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Theft Crimes

San Antonio Theft CRIME ATTORNEY

If you were arrested for a theft crime in the greater San Antonio area, then contact an experienced criminal defense attorney at Flanary Law Firm, PLLC. Don Flanary represents clients charged with property and theft crimes throughout San Antonio and Bexar County. He also represents clients in the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.

Theft Crimes Defined

A person commits theft “if he unlawfully appropriates property with intent to deprive the owner of the property.” Penal Code § 31.03(a). The potential penalties for a theft crime depend, in part, on the type of property stolen and the value of the property stolen. Penalties can range from a Class C misdemeanor all the way up to a first-degree felony.

The most common form of theft is shoplifting an item from a retail establishment such as a department store. Another common type of theft charge occurs when an employee steals money or other property from an employer.

A theft can become elevated to a robbery if the person intentionally or knowingly threatens or places another in fear of imminent bodily injury. Penal Code § 29.02.

Call for a free consultation to discuss the criminal charges pending against you and the best ways to aggressively fight the charges at every stage of the case. Call (210) 899-7566 today.

Contact Our Firm
Ready to take action? Reach out to us today and let's start working towards your legal goals together. Whether you have questions about your case, need immediate assistance, or want to schedule a consultation, our experienced team is here to help.

Penalties for Theft Crimes in Texas

The current punishment for theft crimes in Texas is listed below:

  • Theft is classified as a Class C Misdemeanor when:
    • The value of the property stolen is less than $100.
  • Theft is classified as a Class B Misdemeanor when:
    • The value of property stolen is $100 or more but less than $750;
    • The value of the property stolen is less than $100 and the defendant has been previously convicted of theft;
    • The property stolen is a driver’s license, commercial driver’s license, or personal identification certificate issued by any state.
  • A theft is classified as a Class A Misdemeanor when:
    • The value of the property stolen is $750 or more but less than $2,500.
  • A theft is classified as a State Jail Felony when:
    • The value of property stolen is $2,500 or more but less than $30,000;
    • The property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000;
    • Regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
    • The property stolen is a firearm;
    • The value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft;
    • The property stolen is an official ballot or official carrier envelope for an election;
    • The property stolen is aluminum, bronze, or copper wire, and the value is less than $20,000;
    • The property stolen is tubing, rods, or watergate stems and the value is less than $20,000.
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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Presumptions in Theft Cases in Texas

Possession of recently stolen property is not sufficient to establish knowledge that property was stolen. Walker v. State, 539 S.W.2d 894 (Tex.Crim.App. 1976). Instead, Texas law provides that the possession of property recently stolen is a mere circumstance from which no inference of guilt is drawn as a matter of law.

When the offers an explanation when arrested that he bought the property in good faith without knowledge that it had been stolen, good faith and lack of knowledge defense should be submitted to the jury, but instruction on “recent possession and explanation” is unnecessary. Callaway v. State, 151 Tex.Crim. 94, 204 S.W.2d 842 (1947).

In some cases, the prosecutor will ask for jury instruction regarding receivers in the business of receiving second-hand property. In other cases, the use of
the Penal Code § 31.03(c)(3) presumption regarding second-hand dealers would be unconstitutional as applied to the defendant because failure to record the required information was not under the facts of this case, an indicator that, more likely than not, he knew that any given item he may have bought had been unlawfully acquired.

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