Theft Crimes

Stephen Gustitis

Criminal Defense Attorney
Bryan – College Station

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Theft Crimes2024-12-12T09:55:40-06:00

Bryan-College Station Theft Defense Attorney Working Hard Protecting Your Future

A person commits theft under Texas law if the person “unlawfully appropriates property with intent to deprive the owner of property.” Any type of theft charge can have a serious impact upon your future. Theft is considered a “crime of moral turpitude” and is defined in Chapter 31 of the Texas Penal Code. Any person with a theft conviction in their criminal history may have a very difficult time obtaining future employment. Even misdemeanor charges are serious allegations and can leave you with a blot on your criminal record. You can also go to jail and find it difficult or impossible to qualify for loans, professional licensing, or even housing for the rest of your life.

Arrested for Theft in Brazos County?

Other theft related crimes include burglary, robbery, fraud, and vehicle theft. Other related charges may include identify theft, credit card abuse, embezzlement, and even shoplifting. If you’re convicted the stakes are high. The value of the property stolen determines the seriousness of the theft charge. If the property appropriated is worth more than $150,000, the charge is a second degree felony. If the value is between $30,000 and $150,000, it’s a third degree felony theft. Anything worth more than $750, but less than $2,500, is Class A misdemeanor. Petty theft — if the property is worth less than $100 — is a low level misdemeanor offense, but still very serious.

Bryan-College Station Criminal Theft Attorney!

If you’ve been charged with one of these offenses you need an advocate on your side – an experienced and aggressive criminal defense attorney who can work through the facts of your case and use them to make a difference. If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights. For instance, we might construct a defense that might lead to your acquittal, or have the charges against you dropped, or possibly reduced so you suffer less penalties. We’ve successfully defended countless people just like you who faced an allegation for a theft.

Theft Crimes FAQ’s

Have You Been Arrested for Credit Card Abuse in Bryan-College Station?2024-09-26T06:55:05-05:00

The crime of debit or credit card fraud involves the unauthorized taking of another individual’s account information with the intent of either charging unauthorized purchases to the account or removing funds. It’s often intertwined with the crime of identity theft, in which another person’s personal identifying information (such as Social Security number, birth date, or street address) is taken to fraudulently open an account or commit other types of fraud. In many cases, the perpetrator of credit card fraud may also be charged with identity theft. Types of credit card abuse offenses include:

  • Using a credit or debit card the suspect knows is not his own;
  • Using a card that has expired, been revoked, or cancelled;
  • Using a fictitious card, or the pretended number of a fictitious card;
  • Receiving any benefit the suspect knows has been obtained by violation of this law;
  • Stealing a credit or debit card with the intent to use it, sell it or transfer it to anyone but the cardholder;
  • Buying a credit or debit card from someone the suspect knows is not the issuer of the card;
  • Selling a credit or debit card;
  • Inducing the cardholder to use their card to obtain property for the suspect’s benefit when the cardholder is financially unable to pay for it;
  • Possessing a credit or debit card that is not the suspect’s own and having the intent to use it.

All offenses in this statute are charged as a state jail felony; but can be charged as a third degree felony if the offense was committed against an elderly person. The penalties include:

  • State Jail Felony: 6 months to 2 years in a state jail facility, fine of up to $10,000.
  • Third Degree Felony: 2 to 10 years in state prison, fine of up to $10,000.

You Need a Bryan-College Station Credit Card Abuse Attorney Now!

There may be extenuating circumstances and the situation really isn’t as it appears on the surface. What if your friend gave you carte blanche with their credit card, then you parted ways? They could claim the transactions you made were fraudulent. But you may have believed you had permission to use a credit card when you did not. Other defenses might include lack of knowledge, lack of intent to harm, mistake of fact, or even duress (you were forced to use the credit card). We know how easily these sorts of situations can get out of hand — and the legal repercussions can ruin your future. If we decide to accept representation in your case, rest assured you will have an experienced attorney on your side, fully prepared to go the distance to defend your legal rights. You don’t deserve to come out of this with a criminal record, fines, and potential imprisonment if there are extenuating circumstances.

What Are the Defense Options for Credit Card Abuse Charges?2024-09-26T06:54:32-05:00

If you’re accused of fraud, it means the State of Texas believes you acted to deceive another individual. The deception usually involves monetary gain. Fraud covers a wide spectrum of offenses and often involves the use of credit cards. Texas law enforcement considers it a grievous offense to use someone else’s credit for your own gain. Prosecutors will likely go after you with a vengeance if you’re suspected.

Arrested for Identity Theft in Bryan-College Station?2024-09-26T06:47:57-05:00

The crime of identity theft includes obtaining, possessing, or using the identity of another individual — regardless of whether they are living or dead and regardless of their age (infant, minor, adult or elderly) — with the intent to harm or defraud someone. Under the law, a person will be presumed to have the intent to harm or defraud another person if they possesses the identifying information of three or more people, living or dead. If you utilize another’s social security number to apply for an auto loan, for instance, you could be charged with identity theft. If you make purchases online with someone else’s credit card number, you could be charged with identity theft. Prosecutors come down hard on this crime because it requires diligent effort. In many cases, one would have to dig deep to learn another’s social security number or credit card number. The actor might have to infiltrate computer files or locate receipts they received from their own transactions.

Call a College Station Identity Theft Defense Lawyer Immediately!

The crime of identity theft is a felony. The severity of the felony depends on how many items were obtained, possessed or transferred by the suspect:

  • If the number of items was less than five, the penalty is a state jail felony, which carries a sentence of 180 days to two years in a state prison and/or a fine of no more than $10,000.
  • If the number of items was between five and nine, the penalty is a third degree felony, which carries a sentence of two to ten years in a state prison and/or a fine of up to $10,000.
  • If the number of items was between ten and forty-nine, the penalty is a second degree felony, which carries a sentence of two to twenty years in a state prison and/or a fine of up to $10,000.
  • If the number of items was fifty or more, the penalty is a first degree felony, which carries a sentence of five to ninety-nine years in a state prison and/or a sentence of up to $10,000.

Identity theft is usually considered a white collar crime, but that doesn’t make it any less serious. If you are facing criminal charges for identity theft you need an experienced identity theft defense attorney to build your case and prove your innocence. Don’t go down without a fight! If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights. Possible defenses for identity theft include the lack of intent to deceive or harm another and mistake of fact (the suspect never obtained or possessed the identity of another person). Additionally, minors may receive lighter punishments under the law if convicted.

How Can a Brazos County Identity Theft Defense Attorney Help You?2024-09-26T06:47:06-05:00

Most people believe in America you are innocent until proven guilty. Although this is a legal concept, it’s not necessarily a practical one. You are innocent until proven guilty in a court of law, but that doesn’t mean a prosecutor will give you that same benefit of doubt when trying to convict you. When it comes to identity theft, prosecutors presume you are guilty until you are able to prove your innocence. That’s why you need an aggressive, dedicated criminal defense attorney to take your side.

How Can a Bryan-College Station Shoplifting Defense Lawyer Help?2024-09-26T06:45:28-05:00

If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights. A shoplifting defense lawyer at my Firm knows the law related to shoplifting and will endeavor to help you defend your charges to reduce the possibility of conviction or reduce the penalties. We have successfully represented many clients throughout the Brazos County area; however, every case is different and you need an advocate to assist in developing the right strategy for your particular situation.

How Can I Defend Myself from Shoplifting Charges?2024-09-26T06:44:43-05:00

There are a number of possible defenses you can pursue if you’re accused of shoplifting in Texas. A criminal defense lawyer in Bryan-College Station with experience handling shoplifting cases can help you to decide on the best strategic approach. For instance, you could try to have evidence suppressed by arguing you were searched illegally, or could try to make it impossible for the prosecutor to prove you actually intended to carry-out a shoplifting scheme. It may also be possible to enter into a deferred adjudication program, or to plead not guilty and arrange a deal with the prosecutor where you face reduced charges or lesser penalties.

What Happens if I am Convicted of Shoplifting in Texas?2024-09-26T06:43:31-05:00

The penalties for shoplifting include the following ranges of punishment:

  • Class C misdemeanor – fine of up to $500.
  • Class B misdemeanor – fine of up to $2,000 and up to 180 days in jail.
  • Class A misdemeanor – fine of up to $4,000 and up to one year in jail.
  • State jail felony – fine of up to $10,000 and between 180 days and two years in jail.
  • Third degree felony – fine of up to $10,000 and between 2 and 10 years’ imprisonment.
  • Second degree felony – fine of up to $10,000 and between 2 and 20 years’ imprisonment.
  • First degree felony – fine of up to $10,000 and between 5 and 99 years’ imprisonment.
What Are the Defense Strategies for Shoplifting Charges in College Station?2024-09-26T06:43:05-05:00

Getting caught shoplifting is not only an embarrassing experience, it can have significant consequences. The laws of many states issue hefty fines and even jail time for certain shoplifting offenses. Texas law is no exception. My Firm provides representation to clients throughout Bryan-College Station and surrounding areas who have been accused of shoplifting. Shoplifting charges can affect your future and land you in jail. We’ll work hard to help you avoid conviction, a criminal record, and to keep your freedom. Call today to speak with an experienced College Station shoplifting attorney to learn about your options for responding to charges. We can answer important questions you may have including:

  • What happens if I’m convicted of shoplifting in Bryan-College Station?
  • How can I defend myself from Texas shoplifting charges?
  • How can a shoplifting defense lawyer help me?

In Texas, shoplifting offenses fall under the general definition of “theft” in the Texas Penal Code. In addition, shielding or deactivating instruments used to prevent shoplifting are also expressly prohibited under state law. The nature of a shoplifting charge and the associated penalty will depend on a couple of factors, including the value of the property stolen, and whether you have previously been convicted of any type of theft. Finally, a defendant does not have to be successful at stealing items to be charged with shoplifting. Concealing items to carry them away or making an attempt to take items from the store can result in conviction. If convicted, the consequences are going to vary depending upon the dollar value of the goods allegedly taken.

Arrested for Employee Theft in Bryan-College Station, Texas?2024-09-26T06:39:15-05:00

The actual consequences that you may face when you’ve been accused of employee theft will vary depending on what you are charged with by the police. There is no Texas law expressly making “employee theft” a crime distinct from other types of theft. As such, you may be charged under other criminal statutes including theft, burglary, forgery, and fraud. You may even be charged with operating or being part of an organized scheme to commit fraud, which can mean very serious penalties.

The amount of money (or property) stolen and the method by which it was taken will play the biggest role in determining which of these charges you face. The value of the stolen goods is also determinative in assessing what your potential sentence might be if convicted. For example, if the property appropriated was worth more than $150,000, the charge is a second degree felony. If the value is between $30,000 and $150,000, it’s a third degree felony theft. Anything worth more than $750, but less than $2,500, is Class A misdemeanor. There are special penalties for stealing firearms or even cattle or sheep.

In addition to jail time, a conviction will likely include an order of restitution to repay the employer for the amount of property stolen. Not only that, but you’d face fines as well – up to $10,000 for an felony degree charge.

Contact an Employee Theft Defense Lawyer!

The consequences of a conviction can be life-changing. This is true, not only because of potential fines and incarceration, but also because a criminal record for employee theft may make it difficult or impossible to get a good job in the future. With the stakes so high, it’s important to consult with a Bryan-College Station  employee theft defense attorney who is experienced in all aspects of criminal defense law.

My Firm can evaluate your case and help you to decide how to proceed. If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights. If the evidence against you is strong, for example, we may help you negotiate a plea bargain to minimize the penalties. If you allegedly stole goods instead of money, we may also assist in arguing for a lower valuation of the stolen items to reduce the charges you face.

Of course, a Bryan-College Station employee theft attorney can also leverage other tactics to help you avoid conviction altogether. For example, if the search that turned up the stolen property was illegal, the evidence may be thrown out due to a violation of your constitutional rights. Whatever your situation, having an experienced attorney will give you a chance to work toward getting the most positive outcome possible.

What Are the Defense Options for Employee Theft Charges in Bryan-College Station?2024-09-26T06:38:29-05:00

In the state of Texas employee theft is generally considered a “white collar crime,” which means it is a crime committed by someone in a professional position or in a position of trust. Unfortunately, because of stereotypes surrounding “white collar criminals,” judges and prosecutors tend to be harsh when it comes to dealing with cases of employee theft in Bryan-College Station. Those who are accused of employee theft, for example, may face more severe penalties than people who are simply accused of shoplifting. Further, diversionary programs that allow you to avoid a permanent record of your criminal conviction may not be available when you’ve been accused of employee theft. So it’s crucial to retain a knowledgeable defense attorney to help you achieve a desirable outcome.

Arrested for Robbery in Brazos County, Texas?2024-09-26T06:37:31-05:00

Robbery and aggravated robbery (sometimes called “armed robbery”) are violations of Texas state law. To convict a defendant of robbery, prosecutors must prove beyond a reasonable doubt that while committing theft (taking another person’s property with the intention of depriving them of it), the defendant intentionally, knowingly or recklessly caused bodily injury to another. Alternately, the prosecutor may prove the defendant intentionally, knowingly or recklessly threatened the victim or caused the victim to fear bodily injury or death.

The crime of robbery can be elevated to that of aggravated robbery if, in addition to the criteria for proving a case of robbery, the prosecutor can prove that the defendant used or exhibited a deadly weapon, and/or the victim who was threatened or placed in fear of bodily injury or death was an individual 65 years of age or older, or was disabled either physically, mentally or developmentally.

Robbery is charged as a second degree felony in Texas. This carries a penalty of two to twenty years in a state prison and/or a fine of no more than $10,000. If the crime is elevated to that of aggravated robbery, the charge will be first degree felony. This carries a more serious penalty of five to 99 years in a state prison and/or a fine of no more than $10,000.

Brazos County Robbery Defense Attorney!

There is too much at risk to face these charges without experienced criminal defense representation. If you are arrested on suspicion of robbery, you should say NOTHING to law enforcement. The United States Constitution protects your right to remain silent. Use that right! The only words you should speak are those used to ask for an attorney.

An arrest for robbery does not necessarily mean you are going to prison for the rest of your life. To the contrary, you have the right to defend yourself against these charges. Depending on the nature of the allegations, that may not be easy. An experienced criminal defense attorney can make all the difference. You need a lawyer who has successfully handled these types of cases many times before. For instance, common defenses to robbery charges include a lack of intent to steal, no bodily injury was caused, or the victim did not reasonably fear bodily injury or death.

My Firm will make an assessment of your case and advise where we believe you stand in terms of defending the charges. If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights. If charges have not yet been filed, we may work hard to prevent that from happening, or may work to get your case dismissed. We will investigate every detail of the crime you are being accused of and find weaknesses in the prosecution’s case.

 

What Are the Defense Strategies for Robbery Charges in Brazos County?2024-09-26T06:36:48-05:00

The state of Texas is particularly tough on individuals charged with robbery. Robbery covers a wide range of acts; it can mean anything from snatching money from someone’s hand to stealing their vehicle. It can even include stealing a drug dealer’s narcotics. The police call that a “dope-rip.” Dope-rips are prosecuted aggressively in our County.

How Is Burglary Defense Managed in Bryan-College Station?2024-09-26T04:40:47-05:00

In Texas, the crime of burglary is more about where you committed an offense, than what you may have taken or done while you were there. Burglary is defined as unlawfully entering or remaining in any structure (public or private) with the intent to commit a felony, theft, or assault inside. “Home invasion” is included in this definition, and refers specifically to a burglary that occurs within a habitation (any structure or vehicle that is adapted for the overnight accommodation of one or more people). See Chapter 30.02 of the Texas Penal Code.

You open yourself up to a burglary charge whenever you enter a building, or vehicle, that’s not yours with the intention of breaking the law. The simple act of entering a building, without the owner’s permission, is also a crime called Criminal Trespass.

Arrested for Burglary in Bryan-College Station?2024-09-26T04:40:04-05:00

If convicted of felony burglary you face time in state prison. You could also be liable for as much as $10,000 in fines. Burglary of a motor vehicle is a misdemeanor offense, but still very serious. There is a huge difference between the penalties incurred for a felony charge and a misdemeanor. An experienced criminal defense attorney can make all the difference when defending these accusations. A crucial factor may involve whether you were invited on to the premises or had permission to be on the property. Another defensive issue may be whether there was a reasonable expectation that someone could enter the property because it was a public place. We understand this legal distinction and can use it as leverage against the prosecutor’s case.

Bryan-College Station Burglary Defense Attorney!

You need a defense attorney who can create a strong defense for you, utilizing every favorable fact and circumstance to best advantage. My team has handled a wide range of burglary cases with many extenuating circumstances. When you make an appointment with us for a case review, we’ll sit down to discuss all the details of your case. We’ll let you know if a factor can work in your favor and how we can use it. Don’t go down without a fight! If we decide to accept representation in your case, rest assured you will have an experienced advocate on your side, fully prepared to go the distance to defend your legal rights.

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