Tag: Felony
Criminal Lawyers for Texas Theft Cases
Criminal lawyers help people charged with theft to understand the legal system and possible punishments, so they can make an informed decision on how to proceed with their case. They also work with probation officers who are responsible for analyzing the defendant’s situation and determining if he or she should be released or incarcerated.
Texas Criminal Law Definitions for Aggravated Burglary
The Texas Penal Code defines the crime of Aggravated Burglary as follows:
- A person commits an offense if, without the effective consent of the owner, he enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit therein any felony or theft.
- A person commits an offense if, while in the building, or in the immediate vicinity of the building, he:
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- carries on his person a firearm or other deadly weapon; or
- intentionally displays any firearm or other deadly weapon in plain sight.”
Theft Crimes Involving Vehicles
Every day, individuals are being victimized by car thefts, attempted car thefts, and other related crimes.
This section discusses the various threats that are present in the everyday lives of people. It also discusses the various risks that are present in this specific location. These include crimes in general and crimes in relation to cars specifically. The section is about the risks involved when it comes to cars in terms of theft and attempted theft.
Texas Theft Crimes Involving Motor Vehicle Parts
In the state of Texas, theft crimes involving motor vehicle parts are not uncommon. In fact, in some instances a person may use a stolen car to commit the crime and then the parts from that car. This is a serious crime not only because it is an illegal act, but also because it could result in injury or death to others on the road. This type of theft can be prosecuted as either a misdemeanor or felony depending on the severity of damage to other people’s property and if there was intent to cause harm with these actions.
Motor vehicle theft is one of the most serious crimes in the United States. The FBI estimates that approximately 765,000 motor vehicles were stolen in 2016. The FBI also estimates that more than four out of five auto thefts are committed for their parts with an average value of $4,500 per vehicle.
What is the Difference Between Theft and Larceny in Texas?
Theft is the crime of knowingly and unlawfully taking someone else’s property with the intention of permanently depriving them of it. The Texas penal code defines theft as:
- A person commits theft if he intentionally and knowingly:
- obtains or exerts unauthorized control over the property of another; or
- acquires or retains possession of property of another knowing that he does not have the other’s consent to acquire or retain the property.
Larceny is a broader term than theft, as it can refer to crimes that do not involve taking anything from a person. In America, for example, larceny can refer to shoplifting, pickpocketing or other kinds of non-person-centered offenses. Larceny differs from theft in
What are the Different Penalties for Theft Offenses in Texas?
There are a number of different theft offenses in Texas, and each one has a different penalty for it. If you find yourself charged with any of the following theft offenses, then it’s important that you understand what penalties you can expect.
Minor Theft: This type of theft is considered less serious than other types of theft because the value of the property stolen is less than $50. The penalties for this offense include up to 180 days in jail and a fine up to $2,000.
Theft From a Person: This offense is defined as taking property from someone without their consent and while they’re still in possession of it. The penalties for this offense include up to 2 years in prison and a fine up to $10,000.
This post shouldn’t be construed as legal advice. For legal advice, contact a local attorney.
Understanding the Crime of Aggravated Theft
On the evening of October 16th, 2017, the police in Texas arrested two suspects for the criminal offense of aggravated theft. The target of theft was a Samsung S-7 mobile phone where the thieves were armed with knives. The police investigators on the raised suspicions and through the evidence that was provided did identify and arrest the named suspects through the help of a surveillance footage. They were grounded on the suspicions of the criminal offense. The prosecutor interviewed the procedures on the two suspects and imposed a police custody.
There are many cases of aggravated thief that are reported day in day out. At times we just call it theft, robbery or burglary. At the end of the end, this remains a felony.
How do you know it’s a felony?
A theft of property is considered aggravated if accompanied by the following aggravating factors;
- Use of a weapon in the commission of the crime and to be specific, deadly weapons.
- Threats or intimidation relating to the crime.
- If it is a gang or crime related theft.
- Where it is a theft of a high-value asset or property or
- It’s a theft of police or government property
This kind of theft is very serious in the judicial system. It bears serious consequences. A defendant who is found guilty of aggravated theft is sentenced to at least one year in prison alongside fines and also a permanent felony record. Being convicted of aggravated theft affects permanently or even temporarily your individual legal rights. It affects your;
- Voting rights,
- Driving privileges,
- Rights to serve on any jury and even
- Gun ownership rights.
After you have been arrested on the grounds of Aggravated Theft, does it mean you can’t do anything? This is the point where you immediately hire a criminal defense attorney. These have the experience and legal knowledge on how they will deal with such cases. They understand the seriousness of your cases and will know where to dispute and where not to.
Depending on other evidence presented before a court of law, the criminal defense attorney will advise you on how you are supposed to plead. It is a scenario where you can easily find yourself on the wrong side of the law. A criminal defense attorney is the only real friend that you can trust in such a time. They have won similar cases and you might be the lucky one this time especially where you defense attorney has good relations with the jury.
Depending on how the aggravated theft has been categorized, there are possible defenses. It is possible that the defendant was intoxicated or at the time of the crime he/she was not of sound mind. It is also possible that the defense of duress was used in the case where the defendant was forced or even threatened to commit the crime. You are likely to walk free or with minimal penalties if you happen to provide proof of intoxication or duress.
The type of defense which the criminal defense attorney will use will, however, depend on the crime itself. It will also depend on the circumstances that led the defendant into committing the crime. It is therefore very important to source for intelligent and qualified criminal defense lawyers who will understand every aspect of your case.
As much as the aggravated robbery has very serious consequences. It is also very difficult to defend in a court of law. You can only be sentenced after you plead guilty or when you have been identified as the robber. Most experienced criminal defense attorneys will attempt to challenge the identification process. They discredit the eyewitness testimony as inaccurate. Most other similar cases fail to succeed due to lack of enough evidence that ought to link the crime perpetrator to the crime itself. These cases also frequently get in the direction that the defendant believes they were the rightful owner of the property and theirs was simply an act of retrieving it. It is therefore very important to hire a criminal defense attorney lest you find yourself a victim.
Houston Domestic Violence Cases & Texas Law
Cases of domestic violence in Texas has been on the rise since 2011 (Texas Sees Increase in Domestic Violence Reports , 2017). The statistics in the state Department of Public Safety show that about 214000 people in Texas have been victims of domestic violence.
Domestic Violence: Misdemeanor or Felony Offense?
Misdemeanors and felonies are criminal offenses that are punished differently. A misdemeanor charge is sentenced up to a year, and the offender is not necessarily taken to a maximum security prison, while a felony is punishable by more than a year in prison. A felony is a more serious offense than a misdemeanor. If you’re charged with a felony offense in Harris County, you’ll need the best Houston criminal justice lawyer you can find to give you a fighting chance at avoiding what’s sure to be a lengthy jail sentence. We recommend Attorney Mark W. Bennett of the Bennett & Bennett law firm. Their phone number is 713-224-1747.
With that being said, you might be wondering whether domestic violence is a misdemeanor or a felony offense. But first, you should understand what domestic violence entails to comprehend where domestic violence falls in entirely.
Domestic violence refers to any abuse inducted upon a family member or a spouse. Domestic violence can be characterized as both a misdemeanor or a felony; it depends on the extent of damage that results from the offense. A misdemeanor domestic violence typically comprises of verbal abuse and minor assault battery. Unfortunately, if you are convicted more than twice with a misdemeanor domestic violence, it can prelude to a felony domestic violence.
A felony domestic violence as mentioned above is more critical. This offense can result in possible do-time in prison, be fined heavily and even get a restraining order against you. The following is a short list of events or outcomes that can lead a domestic violence offense to be categorized as a felony:
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- The occurrence of serious violent altercations that can cause severe injuries or even ultimately death.
- Battery inflicted to a minor or a child.
- If a deadly weapon is involved; let’s say a firearm, hunting knife or brass knuckles.
- Inappropriate sexual acts
- Acts involving conduct of an inappropriate sexual nature
You should note that a felony domestic violence charge is hard to expunge from your records. However, after many years of good behavior, it can get obsolete.
Also, whether it’s a misdemeanor domestic violence or a felony domestic violence, you can never underestimate these charges. You should find yourself a good lawyer to get you through it.
Therefore, since there has been a drastic rise in domestic violence in Texas, the state take-on on the offense is very serious.
Top Causes of Houston Family Assaults & Domestic Violence Cases
The primary causes of domestic violence include:
- Physical abuse – mostly start off with drug abuse and alcohol
- Financial abuse – involves unemployment of one of the partners hence dependent on the other
iii. Psychological abuse – involves comments that lower self-esteem of your partner or family member.
- Emotional abuse – involves anger, jealousy and envy
- History of domestic violence in a family can be passed on. Young adults and children may get negative lessons from domestic abuse at home.
In case you sense any form of domestic abuse as aforementioned, you need to be careful so that you don’t become just another number in the statistics of domestic violence in Texas.