Texas Property Crime Defense: Theft, Burglary, & More

A charge involving property crime in Texas can have profound and lasting effects on your life, reputation, and future opportunities. These offenses, detailed primarily within Chapters 31 and 32 of the Texas Penal Code, range from minor misdemeanors to serious felonies, carrying penalties that can include significant fines, lengthy jail or prison sentences, and a permanent criminal record. If you are facing accusations of theft, burglary, criminal mischief, or any property-related offense in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, securing experienced legal representation is crucial.

Understanding Common Texas Property Crimes

Texas law defines various offenses that fall under the umbrella of "property crimes." Here are some of the most common ones:

• Theft (Texas Penal Code Chapter 31):

  • Definition: Theft occurs if a person unlawfully appropriates property with intent to deprive the owner of that property. "Unlawfully appropriates" means taking property without the owner's effective consent or taking stolen property knowing it was stolen by another.

  • Examples: Shoplifting, car theft (though often charged as Unauthorized Use of a Vehicle, see below), embezzlement, receiving stolen property.

  • Key Distinction: The severity of a theft charge is primarily determined by the value of the property stolen.

• Burglary (Texas Penal Code Chapter 30):

  • Definition: Burglary is committed when a person, without the effective consent of the owner, enters a habitation, or a building (or any portion of a building not then open to the public), with the intent to commit a felony, theft, or an assault. It can also involve remaining concealed in a building or habitation with such intent.

  • Examples: Breaking into a home (burglary of a habitation), breaking into a business (burglary of a building), breaking into a car (burglary of a vehicle).

  • Key Distinction: Unlike theft, burglary does not require that property actually be taken, only that there was an intent to commit a specific crime (felony, theft, or assault) upon unlawful entry or concealment. The type of premises (habitation, building, vehicle) significantly impacts the charge level.

• Unauthorized Use of a Motor Vehicle (UUMV):

  • Definition: A person commits UUMV if they intentionally or knowingly operate another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner.

  • Examples: "Joyriding," failing to return a borrowed car, taking a vehicle without permission even if planning to return it later.

  • Key Distinction: The primary difference from theft of a vehicle is the intent. Theft requires intent to permanently deprive the owner, while UUMV applies even if the intent was only to use it temporarily. Theft of a motor vehicle is often filed as UUMV because of the lower standard of proof required.

• Criminal Mischief (Texas Penal Code Chapter 28):

  • Definition: A person commits criminal mischief if they intentionally or knowingly damage or destroy tangible property of another, tamper with tangible property to cause pecuniary loss or substantial inconvenience, or make markings on tangible property without effective consent.

  • Examples: Vandalism, graffiti, keying a car, breaking windows.

  • Key Distinction: The offense focuses on damage or tampering with property, rather than taking it. The severity is based on the value of the damage or the loss caused.

• Robbery (Texas Penal Code Chapter 29):

  • Definition: A person commits robbery if, in the course of committing theft and with intent to obtain or maintain control of property, they intentionally or knowingly cause bodily injury to another or threaten or place another in fear of imminent bodily injury or death.

  • Examples: Mugging, armed robbery.

  • Key Distinction: Robbery is essentially theft with the added element of violence or threat of violence. This elevates it to a significantly more serious felony offense.

General Punishment Ranges for Texas Property Crimes

The severity of property crime charges depends heavily on the value of the property involved, the type of premises, whether a weapon was used, and the defendant's criminal history. Below is a general overview; a thorough understanding requires a specific case evaluation. In addition to fines set out by law, restitution (reimbursing property owners for the value of their loss) can be ordered by the Court. 

• Theft:

  • Less than $100: Class C Misdemeanor (fine only, up to $500)

  • $100 to < $750: Class B Misdemeanor (up to 180 days jail; up to $2,000 fine)

  • $750 to < $2,500: Class A Misdemeanor (up to 1 year jail; up to $4,000 fine)

  • $2,500 to < $30,000: State Jail Felony (180 days to 2 years state jail; up to $10,000 fine)

  • $30,000 to < $150,000: Third Degree Felony (2-10 years prison; up to $10,000 fine)

  • $150,000 to < $300,000: Second Degree Felony (2-20 years prison; up to $10,000 fine)

  • $300,000 or more: First Degree Felony (5-99 years or life prison; up to $10,000 fine)

  • Note: Special categories exist for firearms, certain livestock, government documents, and repeat offenders, which can elevate charges regardless of value. For example, theft of less than $2,500 with two previous convictions is a State Jail Felony.

• Burglary:

  • Burglary of a Building: State Jail Felony (180 days - 2 years state jail; up to $10,000 fine)

  • Burglary of a Habitation: Second Degree Felony (2-20 years prison; up to $10,000 fine)

  • Burglary of a Vehicle: Class A Misdemeanor (up to 1 year jail; up to $4,000 fine)

  • Note: Penalties can be enhanced for certain circumstances, like intent to commit a felony other than theft in a habitation, or if the building is a pharmacy.

• Unauthorized Use of a Motor Vehicle (UUMV):

  • State Jail Felony (180 days - 2 years state jail; up to $10,000 fine)

• Criminal Mischief:

  • Less than $100 damage: Class C Misdemeanor (fine only, up to $500)

  • $100 to < $750 damage: Class B Misdemeanor

  • $750 to < $2,500 damage: Class A Misdemeanor

  • $2,500 to < $30,000 damage: State Jail Felony

  • Penalties continue to increase with higher damage values, similar to Theft.

  • Note: Enhanced penalties exist for damage involving certain property types (e.g., fences for livestock, public utilities) or use of a firearm/explosive device.

• Robbery:

  • Second Degree Felony (2-20 years prison; up to $10,000 fine)

  • Aggravated Robbery: First Degree Felony (5-99 years or life prison; up to $10,000 fine). This applies if a deadly weapon is used or exhibited, or if serious bodily injury is caused.

Collateral Consequences of Property Crime Convictions

Beyond fines and incarceration, a conviction for a property crime can lead to significant long-term consequences that affect various aspects of your life:

• Employment: Difficulty finding or keeping jobs, especially those requiring trust or handling money.

• Housing: Challenges in renting apartments or obtaining loans.

• Professional Licenses: Potential loss or denial of professional licenses (e.g., nursing, teaching, real estate).

• Education: Impact on eligibility for financial aid or admission to certain educational programs.

• Firearm Rights: Felony convictions result in the loss of the right to possess firearms.

• Immigration Status: For non-citizens, a conviction can lead to deportation or affect immigration applications.

Your Defense Against Property Crime Charges

Facing a property crime accusation requires a strategic and proactive defense. An arrest is not a conviction, and there are often avenues to challenge the charges against you. An experienced property crime defense attorney can:

• Investigate the circumstances of your arrest, including potential violations of your Fourth Amendment rights regarding search and seizure.

• Challenge the evidence presented by the prosecution, including witness statements, forensic evidence, and property valuation.

• Negotiate with prosecutors for charge reductions, deferred adjudication, or alternative sentencing options.

• Represent you vigorously in court, should your case proceed to trial.

Whether you're dealing with a misdemeanor theft in Rockwall County, a felony burglary in Dallas County, or any other property crime in Kaufman County, Collin County, or Hunt County, Larman Law is here to provide the dedicated legal representation you need. Larman Law understand the nuances of Texas property crime laws and is committed to protecting your rights and fighting for the best possible outcome.

Don't let a property crime charge define your future. Contact Larman Law today for a confidential consultation.

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Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.