The Matlock Law Firm, P.C.
Theft Crimes
Theft is a large category of possible criminal actions in both State and Federal courts. Routine theft crimes are typically prosecuted in State court, however there are Federal prosecutions of certain types of thefts.
There are many consequences to a theft conviction, whether in State or Federal courts. Aside from the very real consequences of being convicted of a crime, there are also many collateral consequences of a theft conviction. These may involve ineligibility for Federal financial aid or possible difficulties obtaining a job.
If you are charged with one of the various types of theft crimes in either State or Federal courts, contact an attorney with the necessary experience and skills to obtain the best possible result for the charge. Contact the Matlock Law Firm and attorney Shawn Matlock.
Texas State Theft Crimes
Simple Theft
Theft crimes in Texas can encompass several types of criminal allegations. Whether it be simple theft as codified in Texas Penal Code Chapter 31, or a more violent and serious allegation such as Robbery or Burglary, Chapters 29 and 30 respectively.
Simple theft crimes are classified as either misdemeanors or felonies depending upon the value of the item allegedly stolen. For example, a theft allegation involving a value between $50 to $500 is a Class B misdemeanor, however a theft involving a value between $20,000 to $100,000 is a Third Degree Felony.
There are number of possible ways in which a person could be alleged to have committed Theft in the State of Texas. For the entire Theft statute, please see below, or click here.
In addition to simple Theft charges, a citizen can be charged with the crime of Unauthorized Used of a Vehicle in violation of Texas Penal Code Section 31.07.
Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.
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(b) An offense under this section is a state jail felony.
Robbery
If a person, in the commission of a theft crime, places someone in fear of bodily injury or death, or causes bodily injury, he has committed the crime of Robbery. Robbery in Texas is a Second Degree Felony, which carries a range of punishment of between two and twenty years in the Texas Department of Corrections, and up to a $10,000 fine.
Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
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(b) An offense under this section is a felony of the second degree.
Aggravated Robbery
Aggravated Robbery is the commission of Robbery which causes serious bodily injury, uses or exhibits a deadly weapon, or places a disabled person or elderly person to be in fear of death or bodily injury. Aggravated Robbery is a First Degree Felony, punishable by between five and ninety-nine years or life in prison, and up to a $10,000 fine.
Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
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(c) In this section, "disabled person" means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.
Burglary
Burglary in Texas could conceivably be either a Theft crime or an Assault crime, depending upon the action committed or intended after entering either a building or habitation. Burglary is designated as either Burglary of a Building, Burglary of a Vehicle, or Burglary of a Habitation.
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) Except as provided in Subsection (d), an offense under this section is a:
(1) state jail felony if committed in a building other than a habitation; or
(2) felony of the second degree if committed in a habitation.
(d) An offense under this section is a felony of the first degree if:
(1) the premises are a habitation; and
(2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.
Sec. 30.04. BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
(b) For purposes of this section, "enter" means to intrude:
(1) any part of the body; or
(2) any physical object connected with the body.
(c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.
(d) An offense under this section is a Class A misdemeanor, except that:
(1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; and
(2) the offense is a state jail felony if:
(A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or
(B) the vehicle or part of the vehicle broken into or entered is a rail car.
(d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
(e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
Federal Identity Theft
Federal prosecutors prosecute cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act, 18 U.S.C. §1028. This legislation created a new offense of identity theft, which prohibits knowingly transferring or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.
This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.
Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), or financial institution fraud (18 U.S.C. § 1344). Each of these federal offenses are felonies that carry substantial penalties in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.
If you find yourself being investigated for or charged with a Federal Theft crime, contact the Matlock Law Firm for immediate, aggressive representation.
Fort Worth Theft Criminal Defense Attorney/ Tarrant County Theft Defense Lawyer/ Texas Theft Criminal Defense Attorney/ Federal Criminal Defense Attorney
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