Texas theft and burglary laws are designed to protect individuals and property from unlawful acts. These laws outline the legal framework for prosecuting and punishing those who commit theft or burglary offenses. Understanding the distinctions between theft and burglary, as well as the potential penalties, is crucial for anyone facing such charges or seeking to protect their rights.
Defining Theft Under Texas Law
Theft in Texas is defined as unlawfully appropriating property with the intent to deprive the owner of that property. This broad definition encompasses various acts, including shoplifting, embezzlement, and receiving stolen property. The key element in a theft charge is the intent to permanently deprive the owner of their property, which differentiates theft from other property-related offenses.
Theft is classified into different degrees based on the value of the property involved. For instance, if the value of the property is less than $100, the offense is considered a Class C misdemeanor, punishable by a fine. However, if the property value exceeds $300,000, the offense is categorized as a first-degree felony, carrying a potential sentence of five to 99 years in prison, along with substantial fines. This tiered approach allows the legal system to address the severity of the offense in relation to the value of the stolen property.
Exploring Burglary Offenses in Texas
Burglary in Texas involves entering a building or habitation without the owner’s consent, with the intent to commit a felony, theft, or assault. Unlike theft, burglary does not require the actual taking of property; instead, it focuses on the unlawful entry and intent to commit a crime inside. This distinction is significant, as it highlights the proactive nature of burglary laws in preventing crime before it occurs.
Burglary charges can vary depending on the type of structure involved and the intended crime. For example, burglary of a habitation, such as a home, is considered a second-degree felony, while burglary of a non-residential building is a state jail felony. The potential penalties reflect the perceived severity of invading someone’s personal space, with harsher consequences for targeting homes over businesses.
Founding Partner Founding Partner
Robert L. Rush
Kurt W. Gransee
Aggravated Theft and Burglary
Certain circumstances can lead to enhanced charges for theft and burglary offenses in Texas. Aggravated theft involves factors such as the use of a deadly weapon or targeting vulnerable victims, such as the elderly. These factors increase the seriousness of the offense and lead to more severe penalties upon conviction.
Similarly, aggravated burglary charges may arise when a deadly weapon is used or if the offense involves assault. Aggravated burglary is typically charged as a first-degree felony, reflecting the increased threat posed to individuals during the commission of the crime. The presence of weapons or violence escalates the perceived danger, warranting more substantial punishment to deter such conduct.
Defenses to Theft and Burglary Charges
Several defenses may be available to individuals facing theft or burglary charges in Texas. These defenses aim to challenge the prosecution’s case by questioning the evidence, intent, or circumstances surrounding the alleged offense. One common defense is the lack of intent, arguing that the accused did not intend to permanently deprive the owner of the property. This defense is particularly relevant in cases where the accused believed they had a legal right to the property or were attempting to recover their own property.
Another potential defense is the absence of knowledge. In some cases, individuals may be unaware that they possessed stolen property or entered a building without consent. Demonstrating a lack of knowledge can undermine the prosecution’s case, as intent and awareness are crucial elements in theft and burglary charges.
In burglary cases, defendants may also argue that there was no unlawful entry, perhaps due to permission granted by the property owner or a misunderstanding about access rights. Establishing consent or a legal right to enter the premises can weaken the prosecution’s argument of unlawful entry and intent to commit a crime.
I would like to thank Mr kurt Gransee, from day one he was very knowledgeable about the laws regarding my case and was very confident of getting a dismiss. He managed my case professionally and we got the dismiss in less than 2 months! If Mr Gransee take your case, he will be confident of what he is able to do. Thank you again Mr Gransee” - Ali Alkufaishi I had a 10 year probation on a felony charge. I got in trouble and they already had a Motion to Revoke Probation. I was worried cause my original lawyer had just died. I prayed and searched on the internet for a lawyer. Kurt Gransee was the name I stopped at. I called him and he was able to hear my plea. He set me up on a payment plan and went to work on my case. He developed a strategic defense and was able to dismiss the MTR. I was finally a free man!!! So, if you are looking for a lawyer that will work hard for you and has your best interest at heart, you definitely need Kurt Gransee in your corner. He is the best. His firm is professional & his secretary, Elsa, always kept me and my family well informed." - Damien Gomez I could not be more satisfied with the work Mr. Gransee did for me. He went above and beyond to get me the best deal I possibly could and it exceeded all my expectations. He was communicative, friendly, and incredibly helpful when I was dealing with an experience that I never thought I would be in. He put my mind at ease right from our initial conversation. I would recommend him to anyone who is in a dubious and uncertain position. Top notch professionalism, all day." - Banner Matney
The Role of Intent in Theft and Burglary Cases
Intent is a critical component of both theft and burglary charges in Texas. Prosecutors must prove beyond a reasonable doubt that the accused had the requisite intent to commit the crime. In theft cases, this means showing that the accused intended to permanently deprive the owner of the property. In burglary cases, it involves demonstrating the intent to commit a felony, theft, or assault upon entering the building or habitation.
Establishing intent can be challenging, as it often relies on circumstantial evidence. Prosecutors may present evidence such as witness testimony, surveillance footage, or the defendant’s actions to infer intent. However, defense attorneys can challenge this evidence by presenting alternative explanations or highlighting inconsistencies that cast doubt on the prosecution’s claims.
Juvenile Theft and Burglary Offenses
Juvenile offenders who commit theft or burglary offenses in Texas may face different legal proceedings and penalties compared to adults. The juvenile justice system focuses on rehabilitation and education rather than punishment, aiming to guide young offenders toward positive behavior.
Juvenile theft charges are typically handled in family court, where judges consider factors such as the offender’s age, prior criminal history, and the nature of the offense. Sentencing options may include probation, community service, counseling, or placement in a juvenile detention facility. The goal is to address underlying issues that contributed to the criminal behavior and provide support for the juvenile’s development.
For juvenile burglary offenses, the legal system similarly emphasizes rehabilitation. However, depending on the severity of the offense and the juvenile’s history, more serious consequences may be imposed. In some cases, juveniles may be tried as adults, especially if the offense involves violence or a repeat offender. This decision is made after careful consideration of factors such as the juvenile’s maturity and the potential for rehabilitation.
Choosing a Criminal Defense Attorney Bailing Someone Out of JailRelated Videos
The Impact of Prior Convictions on Sentencing
Prior convictions can significantly impact the sentencing of theft and burglary offenses in Texas. The state’s habitual offender laws impose enhanced penalties on individuals with previous felony convictions. This means that repeat offenders face longer prison sentences and higher fines compared to first-time offenders.
For theft offenses, a prior conviction can elevate the charges to a higher degree, resulting in more severe consequences. Similarly, in burglary cases, a history of similar offenses may lead to enhanced charges and penalties. The rationale behind these laws is to deter habitual criminal behavior and protect society from individuals who repeatedly engage in unlawful conduct.
Collateral Consequences of Theft and Burglary Convictions
In addition to the legal penalties, theft and burglary convictions can have significant collateral consequences for individuals in Texas. These consequences extend beyond the courtroom and can affect various aspects of a person’s life, including employment, housing, and personal relationships.
One of the most significant collateral consequences is the impact on employment opportunities. Many employers conduct background checks on job applicants, and a theft or burglary conviction can severely limit job prospects. Certain industries, such as finance, law enforcement, and healthcare, may have strict policies against hiring individuals with criminal records. Even in positions that do not require background checks, potential employers may view a conviction as a red flag, leading to job rejection.
Housing can also be affected by a criminal record. Landlords often conduct background checks on potential tenants, and a theft or burglary conviction may result in rental applications being denied. This can make it challenging for individuals to find stable housing, leading to increased stress and instability.
Furthermore, a criminal conviction can strain personal relationships. Family and friends may struggle to trust individuals with a history of theft or burglary, leading to strained or broken relationships. The stigma associated with a criminal record can also affect an individual’s self-esteem and mental health, contributing to feelings of isolation and hopelessness.
Navigating the Legal Process
Facing theft or burglary charges in Texas can be a daunting experience, but understanding the legal process can help individuals make informed decisions. The legal process typically begins with an arrest, followed by arraignment, where the accused is formally charged and enters a plea. At this stage, individuals may choose to plead guilty, not guilty, or no contest.
If the case proceeds to trial, both the prosecution and defense present evidence and arguments to support their positions. The burden of proof lies with the prosecution, who must establish the defendant’s guilt beyond a reasonable doubt. Throughout the trial, the defense may challenge the evidence, cross-examine witnesses, and present alternative explanations to create reasonable doubt.
After the trial, if the defendant is found guilty, the sentencing phase begins. During sentencing, the judge considers various factors, such as the severity of the offense, the defendant’s criminal history, and any mitigating circumstances. Sentencing options may include probation, fines, community service, or imprisonment, depending on the nature of the offense and the applicable sentencing guidelines.
Seeking Legal Assistance
Individuals facing theft or burglary charges in Texas should consider seeking legal assistance from an experienced criminal defense attorney. A knowledgeable attorney can provide guidance on navigating the legal process, understanding the charges, and building a strong defense. They can also negotiate with prosecutors to potentially reduce charges or secure favorable plea agreements.
An attorney’s experience is particularly valuable in identifying potential defenses, such as challenging the evidence, questioning the intent, or presenting mitigating circumstances. By leveraging their understanding of the legal system and familiarity with local courts, attorneys can work to achieve the best possible outcome for their clients.
At Rush & Gransee, L.C., our team of dedicated criminal defense attorneys is committed to providing effective legal representation for individuals facing theft and burglary charges in Texas. We understand the complexities of the legal system and are dedicated to protecting your rights and interests. Whether you are facing misdemeanor or felony charges, our team will work tirelessly to build a strong defense and advocate for your best interests.
Contact Rush & Gransee, L.C. Today
If you or a loved one is facing theft or burglary charges, don’t navigate the legal process alone. Contact Rush & Gransee, L.C. today to schedule a consultation with one of our attorneys. Let us help you understand your options and pursue the best possible outcome for your case. Your future and freedom are our priority, and we are here to provide the support and guidance you need during this challenging time.