SAN ANTONIO Inducement by Deception Theft Attorney
If you were charged with the crime of theft involving inducement by deception then contact an experienced criminal defense attorney in San Antonio, TX.
Don Flanary represents clients charged with theft crimes throughout the greater San Antonio area including Bexar County and the surrounding counties of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County.
Call (210) 899-7566 for a free and confidential consultation to discuss your case today.
Inducement by Deception
In some cases, the prosecutor will allege the defendant committed theft of money “by deception” by acquiring money, property or any other than of value from another without that person’s effective consent. Consent is not effective if it is induced by deception. Texas Penal Code Section 31.01(3)(A).
When a defendant is charged with theft by way of deception, the State is bound to prove deception. Fernandez v. State, 479 S.W.3d 835, 838 (Tex. Crim. App. 2016). To prove theft by deception, the State must show that the owner of the misappropriated property was induced to consent to its transfer because of a deceptive act of the defendant. Id. (citing Daugherty v. State, 387 S.W.3d 654, 659 (Tex. Crim. App. 2013)). Therefore, the prosecution must prove that the defendant’s deceptive act impacted the judgment of the property owner in the transaction. Id
By failing to correct a false impression, silence itself may constitute a deceptive act. See Fernandez, 479 S.W.3d at 839. Several important defenses exist to fight these charges at every stage.
Definitions in the Deception Theft Statute in Texas
Texas law defines the term deception to mean:
(A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;
(B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;
(C) preventing another from acquiring information likely to affect his judgment in the transaction;
(D) selling or otherwise transferring or encumbering the property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or
(E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.
Texas Penal Code Section 31.01(1)(B), (D) (2016).
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt 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.
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A History of ResultsWith 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.
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Experience You Can Count OnAt 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.
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Advice on Your TimelineWe 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.
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Free Initial ConsultationsWe 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.
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Personalized Legal Defense StrategiesAll 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.