League City Theft Defense Lawyer
Theft, as defined by Texas law, is a serious offense that can carry significant legal consequences. Section 31.03 of the Texas Penal Code outlines the legal definition of theft, specifying that a person commits theft when they unlawfully appropriate property with the intent to deprive the owner of it. If you have been charged with theft in the Galveston Bay area, attorney John Reed can help you understand the details of the charges and potential penalties you face, as well as possible defenses and strategies available to help you obtain a favorable outcome. Contact John Reed, Attorney at Law, to discuss your case with a skilled and experienced League City theft defense lawyer.
What Is Theft Under Section 31.03 of the Texas Penal Code?
Section 31.03 defines theft as the unlawful appropriation of property with the intent to permanently deprive the owner. The term “appropriate” refers to acquiring or exercising control over someone else’s property without their consent. Appropriation can also occur if the person acquires property that they know has been stolen.
Various actions can fall under the umbrella of theft in Texas, including:
- Shoplifting
- Taking someone else’s belongings without permission
- Receiving or possessing stolen property
- Misappropriating funds or assets
In any case, the key element is the intent to deprive the rightful owner of their property.
Penalties for Theft in Texas
The penalties for theft vary based on the value of the property taken, ranging from misdemeanor to felony charges. Under Texas law, the following guidelines generally apply:
- Class C Misdemeanor: Theft of property valued at less than $100. Punishable by a fine of up to $500.
- Class B Misdemeanor: Theft of property valued between $100 and $749. Punishable by up to 180 days in jail and/or a fine of up to $2,000.
- Class A Misdemeanor: Theft of property valued between $750 and $2,499. Punishable by up to one year in jail and/or a fine of up to $4,000.
- State Jail Felony: Theft of property valued between $2,500 and $29,999. Punishable by 180 days to two years in state jail and/or a fine of up to $10,000.
- Third-Degree Felony: Theft of property valued between $30,000 and $149,999. Punishable by two to ten years in prison and a fine of up to $10,000.
- Second-Degree Felony: Theft of property valued between $150,000 and $299,999. Punishable by two to twenty years in prison and a fine of up to $10,000.
- First-Degree Felony: Theft of property valued at $300,000 or more. Punishable by five to ninety-nine years in prison and a fine of up to $10,000.
Other factors that can influence the severity of the charges include the nature of the stolen item, such as theft of firearms, livestock, or public service property, which may result in enhanced penalties.
Potential Defenses to Theft Charges
Several defenses can be available to a person accused of theft. Some of the most common include:
- Lack of intent: If the accused did not intend to permanently deprive the owner of the property, a theft charge may not stand. For example, borrowing an item without the intention of keeping it does not meet the intent required for theft.
- Mistake of fact: If a person honestly believed that they had a legal right to the property in question, this could be a valid defense. An example would be taking an item that the accused believed was theirs.
- Consent from the owner: If the owner of the property consented to the accused taking or using the property, theft charges may not apply.
- Entrapment: If law enforcement officers coerced or induced the individual to commit the crime, it might be possible to argue entrapment as a defense.
Each case is unique, and the available defenses depend on the specific facts surrounding the theft allegation.
How Attorney John Reed Can Help
Theft charges might seem difficult to defend against, but a skilled criminal defense attorney can make a critical difference. John Reed, an experienced criminal defense lawyer in League City, Texas, understands the ins and outs of theft cases under Chapter 31 of the Texas Penal Code. He is also intimately familiar with the criminal justice system in Galveston County and the process required to successfully challenge a criminal prosecution.
When you work with John Reed, Attorney at Law, you can expect personalized attention to your case and a commitment to exploring every possible defense. Whether by challenging the evidence, negotiating with prosecutors, or representing you in court, John Reed will work to protect your rights and seek the best possible outcome.
Contact John Reed in League City Today
If you or a loved one has been accused of theft, it’s important to seek legal representation immediately. In League City, contact theft defense lawyer John Reed, Attorney at Law, at 281-928-8228 to schedule a free consultation. Let his experience, knowledge, and dedication work for you in defending against theft charges for a favorable outcome in your case.