Texas statutes apply specific definitions to theft-related offenses so that the public understands what constitutes a crime. Unless prosecutors have met their burden of proof in your case, you should walk away from the court as a free man or woman. However, theft charges are challenging to defend alone since prosecutors believe they already have enough evidence to convict you.
Protect your defense from the outset by hiring an expert Houston criminal defense lawyer at Walter J. Pink & Associates, PC. Our legal team carries a 50-year legacy of action and results that we want to put behind your charges. Learn more about how we could help you at no cost or obligation during a free consultation at (713) 664-6651.
Why Choose Walter J. Pink & Associates, PC
Walter J. Pink & Associates, PC, has a deep understanding of theft-related offenses in the Houston area and Texas. Beyond knowledge, clients hire our Texas theft defense lawyers in Houston for:
- Experience—Our law firm has acquired experience across three generations and over 25,000 cases. We know our way around criminal defense matters.
- Results—We see every case as being defensible, regardless of how guilty the prosecutor thinks they are. Walter J. Pink & Associates, PC, will always fight for the results that you want and deserve.
- Service—Clients describe us as a team with integrity, strategies, and empathy for their situation. We are unwavering in our approach.
Defining Theft in Houston
Theft in the state of Texas can be found in the Texas Penal Code (TPC) § 31.03, which states, in part:
- A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of the property.
- Appropriation is unlawful if:
- It is without the owner’s effective consent;
- The property is stolen and the actor appropriated the property knowing it was stolen by another; or
- Property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
The difference between theft and robbery is in the methodology of “unlawfully appropriating” the property in question. A robbery is when the appropriating and taking of property involves force, physical harm, threats, and/or coercion.
Theft is expansive and has many forms including shoplifting, theft of services, embezzling, extortion, receiving stolen goods, and borrowing something without the intent of returning, among others.
The punishment for theft depends on the value of the property involved, because of this, the classification of theft can be as low as a Class C misdemeanor, with a punishment range of up to a $500 fine, when less than $50 is involved to a first-degree felony, a punishment range of 5 to 99 years in the Texas Department of Criminal Justice (TDCJ), when $200,000 or more is involved.
We also serve those with wrongful robbery or burglary charges, contact a Houston robbery defense attorney or Houston burglary defense attorney today.
Potential Consequences of a Theft Conviction
The penalties for theft in Houston vary based on the classification:
- Class C Misdemeanor: A fine of up to $500.
- Class B Misdemeanor: Up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.
- State Jail Felony: 180 days to 2 years in state jail and a fine of up to $10,000.
- Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony:2 to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony:5 to 99 years in prison and a fine of up to $10,000.
The Role of a Houston Theft Attorney
Facing theft charges in Houston necessitates the mastery of a seasoned defense attorney:
- Case Evaluation: An experienced attorney can assess the specifics of your case, identifying potential defense strategies.
- Evidence Analysis: Scrutinizing every piece of evidence, from surveillance footage to witness testimonies, is crucial in building a robust defense.
- Legal Defense Strategy: Crafting a compelling defense strategy can significantly influence the case outcome. This could involve arguing mistaken identity, lack of intent, or even challenging the valuation of stolen items.
- Court Representation: In the courtroom, a defense attorney advocates on behalf of the accused, presenting a counter-narrative to the prosecution’s claims.
Texas Theft Charges Are Defensible in Court
It is terrifying to face theft charges since your freedom and reputation are on the line. If you have a valid reason for taking the property, it is critical to communicate this information to your Houston theft defense attorney. We will investigate the facts of your case, hire experts, and argue in court on your behalf if you choose to hire us.
Walter J. Pink & Associates, PC has successfully applied the following defenses in criminal defense matters:
- Abandoned property defenses
- Alibi defenses
- Ownership defenses
- Consent-to-take defenses
- Forced theft defenses
- Insufficient evidence
- Intoxication/incapacitation
- Mistaken identity
- No intent to deprive owners
- Other personalized defenses
Were you involved with the theft in some manner but believe your charges are unfounded? If so, Walter J. Pink & Associates, PC, will help you make legal decisions if your primary objective is to reduce your charges or receive an alternative sentence. No matter what, our legal team will stand by your side throughout the entire process.
Call Us for a Free Conversation
You should never pay the consequences for a theft crime that you did not commit or remains unproven by prosecutors. You deserve a legal team that will fight to help you overcome challenges and celebrate successes. Schedule your free consultation with our Texas theft defense lawyers in Houston by calling (713) 664-6651 or message us at your convenience.