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At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.
Felony theft in Texas is defined as the unlawful taking of someone else's property with the intent to permanently deprive the owner of it, where the value of the stolen property exceeds a certain threshold. In Texas, the value limit for felony theft is currently set at $2,500. This means that if the value of the stolen items is $2,500 or more, the offense is classified as a felony rather than a misdemeanor.
Understanding what constitutes felony theft is crucial for anyone facing such charges. For instance, theft of vehicles, firearms, or certain livestock can lead to felony charges regardless of their monetary value. Additionally, repeat offenders may face more severe penalties, including longer prison sentences and higher fines, emphasizing the importance of legal representation for those accused of felony theft.
The penalties for felony theft in Texas vary significantly based on the value of the property stolen and the offender's criminal history. Generally, felony theft can result in imprisonment ranging from 180 days to 99 years, depending on whether the theft is classified as a state jail felony, third-degree felony, second-degree felony, or first-degree felony.
For example, a state jail felony, which applies to thefts involving property valued between $2,500 and $30,000, can lead to a sentence of 6 months to 2 years in a state jail. In contrast, theft of property valued over $300,000 may result in a first-degree felony charge, carrying a potential sentence of 5 to 99 years. Understanding these penalties is essential for individuals to navigate their legal options effectively.
When facing felony theft charges, various defenses can be employed to contest the accusations. Common defenses include lack of intent to steal, mistaken belief of ownership, or consent from the property owner. Each case is unique, and the appropriate defense strategy will depend on the specific circumstances surrounding the alleged theft.
For instance, if a defendant can demonstrate that they believed they had permission to take the property, this may serve as a valid defense. Additionally, presenting evidence that contradicts the prosecution's claims, such as alibi witnesses or surveillance footage, can also be instrumental in achieving a favorable outcome. Legal representation is vital to identify and leverage the most effective defenses available.
If you or a loved one has been charged with felony theft in Texas, it is crucial to take immediate action to protect your rights. The first step is to seek legal counsel from an experienced attorney who specializes in criminal defense. They can help you understand the charges, potential consequences, and your legal options moving forward.
Additionally, gathering any relevant documentation, such as receipts or witness statements, can strengthen your case. It is also advisable to avoid discussing the case with anyone other than your attorney to prevent any miscommunications or self-incrimination. Taking these proactive steps can significantly impact the outcome of your case.
