What Is Grand Theft in Texas? | Exploring the Penal Code

Under Texas criminal law, theft refers to the unlawful taking of another's property with the intent to deprive the original asset's owner of it permanently. Depending on the facts surrounding a case, grand theft charges could lead to severe consequences, ranging from jail time to hefty fines. This can taint a person's record, adversely impacting their career opportunities and ability to secure financial help from the banks.

At Sparks Law Firm, our experienced criminal defense attorneys understand the impact of a conviction on a defendant. We have the expertise and skills to build a strong defense and fight the theft charges.

Those who have been falsely accused in a criminal case in Fort Worth, Texas, should contact the skilled legal team at Sparks Law Firm to learn more about their rights and legal options. They can also help answer questions like what is felony theft in Texas?

What Is Grand Theft in Texas?

The Texas Penal Code §31.03 provides guidelines on when a particular crime can be classified as theft. It should have any one of the following:

• Taking property from the owner without their consent

• Taking a stolen property from someone knowing that it was stolen

• Taking a stolen property from a law enforcement agent despite the government actor explicitly making the status of the asset clearly known

When someone steals property or an item with a value less than $100, the law treats that crime as petty theft. Shoplifting is a good example.

On the other hand, stealing property worth $500 or more can lead to grand theft charges. However, it's important to understand that not all of these cases are the same, as the law may treat some as misdemeanors and others as felonies.

What Are the Consequences of Grand Theft Charges?

Under the Texas penal code, the charges depend on prior theft convictions and may vary from one case to another. Here are a few guidelines that the justice system follows:

• The value of the stolen property is between $750 and $2,500

• Class A misdemeanor

• Grand theft charges may include up to one year of jail time and a maximum fine of $4,000.

• The value of the stolen property is between $30,000 and $150,000

• Third-degree felony

• Grand theft charges may include a maximum of 10 years in prison and fines of up to $10,000.

• Stealing property between $2,500 and $30,000 in value is a state jail felony theft crime, which has a maximum fine of $10,000 and up to two years in prison.

• The value of the stolen property is between $150,000 and $300,000

• Second-degree felony conviction

• Grand theft charges may include up to 20 years in prison and a maximum fine of $10,000.

• The value of the stolen property is more than 300,000

• First-degree felony

• Grand theft charges may include up to 99 years in prison and a maximum fine of $10,000.

Besides the consequences mentioned under the Texas penal code, stealing can have far-reaching implications on the accused's life. Some industries and workplaces do not hire workers facing an alleged theft offense. This can make it challenging for the defendant to secure a job and earn a decent living.

An experienced defense attorney can help fight both the criminal penalties and other charges against the accused, giving them another chance at life. They can even have the sentences removed or reduced after a conviction.

Common Defenses to Theft Charges in Texas

There are many different legal defenses that a defendant can use to fight their grand theft charge in Texas, some of which include the following:

Claim of Right or Ownership

Before the arrest, the accused may have the right or ownership of the "stolen" property. If the defendant believes in good faith that they had the rightful claim over the asset, they can provide evidence of their belief at the time of the alleged theft.

While ownership is a legal defense, it may not be applicable in all cases. Its effectiveness can vary, which is why it's essential to seek help from an experienced attorney.

Permission

Under Texas law, defendants can argue that they had permission to take the property. However, they must provide substantial evidence for this legal defense to be effective.

Intoxication

In some cases involving intoxication, the accused may argue that they were not in their right state of mind when they allegedly stole another's property.

That said, this legal defense may not lead to an acquittal but reduce the severity of the theft charge.

Proving Innocence in a Grand Theft Case in Texas

While there are many routes to take, it's essential to understand that the burden of proof lies with the prosecutor, who must prove beyond a reasonable doubt that the accused is guilty of the theft crimes.

That said, the defendant can provide enough evidence to sway the jury or judge even the slightest, increasing their chances of an acquittal. However, prior convictions can make it difficult to prove the lack of intent, which is why the accused must work with a skilled criminal defense attorney.

What Should the Defendants Do During the Arrest?

Facing a grand theft charge can be stressful, especially if the defendant has no prior convictions. Although the accused may feel inclined to explain their innocence to the arresting officer, it's best to remain silent, as the law enforcement agency can use the statements against them.

Defendants should refrain from discussing their grand theft charge with anyone. They must speak to an experienced criminal defense attorney to discuss their case and pursue the best possible legal action.

Facing a Grand Theft Allegation? Sparks Law Firm Can Help Fight the Charges!

Theft allegations can have dire consequences on the defendant's life. The stigma of a permanent criminal record can adversely impact their career opportunities and social interactions. Fortunately, the proactive attorneys at Sparks Law have over 100 years of combined experience and can help build a strong defense.

Whether it's a misdemeanor theft or felony charge, call us or visit our law office for a free consultation. We will assess the facts surrounding your case and develop the best defense strategy to clear or reduce your sentence.