If you have been accused of theft, burglary, robbery or any other property related crime in Williamson County, you should consult a criminal defense lawyer immediately. By acting now to protect your rights and exploring your options, you may be able to avoid the serious consequences of conviction, including a lifetime criminal record.
Understanding the Exact Charges Against You
In general, a theft charge can be found in the Texas Penal Code § 31.03
(a) 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:
(1) it is without the owner's effective consent;
(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(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.
There is a wide range of criminal charges that involve theft or attempted theft of property. These charges typically range from Class B misdemeanors to felonies. Common situations where people are charged with property crimes include the following:
- Theft by check (Texas Penal Code § 31.04 and § 31.06)
- Theft of Service (Texas Penal Code § 31.04)
- Retail theft or Shoplifting (often Charged under TX PC § 31.04 e 2 or 3)
- Burglary (Texas Penal Code § 30.02)
- Burglary Of Vehichles (Texas Penal Code § 30.04)
Burglary includes entering a building without consent with the intent to commit a felony, theft or assault and robbery includes using or threatening the use of force that results in death or substantial bodily harm.
For those charged with theft by check, often a check is written and the drawer of the check moves away or forgetfully closes their account before the check has cleared. This happens more often than most people realize.
The Pre-Trial Intervention Program
There are multiple criminal defense options available for people who have been charged with crimes in Williamson County. You may qualify for a special program in Williamson County called the Pre-Trial Intervention Program. This is a six month program that is only an option for first time offenders. Under this program, you are able to avoid prosecution if you remain law abiding and follow all the other terms of the program. Additionally, if you are accepted and complete the program successfully, your charge will be dismissed and you will be eligible to expunge the arrest and charge from your record.
One must apply to the Pre-Trial Intervention Program through an attorney and it is a good option for many people, but it's not for everyone. It is important to have a lawyer review your case to determine whether the prosecution has sufficient evidence against you before considering this option.
If you are convicted of a property crime, you could end up serving significant jail time and paying substantial fines. A theft conviction can also be one of the most damaging things on your criminal record when you apply for a job or college and a potential employer or university conducts a background check. In most instances, prosecutors will require restitution paid in full to the victim/s.
It is important to fully explore all of your criminal defense options with the help of a knowledgeable and devoted attorney. I will take the time to make sure I am doing everything I can to help you fight the charges. Don't hesitate to contact me to discuss your theft charges.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
