San Antonio Theft CRIME ATTORNEY

• A theft is classified as a Third-Degree Felony when:
  • The value of property stolen is $30,000 or more but less than $150,000;
  • The property is cattle, horses, or exotic livestock or fowl stolen during a single transaction and the aggregate value is less than $150,000;
  • The property is 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000;
  • The value of property stolen is $20,000 or more but less than $100,000.
• A theft is classified as a Second-Degree Felony when:
  • The value of property stolen is $150,000 or more but less than $300,000;
  • 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.
• A theft is classified as a First-Degree Felony when:
  • The value of the property stolen is $300,000 or more;

Aggravated Factors Leading to Enhanced Penalties

An offense described for purposes of punishment set out above increases to the next higher category of offense if it is shown on the trial of the offense that:

• The defendant caused a fire exit alarm to sound or become activated;
• The defendant deactivated or prevented a fire exit alarm or retail theft detector from sounding;
• The defendant used a shielding or deactivation instrument to prevent or attempt to prevent the detection of the offense by a retail theft detector;
• The property was owned by a non-profit organization;
• The owner of the property appropriated was, at the time of the offense, an elderly individual;
• The defendant 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 defendant’s custody, possession, or control by virtue of the contractual relationship;
• The defendant was in a contractual relationship with a government at the time of the offense and the property appropriated came into the defendant’s custody, possession, or control by virtue of the contractual relationship; or
• The defendant was a public servant at the time of the offense and the property appropriated came into the defendant’s custody, possession, or control by virtue of his status as a public servant.

Definitions Under the Theft Statute in Texas

Texas law provides for several legal definitions for terms used in statutes related to theft crimes. For instance, the term appropriate means to acquire or otherwise exercise control over property other than real property.” Penal Code § 31.01(4)(B). Appropriation of property is unlawful if it “is without the owner’s effective consent.” Penal Code § 31.03(b)(1).

An intent to deprive an owner of his property means an intent “to withhold the property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner.” Penal Code § 31.01(2)(A).

The term “effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if it is:

• Induced by deception or coercion;
• Given by a person the actor knows is not legally authorized to act for the owner;
• Given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;
• Given solely to detect the commission of an offense; and
• Given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.