A property crime happens when someone unlawfully damages, destroys, or takes another person’s property. Unlike violent crimes, these offenses mainly affect possessions and financial security, though injuries can sometimes occur. Texas law treats property crimes seriously because they impact a person’s property, safety, and peace of mind.
Penalties for property crimes depend on the offense type, property value, and criminal history. Minor offenses like petty theft may result in misdemeanors, while serious crimes like burglary or arson can lead to felony charges with heavy fines and prison terms. Consulting a Houston premises liability lawyer can help protect your rights, understand Texas statutes, and build a strong legal defense.
Property Crime Examples
Property crimes can involve theft, damage, or unauthorized use of someone else’s property. They vary in severity and legal consequences. Below are some of the most common examples in Texas:
1. Arson
Arson involves intentionally setting fire to a property, building, or structure. It’s a serious offense that can result in felony charges, especially if the fire threatens lives or causes significant property loss. Proving arson often relies on circumstantial evidence, including witness statements, fire investigations, and patterns of negligence or intent.
2. Burglary
Burglary occurs when someone unlawfully enters a home, business, or other property intending to commit a crime. Unlike robbery, burglary does not require the use of force or the presence of victims. Burglary charges in Texas can escalate depending on the type of property entered and whether the offender is armed or causes harm.
3. Larceny
Larceny, or theft, happens when someone takes property belonging to another person without permission and with the intent to permanently deprive the owner of it. This crime can involve money, personal belongings, or business assets. The severity of larceny charges typically depends on the value of the stolen property.
4. Robbery
Robbery is a property crime that differs from larceny because it involves force, intimidation, or threats against a person to take their property. Texas law treats robbery as a serious felony, with harsher penalties than standard theft or larceny.
5. Shoplifting
Shoplifting is the act of concealing or taking merchandise from a store without paying. Even though it may seem minor, repeated offenses or theft of higher-value items can lead to felony charges under Texas law.
6. Vandalism
Vandalism refers to intentionally damaging, destroying, or defacing someone else’s property. It’s also called criminal mischief in Texas and can range from minor graffiti to significant property damage. Penalties depend on the cost of repairs and the offender’s criminal history.
7. Check Fraud
Writing a bad check or attempting to defraud someone via checks is a criminal offense under Texas Penal Code Chapter 32.01. This can lead to criminal charges if the check bounces or if there’s intent to deceive the payee.
Penalties for Property Crimes in Texas
Penalties for property crimes in Texas depend on the value of the property, the nature of the offense, and the offender’s criminal history. The Texas Penal Code classifies property offenses into misdemeanors and felonies, with escalating consequences for more serious crimes.
Misdemeanors
- Class C Misdemeanor: For property valued under $100, punishable by fines up to $500, as outlined in Texas Penal Code §12.23.
- Class B Misdemeanor: For property valued between $100 and $750, punishable by fines up to $2,000 or up to six months in county jail (Texas Penal Code §12.22).
- Class A Misdemeanor: For property valued between $750 and $2,500, fines may reach $4,000, with potential jail time up to one year (Texas Penal Code §12.21).
Felonies
More serious property crimes are classified as felonies, which carry heavier penalties under the Texas Penal Code Chapter 12:
- State Jail Felony: Property valued between $2,500 and $30,000. Punishable by 180 days to 2 years in a state jail and fines up to $10,000 (Texas Penal Code §12.35).
- Third-Degree Felony: Punishable by 2–10 years in prison and fines up to $10,000 (Texas Penal Code §12.34).
- Second-Degree Felony: For higher-value or repeat offenses, punishable by 2–20 years in prison and fines up to $10,000 (Texas Penal Code §12.33).
- First-Degree Felony: Reserved for the most severe property crimes, such as large-scale theft, burglary involving violence, or arson causing serious harm. Penalties include life imprisonment or decades-long sentences (Texas Penal Code §12.32).
These statutes ensure that property crimes are addressed proportionally to the harm caused and value lost. In addition to incarceration, offenders may be required to pay restitution to victims under Texas Penal Code §32.02, helping compensate for stolen or damaged property.
Defending Against Property Crime Charges
Facing property crime charges in Texas requires a strong legal defense. The law is complex, and prosecutors often aggressively pursue convictions. Here’s how a Houston premises liability lawyer can help:
Possible Defense Strategies
- Mistaken Identity: Showing the defendant was not at the scene or had no connection to the crime.
- Lack of Intent: Proving the defendant did not intend to permanently deprive the owner of property, a key element in theft and larceny cases.
- Entrapment: Demonstrating that law enforcement or another party induced the defendant to commit the crime.
- Property Return: In some theft cases, returning the property voluntarily may reduce penalties or show good faith.
- Intoxication or Mental Impairment: If the defendant lacked the capacity to form criminal intent, it may affect the outcome.
A skilled lawyer assesses the evidence, identifies legal loopholes, and builds a defense strategy tailored to the specifics of the case.
Importance of Hiring a Lawyer
Property crime charges can have long-term consequences on a person’s life, finances, and reputation. A Houston premises liability lawyer can provide:
- Guidance on Texas property crime statutes and penalties.
- Representation in court, ensuring legal procedures are followed.
- Negotiation with prosecutors to potentially reduce charges or penalties.
- Advice on documenting evidence and maintaining a strong defense.
- Assistance in understanding the implications of misdemeanors vs. felonies.
Hiring a lawyer early can prevent costly mistakes, protect your rights, and improve the chances of a favorable outcome.
Need Legal Help With Property Crime Charges?
Property crimes in Texas include burglary, arson, larceny, vandalism, and more. Penalties vary widely, from fines for misdemeanors to decades-long prison sentences for severe felonies. Defending against these charges requires careful legal strategy, especially given the seriousness of Texas property crime laws.
If you or a loved one faces property crime charges, consulting Egbuonu Law Trial Lawyers is essential. Legal expertise can help you navigate the complexities, understand your rights, and build a strong defense to protect your future.
