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.
Attorney for Inducement by Deception Thefts in Texas
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 210-880-3931 for a free and confidential consultation to discuss your case today.
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).
Was really in a difficult situation Mr. Flannery and Amanda Hernandez came to the rescue, all my cases have been dropped/dismissed and I couldn’t be happier if you find yourself needing a lawyer I would definitely come back to them again.
Amazing, Awesome, Seasoned, Professional, Highly Skilled and Caring. That’s what Don Flanary and his law firm associates are and more. I found the Flanary Law Firm while searching for legal help for my son. At the time my family was distraught …
Without going into too much detail about what I was being accused of, my case was a life changing one. I was being accused of one of the worst things human being can be accused of. I did a ton of research on top attorneys in San Antonio and wha…
My fiancé and I had never needed a lawyer before and we knew we needed someone with experience and who was familiar with our local courts. We interviewed with your typical overly-advertised law firms, but we didn’t feel like we were being take…
I highly recommend Donald H. Flanary to anyone who needs help with a legal matter. Mr. Flanary and his team worked hard on my behalf and achieved the best possible result in my case. His knowledge and ability within the courtroom are excellent,…
If you are looking for an attorney, then look no further! Don and Amanda will fight for you and guide you through the process. Great office staff and assistants.
River City Shooters
Contact Flanary Law Firm, PLLC
Submit your information to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in San Antonio, Texas.
*By submitting the form, you are requesting a free and confidential consultation with one of our attorneys to discuss the specific facts of your case. We will evaluate your unique situation and provide you with valuable information about how an attorney may be able to help you. Please do not provide any confidential or time-sensitive information using this online contact form. If your situation is urgent, please call us at 210-880-3931 We look forward to hearing from you.