Theft Attorney San Antonio
Being accused of stealing can jeopardize your future, your career, and your freedom. If you are facing allegations, hiring an experienced theft attorney in San Antonio is the most important step you can take. At the Law Office of Genaro R. Cortez, PLLC, we provide aggressive criminal defense for theft crimes throughout San Antonio and Bexar County, helping clients navigate the complexities of the Texas Penal Code.
How Prosecutors in Bexar County Prove Theft Crimes
Prosecutors in San Antonio must prove each of the facts listed in the table below by proof beyond a reasonable doubt to a judge or jury. An experienced theft attorney in San Antonio will review your case to make sure the prosecutor did not make a mistake with either the value of the property or with its proof showing you had criminal intent to commit a theft crime.
More importantly, a San Antonio theft defense attorney will meet with you in person to review the file. This is a key part of the defense. In many cases, prosecutors rely solely on the victim’s version of events. However, the victim may be mistaken or have a reason to falsely accuse you of a crime. The in-person meetings will help the defense attorney work with the client to provide the strongest defense possible.
| Texas Penal Code Section 31.03. | Texas Theft Legal Definition. |
|---|---|
| (a)(1) | A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. |
| (b) | Appropriation of property is unlawful if: |
| (b)(1) | It is without the owner's effective consent; |
| (b)(2) | The property is stolen and the actor appropriates the property knowing it was stolen by another; or |
| (b)(3) | Property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. |
What are examples of Theft charges in Texas?
The Texas theft law covers a wide range of crimes. It includes:
- Shoplifting;
- Writing hot checks;
- Stealing cars;
- Swindles;
- Fraud;
- Embezzlement; and
- Stealing computers, phones, or tables from stores.
How a San Antonio Criminal Defense Attorney Defends Misdemeanor Theft
In Texas, theft is categorized by the value of the property. Whether you are facing a Class C or a Class A misdemeanor, a theft defense lawyer in San Antonio can help you seek a reduction in charges or a dismissal. This can help you qualify for either an expungement or non-disclosure when your case is over.
Felony theft defense in San Antonio, Texas
If the value of the property is $2,500 or more, the charge becomes a felony. Felony convictions carry life-altering consequences, including prison time and the loss of your right to own a firearm or vote. Because the stakes are so high, it is critical to work with a criminal defense attorney that handles theft crimes at the felony level.
Further, in Texas, felony theft crimes are divided into the following categories:
- State Jail: The amount stolen is $2,500.00 or more, but less than $30,000.00.;
- Third Degree: The amount stolen is $30,000.00 or more, but less than $150,000.00;
- Second Degree: The amount stolen is $150,00 or more, but less than $300,000; and
- First Degree: The amount stolen is $300,000.00 or more.
This means your case becomes even more serious as the value of the property goes up. A proven San Antonio defense lawyer can investigate the evidence and protect your record.
What are the penalties for Theft in Bexar County, Texas?
| Classification of Theft Offenses in Texas. | Amount Stolen. | Jail Time. |
|---|---|---|
| Class C Misdemeanor. | Less than $100.00. | A fine no to exceed $500.00. |
| Class B Misdemeanor. | $100.00 or more but less than $750.00. | (1) A fine not to exceed $2,000.00; (2) Up to 180 days (6 months) in jail; or (3) Both a fine and jail time. |
| Class A Misdemeanor. | $750.00 or more but less than $2,500.00. | (1) A fine not to exceed $4,000.00; (2) Up to one year in jail; or (3) Both a fine and jail time. |
| State-Jail Felony. | $2,500.00 or more but less than $30,000.00. | (1) A fine of up to $10,000.00; (2) Between 180 days (6 months) and 2 years in State Jail; or (3) Both a fine and jail time. |
| Third-Degree Felony. | $30,000.00 or more but less than $150,000.00. | (1) A fine of up to $10,000.00; (2) Between 2 and 10 years in the Texas Department of Criminal Justice (TDC); or (3) Both a fine and jail time. |
| Second-Degree Felony. | $150,000.00 or more but less than $300,000.00. | (1) A fine of up to $10,000.00; (2) Between 2 and 20 years in the Texas Department of Criminal Justice (TDC); or (3) Both a fine and jail time. |
| First-Degree Felony. | $300,000.00 or more. | (1) A fine of up to $10,000; (2) Between 5 years and life or 99 years in the Texas Department of Criminal Justice (TDC); or (3) Both a fine and jail time. |
Is theft of a firearm a felony in Texas?
Yes. Texas law makes it a felony to steal a gun. The penalty for stealing a gun is:
- State-Jail Felony;
- It carries between 180 days (6 months) and up to 2 years in state jail; and
- It carries a fine of up to $10,000.00.
Why You Need a San Antonio Theft Attorney for Felony Charges
Prosecutors in San Antonio and Bexar County take felony theft extremely seriously. Whether you are facing a State Jail Felony for a shoplifting “enhancement” or a First-Degree Felony for complex white-collar allegations, your future depends on your defense.
As a theft attorney in San Antonio, Texas, Genaro Cortez investigates the evidence to see if the prosecution can actually prove the “intent to deprive” or if the valuation of the property is being overinflated to reach a felony threshold. Our goal is always to protect your record and seek a reduction or dismissal whenever possible.
Consult with a San Antonio Theft Defense Lawyer Today
Don’t let a theft charge stay on your permanent record. A conviction for a “crime of moral turpitude” can prevent you from getting jobs or housing. If you need a criminal defense attorney in San Antonio who understands theft laws and will fight for your rights, contact the Law Office of Genaro R. Cortez, PLLC at (210) 733-7575 for a free consultation.
Genaro R. Cortez is a proven San Antonio theft attorney with over 20 years of experience defending Bexar County residents against both misdemeanor and felony charges. As a criminal defense attorney who handles theft crimes of all sizes, Genaro provides the aggressive representation needed to protect your future.
What is the difference between a misdemeanor and felony theft charge in Texas?
If the value of the stolen property is less than $2,500.00., then the crime is a misdemeanor. If the value of the stolen property is $2,500 or more, then it is a felony crime.
Can a theft charge in San Antonio be dismissed?
Yes. It is possible. But it will depend on the prosecutor, the victim, and the type of theft case. Often if the defendant can pay back the value of the stolen property, the charges can get reduced or dropped.
Is shoplifting in Texas a misdemeanor or felony crime?
It will depend on the value of the property that is allegedly stolen. If it is computer or video equipment that costs more than $2,500.00, then it will be a felony. If the value is less than $2,500.00, then it will be a misdemeanor crime.
Is theft of a firearm a felony even if the gun costs less than $2,500.00?
Yes. Texas law makes it a state-jail felony to steal a firearm regardless of the price of the firearm.
Can I get probation for a theft crime in San Antonio, Texas?
Yes. A person arrested for Theft in Bexar County, Texas is eligible for probation.
Can I go to jail for shoplifting in San Antonio, Texas?
Yes. Jail time is possible for Class B misdemeanor theft crimes and above. However, most first-time offenders are eligible for probation and may have alternative options available in San Antonio, Texas.