Theft & Property Crimes Defense - Criminal Attorney | Morales Padia Law

Theft & Property Crimes Defense

Aggressive Defense for Property Crime Charges

Understanding Theft & Property Crimes

Theft and property crimes encompass a wide range of offenses involving the unlawful taking or damaging of another person's property. These charges can range from misdemeanors to serious felonies, with penalties that can significantly impact your future. Our experienced criminal defense attorneys provide aggressive representation to protect your rights and freedom.

Types of Theft & Property Crimes

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Theft

The unlawful appropriation of property with intent to deprive the owner. Penalties depend on the value of the stolen property and can range from misdemeanors to felonies.

Includes:
  • Shoplifting
  • Employee theft
  • Credit card theft
  • Identity theft
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Burglary

Unlawfully entering a building or habitation with intent to commit theft, assault, or another felony. Classified as either burglary of a habitation or burglary of a building.

Types:
  • Burglary of habitation
  • Burglary of building
  • Burglary of vehicle
  • Burglary of coin-operated machines
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Robbery

Theft committed through the use or threat of force or violence. Always classified as a felony with severe penalties, especially when weapons are involved.

Classifications:
  • Simple robbery
  • Aggravated robbery
  • Armed robbery
  • Carjacking
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Criminal Mischief

Intentionally or knowingly damaging or destroying another person's tangible property. Penalties vary based on the amount of damage caused.

Examples:
  • Vandalism
  • Graffiti
  • Property destruction
  • Tampering with property
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Fraud Crimes

Deceptive practices intended to secure unfair or unlawful gain. These white-collar crimes often involve complex schemes and can result in federal charges.

Types:
  • Credit card fraud
  • Check fraud
  • Wire fraud
  • Insurance fraud
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Forgery

Creating, altering, or using false documents with intent to defraud or harm another person. Often charged alongside fraud or theft offenses.

Common Cases:
  • Document forgery
  • Signature forgery
  • Check alteration
  • Government document fraud

Potential Penalties in Texas

Class C Misdemeanor
Up to $500 fine
Property value under $100
Class B Misdemeanor
Up to 180 days jail + $2,000 fine
Property value $100-$750
Class A Misdemeanor
Up to 1 year jail + $4,000 fine
Property value $750-$2,500
State Jail Felony
180 days - 2 years + $10,000 fine
Property value $2,500-$30,000
3rd Degree Felony
2-10 years prison + $10,000 fine
Property value $30,000-$150,000
2nd Degree Felony
2-20 years prison + $10,000 fine
Property value $150,000-$300,000

Common Defense Strategies

Lack of Intent

Proving that you did not intend to steal or commit the alleged crime, which is a required element for most theft charges.

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Mistaken Identity

Challenging witness identification or demonstrating that you were not the person who committed the alleged crime.

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Ownership Rights

Establishing that you had a legitimate right to the property or reasonably believed you had permission to take it.

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Insufficient Evidence

Challenging the prosecution's evidence and demonstrating that they cannot prove guilt beyond a reasonable doubt.

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Constitutional Violations

Identifying violations of your constitutional rights during the investigation, arrest, or prosecution process.

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Value Disputes

Challenging the alleged value of stolen property to reduce the severity of charges and potential penalties.

Our Defense Process

1

Case Evaluation

Thorough review of all evidence, police reports, witness statements, and circumstances surrounding your case to identify defense opportunities.

2

Investigation

Independent investigation to gather additional evidence, interview witnesses, and uncover facts that support your defense.

3

Legal Strategy

Development of a comprehensive defense strategy tailored to the specific charges and circumstances of your case.

4

Negotiation

Aggressive negotiation with prosecutors to seek charge reductions, alternative sentencing, or case dismissal when possible.

5

Trial Preparation

Comprehensive preparation for trial, including witness preparation, evidence organization, and legal argument development.

6

Advocacy

Aggressive courtroom advocacy to present your defense and fight for the best possible outcome in your case.

Know Your Rights

Important Reminder

If you're arrested or questioned about theft or property crimes, exercise your right to remain silent and request an attorney immediately. Anything you say can be used against you.

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    Right to Remain Silent: You are not required to answer questions or provide statements to law enforcement without an attorney present.
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    Right to an Attorney: You have the right to legal representation during questioning, court proceedings, and throughout your case.
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    Protection from Illegal Search: Police generally need a warrant or probable cause to search your property, with limited exceptions.
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    Right to Phone Call: You have the right to make a reasonable number of phone calls to contact family or an attorney after arrest.
  • Speedy Trial Rights: You have the right to a prompt trial and cannot be held indefinitely without formal charges being filed.
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    Jury Trial Right: For serious charges, you have the right to have your case decided by a jury of your peers rather than a judge alone.

Facing Theft or Property Crime Charges?

Don't face these serious charges alone. The consequences of a conviction can follow you for life, affecting employment, housing, and your reputation. Our experienced criminal defense attorneys at Morales Padia Law will fight aggressively to protect your rights and freedom.

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