Law Offices Of Richard C. McConathy

Traffic Offenses

Weatherford Theft Offenses Attorney

A theft offense simply involves one person stealing another party’s property without consent. Some theft crimes are misdemeanor offenses, but others may result in felony charges depending on the value of the property involved in an alleged offense.

How aggressively a theft crime will be prosecuted can vary from case to case, but an alleged offender should not take any chances. Anybody who is accused of a theft offense will want to make sure they retain legal counsel that is adept at dealing with these kinds of criminal charges.

Were you recently arrested for a theft offense in Parker County? You will want to be sure that you have a skilled criminal defense lawyer by your side for every single court appearance.

The Law Offices of Richard C. McConathy is ready and willing to be your advocate in the courtroom as we have handled scores of different theft crimes throughout North Texas. You can have us give your case a much closer look and discussion when you call (817) 458-3226 or contact our firm online to take advantage of a free consultation.

Theft Offenses3

Theft Charges in Parker County

Under Texas Penal Code § 31.03, a person commits a theft offense if they unlawfully appropriate property with intent to deprive the owner of property. Texas Penal Code § 31.01(5) defines property as real property; tangible or intangible personal property including anything severed from land; or a document, including money, that represents or embodies anything of value.

Texas Penal Code § 31.02 states that theft as defined in Texas Penal Code § 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

Appropriation of property is unlawful if it is without the owner ’s effective consent; the property is stolen and the actor appropriates 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 theft statute further provides that:

evidence that the alleged offender has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the alleged offender’s plea of not guilty;
the testimony of an accomplice shall be corroborated by proof that tends to connect the alleged offender to the crime, but the alleged offender’s knowledge or intent may be established by the uncorroborated testimony of the accomplice;
an alleged offender engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the alleged offender pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly:
fails to record the name, address, and physical description or identification number of the seller or pledgor;
fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or
fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property.AAIt is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;
“identification number” means driver ’s license number, military identification number, identification certificate, or other official number capable of identifying an individual;
stolen property does not lose its character as stolen when recovered by any law enforcement agency;
an alleged offender engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:
fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver ’s license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;
fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or
fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed;
an alleged offender who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the alleged offender of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:
fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or
fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;
an alleged offender who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:
fails to record the name, address, and physical description of the seller or pledgor;
fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and
fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and
an alleged offender who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant ’s consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b).

Texas Penal Code § 31.03(d) states that it is not a defense to prosecution under this section that:

the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer;
the alleged offender was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or
the alleged offender was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense.
 
 

A theft  offense is classified as:

Class C misdemeanor if the value of the property stolen is less than $100;
Class B misdemeanor if the value of the property stolen is $100 or more but less than $750; the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or the property stolen is a driver ’s license, commercial driver ’s license, or personal identification certificate issued by this state or another state;
Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500;
State jail felony if the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; the property stolen is a firearm, as defined by Section 46.01; the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; the property stolen is an official ballot or official carrier envelope for an election; or the value of the property stolen is less than $20,000 and the property stolen is aluminum; bronze; copper; or brass;
Third-degree felony if the value of the property stolen is $30,000 or more but less than $150,000, or the property is cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or a controlled substance, having a value of less than $150,000, if stolen from a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or a vehicle owned or operated by a wholesale distributor of prescription drugs;
Second-degree felony if the value of the property stolen is $150,000 or more but less than $300,000; or the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or
First-degree felony if the value of the property stolen is $300,000 or more.

A theft offense is increased to the next higher category of offense if it is shown on the trial of the offense that:

The alleged offender was a public servant at the time of the offense and the property appropriated came into the alleged offender’s custody, possession, or control by virtue of his status as a public servant;
The alleged offender was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor ’s custody, possession, or control by virtue of the contractual relationship;
The owner of the property appropriated was at the time of the offense:
an elderly individual; or
a nonprofit organization;

The alleged offender was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor ’s custody, possession, or control by virtue of the contractual relationship; or during the commission of the offense, the alleged offender intentionally, knowingly, or recklessly caused a fire exit alarm to sound or otherwise become activated; deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.

Theft Penalties in Weatherford

Basic statutory penalties for misdemeanor and felony offenses are defined in Chapter 12 of the Texas Penal Code. However, these punishments can vary, depending on whether the victim was disabled or elderly, whether a weapon was used during the commission of the offense, the value of the property, and whether the alleged offender has any previous criminal convictions.

A conviction for a Class C misdemeanor theft offense can result in a fine up to $500.
A conviction for a Class B misdemeanor theft offense can result in a jail sentence up to 180 days and/or fine up to $2,000.
A conviction for a Class A misdemeanor theft offense can result in a jail sentence up to one year and/or fine up to $4,000.
A conviction for a state jail felony theft offense can result in a jail sentence from 180 days to two years and/or a fine up to $10,000.
A conviction for a third-degree felony theft offense can result in a prison sentence ranging from two to five years and/or a fine up to $10,000.
A conviction for a second-degree felony theft offense can result in a prison sentence from two to 20 years and/or a fine up to $10,000.
A conviction for a first-degree felony theft offense can result in a prison sentence ranging from five years to 99 years or life imprisonment and/or a fine up to $10,000.

Title 6, Chapter 134 of the Texas Civil Practice and Remedies Code is known as the Texas Theft Liability Act (TTLA). The TTLA allows offenders to be held civilly liable for damages resulting from theft offenses.

Under Texas Civil Practice and Remedies Code § 134.003, a person who commits theft is liable for the damages resulting from the theft, and a parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child. Texas Civil Practice and Remedies Code § 134.005 establishes that any person who has sustained damages resulting from theft can recover:

The amount of actual damages and additional damages of up to $1,000 from an alleged offender who commits theft; or
The amount of actual damages and additional damages of up to $5,000 from a person who has the duty of control and reasonable discipline of a child.

Weatherford Theft Offenses Resources

Penal Code Chapter 31. Theft – Texas Statutes — View the full chapter of state law dedicated to theft. Learn more about related crimes such as unauthorized use of a vehicle, aggregation of amounts involved in theft, and organized retail theft. You can also learn about cargo theft and mail theft.

Shoplifting Addiction – The Shulman Center — Cleptomaniacs And Shoplifters Anonymous (CASA) is a unique, independent and secular weekly self-help group founded in Detroit, Michigan in September 1992, and The Shulman Center Program has been continually evolving and fine-tuning from its earliest successful results. The group’s purpose is to provide safe, confidential and non-judgmental places for compassion, understanding and recovery from “addictive-compulsive” dishonest behavior, primarily shoplifting, fraud, kleptomania and embezzlement. Find counseling and therapy services.

Contact a Theft Offenses Lawyer in Parker County Today

If you were arrested for a theft offense in the Weatherford area, it is going to be critical for you to make sure that you have a strong criminal defense attorney by your side. Do not take any chances going into court by yourself.

The Law Offices of Richard C. McConathy can fight and try to get your criminal charges reduced or dismissed. Let us show you what we can do when you call (817) 458-3226 or contact us online to schedule a free consultation.

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DWI Blood Test Case + Prescription Meds
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DWI Breath Test Case, Result Of .224
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