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Theft Attorney in El Paso
There is a wide spectrum of theft crimes, and they range from petty theft to felony theft and other associated crimes like burglaries and robberies. Penalties and consequences may be affected by the accused’s criminal history and the type of victim involved.
Joseph & Hartshorn serves the El Paso and West Texas areas, representing people who are facing charges related to theft crimes and other criminal charges. Give us a call today to schedule a consultation.
Range of Punishment for Theft Crimes
The range of punishment depends on the value of the property stolen. The following is the “Theft Ladder” and determines what level of misdemeanor or felony you will face if you are accused of a theft crime.
- Under $100: Class C Misdemeanor – Punishable by a fine not to exceed $500.
- $100 but less than $750: Class B Misdemeanor – Punishable by a fine not to exceed $2,000; confinement in jail for a term not to exceed 180 days; or both fine and confinement.
- $750 but less than $2,500: Class A Misdemeanor – Punishable by a fine not to exceed $4,000; confinement in jail for a term not to exceed one year; or both fine and confinement.
- $2,500.00 but less than $30,000: State Jail Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 2 years or less than 180 days.
- $30,000 but less than $150,000: 3rd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 10 years or less than 2 years.
- $150,000 but less than $300,000: 2nd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 20 years or less than 2 years.
- $300,000 and over: 1st Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for life or for any term of not more than 99 years or less than 5 years.
- Theft of a firearm is a state jail felony regardless of the value.
Burglary
In the state of Texas, burglary does not require the taking of someone’s property. The different types of charges are distinguished by the type of property trespassed. Burglary typically is when a person, without the effective consent of the owner, unlawfully enters or remains in a public or private structure with the intent to commit theft or a felony.
Texas law defines burglary as an instance wherein a person:
- Enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
- Enters a property and remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
- Enters a building or habitation and commits or attempts to commit a felony, theft, or assault.
- Burglary of a vehicle arises when, without the effective consent of the owner, breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
Penalties and punishments for burglary may range as follows:
- Burglary of a vehicle is a Class A Misdemeanor – Punishable by a fine not to exceed $4,000; confinement in jail for a term not to exceed one year; or both fine and confinement.
- Burglary of a building is a State Jail Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 2 years or less than 180 days.
- Burglary of habitation is a 2nd Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for any term of not more than 20 years or less than 2 years.
- Burglary of habitation with Intent to Commit Another Felony – 1st Degree Felony – Punishable by a fine not to exceed $10,000; imprisonment for life or for any term of not more than 99 years or less than 5 years.
Robbery
In Texas, robbery is a second-degree felony. Robbery charges carry a potential of 2 to 20 years in jail and fines up to $10,000.
The Texas Penal Code defines robbery as doing any of the following while attempting or committing a theft:
- Intentionally and knowingly causing bodily injury to another person
- Intentionally or knowingly threatening or placing another in fear of bodily injury or death
- Aggravated robbery encompasses the above in addition to the use of a deadly weapon during the course of the robbery; or causes serious bodily injury during the course of the robbery; or causes bodily injury to another or threatens or places another person in fear of imminent bodily injury or death if the other person is disabled or 65 years or older.
- Aggravated robbery is a first degree felony.
How a Theft Crime Lawyer Can Help
Facing theft, robbery, or burglary charges is a precarious situation. It’s important to proceed with caution and ensure that you are taking the right steps to avoid further trouble and build your defense. As your theft crime lawyer, Jon Joseph will discuss the various angles of your case, how to approach the charges, and the possible defense strategy.
Contact Us Today!
Are you facing theft crime charges? Find a theft attorney in El Paso and the surrounding areas that has a reputation of aggressive defense and dedication to their clients. Call Joseph & Hartshorn today for a consultation.