Houston Theft Attorney

Houston theft charges can result in serious penalties upon conviction, including probation, high monetary fines, and even jail time, depending on the circumstances. If you are currently facing a theft charge in Houston, Texas, experienced criminal defense lawyer Eric Benavides at Benavides Law Group can handle every step of the process for you and pursue a favorable result in your case.

For a free case evaluation and legal consultation with an experienced Houston theft lawyer, please call us at (713) 222-2828 or contact us online today for more information.

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Why Should We Represent You in Your Criminal Case?

The potential penalties for a Texas theft conviction, not to mention the collateral consequences on your life, can be extremely serious. Consequently, you want an experienced criminal defense attorney in your corner, advocating for you every step of the way.

Experienced Houston theft attorney Eric Benavides at Benavides Law Group has a strong track record of success in achieving favorable results for clients, both through acquittals/dismissals in court and favorable plea deals with state prosecutors. Attorney Benavides will aggressively fight for your rights and pursue the best possible result that’s available in your theft case. To view recent client testimonials and case results, please click on the following links.

Benavides Law Group is conveniently located at 2180 North Loop West, Suite 310, Houston, TX 77018.

Potential Penalties and Collateral Consequences for a Houston Theft Conviction

In Houston, Texas, a theft conviction can have serious penalties and collateral consequences that may affect various aspects of a person’s life. The Texas legal system treats theft offenses with varying degrees of severity based on the value of the allegedly stolen property and the circumstances surrounding the offense.

Potential Penalties:

• Misdemeanor Theft – If the value of the allegedly stolen property is less than $2,500, the offense is usually classified as a misdemeanor. Misdemeanors are divided into three classes:

• Class A Misdemeanor – This can result in up to 1 year in county jail and/or a fine of up to $4,000.

• Class B Misdemeanor – This may lead to up to 180 days in county jail and/or a fine of up to $2,000.

• Class C Misdemeanor – This is the least severe and involves fines of up to $500 without jail time.

• Felony Theft – For allegedly stolen property valued at $2,500 or more, the theft becomes a felony:

• State Jail Felony – If the value is between $2,500 and $30,000, it can lead to 180 days to 2 years in a state jail and/or a fine up to $10,000.

• Third-Degree Felony – If the value is between $30,000 and $150,000, it can result in 2 to 10 years in prison and/or a fine up to $10,000.

• Second-Degree Felony – For theft of property worth $150,000 to $300,000, penalties include 2 to 20 years in prison and/or a fine up to $10,000.

• First-Degree Felony: If the value exceeds $300,000, the conviction can lead to 5 to 99 years in prison and/or a fine up to $10,000.

Potential Collateral Consequences:

• Employment – A theft conviction can severely limit job prospects. Many employers conduct background checks, and a criminal record may disqualify an individual from certain positions – especially those requiring high levels of trust, such as in financial services or security.

• Housing – Finding housing can also be challenging, as landlords often check applicants’ criminal backgrounds. A theft conviction may lead to difficulties in securing rental properties.

• Educational Opportunities – A criminal record can affect eligibility for educational grants, scholarships, and even admissions to certain institutions.

• Professional Licenses – Certain professions require licenses, which can be affected by a criminal record. Professions like law, medicine, or real estate may deny licenses to individuals with theft convictions.

• Civil Rights – A felony conviction can lead to the loss of voting rights and difficulties in obtaining certain government benefits.

Legal Elements of a Houston Theft Charge

To secure a theft conviction in Texas, a prosecutor must prove several key legal elements beyond a reasonable doubt. These elements establish that a crime has occurred and that the accused individual (the defendant) is guilty of theft according to Texas law.

• Unlawful Taking of Property – The prosecutor must first demonstrate that the defendant unlawfully took property. This means the property was taken without the owner’s consent. It doesn’t matter if the defendant intended to permanently deprive the owner of the property or just intended to borrow it; the act must be without permission.

• Property Belonging to Another Person – The prosecutor must also prove that the property belonged to someone else – and that the defendant knew or should have known the property was not theirs. This element ensures that the theft involves someone else’s belongings and not the defendant’s own property.

• Knowledge of Theft – The defendant must have known that their actions were unlawful. The prosecutor must demonstrate that the defendant was aware that taking the property was not authorized. Even if the defendant didn’t intend to commit theft, if they knew their actions were wrong, it supports the case against them.

• Intent to Permanently Deprive the Owner – The prosecution must also prove that the defendant intended to permanently deprive the owner of the property. This means that the defendant had the intention of taking the property without returning it. In Texas, the intent to permanently deprive is a crucial element and indicates that the theft was deliberate rather than accidental.

• Value of the Property – For different levels of theft charges, the value of the property is essential. The prosecutor must establish the value of the stolen property to determine whether the alleged theft is a misdemeanor or a felony. Texas law categorizes theft based on the value of the allegedly stolen goods, and this classification affects the severity of the penalties upon conviction.

Each of these elements must be proven for a theft conviction to be secured.

Successfully Defending Against a Theft Charge in Houston

When facing a theft charge in Houston, Texas, there are several common legal defenses that an individual can use to challenge the prosecution’s case. Each defense aims to show that the defendant should not be held criminally responsible for the alleged theft. Here are some of the most frequently used legal defenses to a theft charge:

• Lack of Intent – One of the key elements of theft is the intent to permanently deprive the owner of their property. If a defendant can show that they did not intend to steal the property and merely borrowed it or took it by mistake, this defense may be effective. For example, if someone accidentally took an item believing it was theirs, this can negate the intent to commit theft.

• Consent – If the property was taken with the owner’s permission, there is no theft. This defense argues that the defendant had lawful authority to take or use the property. For instance, if a friend allowed you to borrow their car and you are accused of theft, proving that consent was given would be a strong defense.

• Mistake of Fact – This defense argues that the defendant had a reasonable and honest belief that they had a right to the property in question. If a defendant thought the property belonged to them or was given to them, this can be a valid defense. The key is that the belief must be reasonable and genuinely held.

• False Accusation – Sometimes, people are falsely accused of theft. If a defendant can provide evidence showing that they were wrongly identified or that someone else was responsible for the theft, this defense may be effective. Witnesses or alibis that place the defendant elsewhere can help establish innocence.

• Insufficient Evidence – The prosecution must prove their case beyond a reasonable doubt to secure a conviction against the defendant. If the evidence presented is weak or insufficient to prove the defendant’s guilt, the defense can argue that the prosecution has not met its burden. This may include challenging the reliability of witnesses or the accuracy of evidence.

• Ownership or Possession – In some cases, the defendant may argue that they had lawful ownership or possession of the property in question. This can involve showing receipts, proof of purchase, or other documentation that demonstrates the property belonged to the defendant.

Skilled Houston theft lawyer Eric Benavides at Benavides Law Group can determine which of these defenses we can raise in response to the theft charge you’re currently facing.

Deciding Between a Plea Deal and a Trial in a Houston Theft Case

Deciding whether to take a Houston, Texas, theft case to trial or accept a plea deal is a significant decision that can affect your future. Several factors should be considered carefully before making a choice.

• First, evaluate the strength of the evidence against you. If the evidence is weak or questionable, going to trial may give you a better chance of acquittal. However, if the evidence is strong, a plea deal can potentially result in a lighter sentence than what a judge may impose after a trial.

• Second, consider the potential consequences. Trials are unpredictable, and if you are found guilty, the penalties may be more severe than the deal that a prosecutor offers. Plea deals often include reduced charges or sentences, which may be preferable if the risk of a harsher outcome at trial is high.

• Third, think about your personal circumstances. Trials can be lengthy, expensive, and emotionally taxing. A plea deal can resolve the case more quickly, allowing you to move forward with your life sooner. However, accepting a plea also means admitting guilt, which can have long-term consequences on your record.

• Finally, consult with your attorney. Knowledgeable Houston theft attorney Eric Benavides at Benavides Law Group can provide insight into the likely outcome of a trial versus a plea deal in your theft case. He can also negotiate with the prosecution on your behalf to potentially improve the terms of a plea agreement.

Important Steps to Take if You’re Currently Facing a Theft Charge in Houston

If you’re facing a theft charge in Houston, taking the right steps can significantly affect the outcome of your case. Here are the most important actions to consider:

• Hire an Experienced Houston Theft Lawyer – The first and most crucial step is to seek legal representation in your case as soon as possible. Experienced Houston theft lawyer Eric Benavides at Benavides Law Group understands the Texas legal system and can provide valuable guidance. He will help you understand your rights, evaluate the evidence against you, and develop a solid defense strategy for your case.

• Understand the Charges – Get a clear understanding of the theft charges against you. Attorney Eric Benavides will explain the nature of the charges, the potential penalties, and the legal elements the prosecution must prove. Knowing what you are up against helps you make informed decisions.

• Gather Evidence – Collect any evidence that supports your legal defense. This may include receipts, photographs, witness statements, or other documentation that can prove your innocence or support mitigating factors.

• Avoid Discussing the Case – Be cautious about discussing your case with anyone other than your lawyer. Avoid talking to friends and family or even posting about it on social media. Anything you say can be used against you in court. Therefore, it’s best to keep all communications about the case private.

• Follow Legal Advice – Listen to and follow your lawyer’s advice. Attorney Eric Benavides will guide you on how to proceed, including whether to accept a plea deal or go to trial.

• Attend All Court Dates – Make sure to attend all scheduled court appearances. Missing a court date can lead to additional legal trouble and negatively affect your current theft case. Your presence demonstrates respect for the legal process and helps in managing your case effectively.

Taking these steps seriously can help you navigate the legal process more effectively and work towards the best possible resolution for your theft charge in Houston.

Contact an Experienced Houston Theft Lawyer Today

If you are currently facing a theft charge in Houston, Texas, criminal defense lawyer Eric Benavides at Benavides Law Group is on your side. He will work aggressively to pursue the best possible result in your case. For a free case evaluation and legal consultation with a knowledgeable Houston theft attorney, please call us at (713) 222-2828 or contact us online today.

Our Houston Office Location

2180 North Loop,
West Suite 310
Houston, TX 77018