300,000 or more: a first-degree felony punishable by 5 to 99 years in prison and a fine of up to $10,000.

Speak with a Texas Theft Charges Defense Attorney Today

While theft may be a common crime, that doesn’t mean it isn’t a serious one. Don’t take chances with your future if you find yourself facing charges for a Hays, Guadalupe, or Comal County
theft crime. Call the Law Office of Case J. Darwin today to arrange for your free initial consultation to discuss your situation.  We will treat you with respect, listen to your story, and formulate a strategy to achieve the best possible outcome.

Call us today at (210) 960-8482 or contact us online to arrange for your free initial consultation.

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