Austin Theft Charge Lawyer
Theft offenses in Texas are classified by the value of the property or services alleged to have been stolen. Theft is a crime of moral turpitude. It is therefore critical to avoid a criminal conviction for a Theft offense. The negative connotation of dishonesty and untrustworthiness can permanently ruin college admissions and job opportunities.
What is Theft in Austin?
Under Texas law, theft is when an individual unlawfully appropriates property with intent to deprive the owner of property (Tex. Pen. Code Ann. § 31.03).
There are a wide range of Theft offenses in Texas, including:
- Fraud Crimes
- Grand Theft Auto
- Juvenile Theft Crimes
- Theft By Check
- Theft by Fiduciary / Misapplication of Fiduciary Duty
What are the penalties for theft in Austin?
- Class C Misdemeanor Theft: punishable by up to a $500.00 fine. The value of the property must be less than $100.00.
- Class B Misdemeanor Theft: punishable by up to 180 days in jail and a $2,000.00 fine. The value of the property must be $100.00 or more, but less than $750.00.
- Class A Misdemeanor Theft: punishable by up to one year in jail and a $4,000.00 fine. The value of the property must be $750.00 or more, but less than $2,500.00. These penalties are applicable to the theft of cable service.
- State Jail Felony Theft: punishable by 180 days to 2 years in prison and a $10,000.00 fine. The value of the property must be $2,500.00 or more, but less than $30,000.00. These penalties are applicable to credit card or debit card abuse.
- Third-Degree Felony Theft: punishable by 2-10 years in prison and a $30,000.00 fine. The value of the property must be $20,000.00 or more, but less than $150,000.00.
- Second-Degree Felony Theft: punishable by 2-20 years in prison and a $10,000.00 fine. The value of the property must be $150,000.00 or more, but less than $300,000.00.
- First Degree Felony Theft: punishable by 5-99 years or life in prison and a $10,000.00 fine. The value of the property must be $300,000.00 or more.
Can theft charges be enhanced in Texas?
Theft charges are enhanced in Texas. A prior Theft conviction might cause the penalty or punishment to be more severe in the pending case. After two or more convictions for a Theft offense, the next charge is automatically enhanced to State Jail Felony, even if the amount in question is $50.00.
- Should I hire an attorney for shoplifting in Austin?Yes. It is important to be represented by legal counsel in every criminal prosecution. Shoplifting is especially common among young adults, and it is critical for a young person with no criminal history to carefully protect their record and their future.
- Should I plead guilty to shoplifting?No. Every case has different facts, but it’s never a good idea to enter a plea just to get-it-over-with. What seems practical in the moment may have devastating, lifelong consequences. Every person charged with Theft should exhaust every possible option to avoid a permanent criminal conviction.
- Can a felony theft charge be dropped?Yes. All charges can be dropped if the State is unable to prove their case. This is especially common in Theft cases where Fraud or Misapplication of a Duty is raised. In certain circumstances, Felony charges can be dropped to Misdemeanors. Learn more.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
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Mr Porter is the real deal. You get what you pay for these days. I know that from my personal business dealings. Attorney Trey Porter was no different.
He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
WE FIGHT FOR DISMISSAL
WE FIGHT FOR DISMISSAL
DRIVING WHILE INTOXICATED .15
Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.
DRIVING UNDER THE INFLUENCE
Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.
DRIVING WHILE INTOXICATED .15+
Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.
Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.
DRIVING UNDER THE INFLUENCE
Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.
DRIVING UNDER THE INFLUENCE
Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.
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If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.