In Texas, the penalty for a theft case is going to depend on how much property was taken. If the property is worth less than $100, it is a Class C misdemeanor. This is a citation. Usually, people who are accused of theft of less than $100 are not arrested. They are cited and given a court date. It’s still very important to take those cases seriously because they can have significant penalties. If the theft is for more than $100 and less than $750, then it’s a Class B misdemeanor, which is something that you can go to jail for. From $750 to $2,500 is a Class A misdemeanor and from $2,500 to $30,000 is a state jail felony. A state jail felony is punishable with six months to two years in a state jail facility.
A third-degree felony is theft from $30,000 to $150,000. A second-degree felony is from $150,000 to $300,000. Finally, if it’s more than $300,000, it’s considered a first-degree felony, which can be punishable anywhere from five years to life in prison. There are also possible enhancements. These enhancements include having prior felony or theft convictions or if the victim was an elderly individual or a nonprofit organization. These will enhance it to the next level and make it one level more serious than it had been before.
I Have Just Been Arrested For Theft. What Happens Next?
If you were arrested for theft, you’re going to receive a court date and that court date is going to be a pretrial conference. You need to hire a lawyer so that we can begin looking at possible defenses to avoid all of the really bad things that can happen to you for being convicted of theft. We’ll start looking at the police reports and at whether or not the state has sufficient evidence in their file to find you guilty. We’ll also start looking at potential solutions, such as pretrial diversion. In Bexar County, pretrial diversion is available for theft cases, if you are a first offender. It requires you to qualify and it’s decided on a case by case basis by the prosecutors. It is very important to hire a lawyer so that we can very quickly make the determination of whether or not we should go forward with a pretrial diversion plea or if we should gear up to fight the case.
How Do Prior Arrests And Convictions Impact My Current Theft Case In Texas?
Anyone who has been convicted two or more times of a theft conviction has the possibility of getting their charges enhanced to a state jail felony. When someone is charged with a state jail felony, they are eligible for a jail term in the amount of six months to two years. Depending on your other prior felony convictions, it can be enhanced further.
Are There Any Alternative Programs Available For First Time Theft Offenders?
When someone has not been arrested before, in Bexar County, they are eligible for something called pretrial diversion. Pretrial diversion is different than another possible alternative, which is deferred adjudication. When someone qualifies for pretrial diversion, they enter into an agreement with the state that they will do certain things and then the case will be dismissed, and they’re eligible for an expunction. When they receive deferred adjudication, the case is dismissed but it stays on their record. These alternatives allow people to admit guilt and to still keep their record as clean as possible.
For more information on Legal Punishments For Theft Charges In Texas, a free strategy session is your best next step. Get the information and legal answers you’re seeking by calling (210) 229-8300 today.
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