Have you been accused of committing theft or burglary? Are you unsure of the steps you should take next? If so, contact Rosenthal Kalabus & Therrian, and we’ll create an effective defense strategy to get the charges against you reduced or dropped. If you’re convicted of a theft crime, you could face severe consequences, such as prison time, expensive fines, and a permanent criminal record. You could also harm your reputation and lose your job. You can depend on us to work hard to secure your freedom and future.
Our team of dedicated McKinney criminal defense lawyers understands state laws and the procedures we must follow. When you hire us, we’ll review your case’s details and determine the right plan to obtain your goals. We know the best-case scenario is to get the case dismissed entirely. However, if that’s not an option, we might be able to negotiate a plea deal, so you receive a lesser sentence. The legal road we take will depend on the circumstances of your case.
To find out more about how we can help with your theft crimes arrest or charge, call Rosenthal Kalabus & Therrian today at (972) 369-0577 and schedule a free consultation.
Defining Theft and Burglary
Texas Penal Code 31.03 defines theft as unlawfully appropriating someone else’s property with the intent to deprive them of the property. Appropriation refers to the act of acquiring an item that does not belong to you without the owner’s consent. Examples of theft include:
- Shoplifting
- Possession of stolen property
- Insurance fraud
- Embezzlement
- Identity theft
- Forgery
- Robbery
- Unlawful use of a motor vehicle
Theft falls under two subcategories: petty and grand. The type of theft you committed depends on the item you stole and its monetary value.
- Petty theft refers to stolen property with a total value less than $500.
- Grand theft refers to stolen property with a total value greater than $500.
Texas Penal Code 30.02 defines burglary as unlawfully entering a habitation or building or remaining concealed in that habitation or building with the intent to commit a felony, theft, or assault, or committing or attempting to commit a felony, theft, or assault. Entering refers to any body part or something attached to the body. The most common types of burglary involve a building, habitation, or vehicle.
Penalties for Theft Crimes Convictions
The punishment you could face if convicted of a theft crime depends on the value of the property or services you stole. In some situations, even the type of property stolen is taken into account.
Class C misdemeanor
- Value under $50
- No jail time
- Maximum of $500 fine
Class B misdemeanor
- Value between $50 and $500
- No more than 180 days in jail
- Maximum of $2,000 fine
Class A misdemeanor
- Value between $500 and $1,500
- No more than one year in jail
- Maximum of $4,000 fine
State jail felony
- Value between $1,500 and $20,000 or a specific type of property, such as a firearm or livestock valued at less than $20,000
- 180 days to two years in state jail
- Maximum of $10,000 fine
Third-degree felony
- Value between $20,000 and $100,000
- Two to 10 years in prison
- Maximum of $10,000 fine
Second-degree felony
- Value between $100,000 and $200,000
- Two to 20 years in prison
- Maximum of $10,000 fine
First-degree felony
- Value of at least $200,000
- Five to 99 years in prison
- Maximum of $10,000 fine
Penalties for Burglary Convictions
The punishment issued for burglary depends on whether it involved a building, habitation, or vehicle.
Burglary of a building with the intent to commit a felony, theft, or assault
- State jail felony
- 180 days to two years in state jail
- Maximum of $10,000 fine
Burglary of a habitation with the intent to commit felony theft
- Second-degree felony
- Two to 20 years in prison
- Maximum of $10,000 fine
Burglary of a habitation with the intent to commit a felony other than theft
- First-degree felony
- Five to 99 years or life in prison
- Maximum of $10,000 fine
Burglary of a vehicle
- Class A misdemeanor
- Up to one year in jail
- Maximum of $4,000 fine
Penalties for Additional Theft Crimes
Shoplifting sentencing is based on the value of the stolen item.
Class C misdemeanor
- Value less than $10
- $500 fine
Class B misdemeanor
- Value between $100 and $750
- $2,000 fine
- Up to 180 days in jail
Class A misdemeanor
- Value between $750 and $2,500
- $4,000 fine
- Up to one year in jail
State jail felony
- Value between $2,500 and $30,000
- $10,000 fine
- Up to two years in jail
Sentencing for embezzlement also depends on the amount of money involved in the crime.
Class C misdemeanor
- Value under $50
- Up to a $500 fine
Class B misdemeanor
- Value between $50 and $500
- Up to $2,000 fine
- Maximum of 180 days in jail
Class A misdemeanor
- Value between $500 and $1,500
- Up to $4,000 fine
- Maximum of one year in jail
First-degree felony
- Value between $20,000 and $100,000
- Up to $10,000 fine
- Two to 10 years in prison
Second-degree felony
- Value between $100,000 and $200,000
- Up to $10,000 fine
- Two to 20 years in prison
First-degree felony
- Value over $200,000
- Up to $10,000 fine
- Five to 99 years in prison
Fraud is a felony charge in Texas. If the activity resulted in an injury or fatality, enhanced penalties are issued by the courts.
- Capital felony: Life in prison without the possibility of parole or death penalty
- First-degree felony: Five years to life in prison and a $10,000 fine
- Second-degree felony: Two to 20 years in state prison and a $10,000 fine
- Third-degree felony: Two to ten years in prison and a $10,000 fine
- State jail felony: Six months to two years in prison and a $10,000 fine
Robbery is a second-degree felony. The punishment is between two and twenty years in prison and up to a $10,000 fine. If the offense caused serious bodily injury, caused someone disabled or over 65 years old to fear bodily injury or death, or involved using a deadly weapon, it would become a first-degree felony aggravated robbery. The penalty is five to 99 years in prison and up to a $10,000 fine.
Forgery sentencing is based on the item involved in the crime and whether the victim was an older adult over 65.
State jail felony
- Involves a deed, will, check, mortgage, contract, credit card, authorization, security agreement, or release for payment of money or to debit a financial account
- Maximum of $10,000 in fines
- 18 months to two years in jail
Third-degree felony
- Involves stocks or bonds, postage or revenue stamps, paper money, government record, or a state or national government-issued item
- Maximum of $10,000 in fines
- Two to ten years in prison
Class A misdemeanor
- Involves an item not included in the third-degree or state felony penalties
- Maximum of $4,000 in fines
- Up to one year in jail
Fighting Against Theft or Burglary Charges
If you’re facing a conviction for a theft or burglary offense, you might wonder how to handle the legal proceedings ahead. Rosenthal Kalabus & Therrian will take the burden off you and take care of each step on your behalf. There are various defenses we could use during your trial to get the charges reduced or dropped entirely.
Mistake. Sometimes theft is just an honest mistake. Shoplifting is a common form of theft that occurs by accident. Maybe you became distracted while trying on a necklace and walked out of the store with it still around your neck. Other times, a shopper leaves an item in their shopping cart without noticing while they’re checking out. If you had no intention of stealing the item, this defense might be right for you.
Duress. Someone forced or threatened you into committing theft or burglary. You didn’t want to do it, but you feared for your life or your family’s life.
Lack of evidence. If the prosecutor doesn’t have enough evidence to prove beyond a reasonable doubt that you’re guilty of the offense, they might drop the case against you. We could discount evidence they do have or poke hole’s in their theory.
Violation of rights. If the investigating officers violated any of your rights during the arrest process, we could file a motion to suppress evidence. Maybe law enforcement failed to obtain a search warrant before searching your home or car. If that’s the case, anything they collected that could prove you’re guilty of theft would not be admissible in court.
Schedule Your Free Consultation Today
At Rosenthal Kalabus & Therrian, we have a legal team with the experience, knowledge, resources, and skills to handle any type of theft or burglary case. If you’re facing a misdemeanor or felony conviction, you need a strong defense strategy so you won’t have to serve time behind bars. We’ll fight to protect your rights and attempt to reach a plea agreement or get your case dismissed.
You might feel lost and unsure of what steps to take after getting arrested. The most crucial thing you can do is hire a dedicated McKinney theft crimes defense lawyer from Rosenthal Kalabus & Therrian. We know you’re feeling overwhelmed by the legal road ahead. We’ll help you navigate it and handle every legal aspect of your case so you can focus on yourself and your family.
Call us today at (972) 369-0577 for a free consultation to find out more about our legal services or discuss the theft or burglary charges against you.