If you or someone you care about has been charged with a crime in Texas, you have questions that need to be answered as soon as possible. While your case will be unique, there are legal standards that apply across the board, including the right to legal counsel.
If you are facing a criminal charge, reach out for the skilled legal counsel of an experienced criminal defense attorney today.
Theft Charges
Theft charges in Texas relate to taking control, possession, or ownership of property that belongs to someone else without permission and with the intention of permanently depriving them of it. The severity of the charge and penalties is based on the value of the stolen property.
What Theft Charge Will I Face?
The charge against you will be based on the value of the asset or assets you are accused of stealing:
Theft of property worth up to $100 is a Class C misdemeanor, which carries fines of up to $500 but no jail time.
Theft of property worth $100 to $750 is a Class B misdemeanor, which carries fines up to $2,000 and a jail sentence of up to 180 days.
Theft of property worth $750 to $2,500 is a Class A misdemeanor, which carries fines up to $4,000 and a jail sentence of up to one year.
Theft of property worth $2,500 to $30,000 is a state jail felony, which carries fines up to $10,000 and a sentence of 180 days to two years in a state jail facility.
Theft of property worth $30,000 to $150,000 is a third-degree felony, which carries fines up to $10,000 and a sentence of two to ten years in prison.
Theft of property worth $150,000 to $300,000 is a second-degree felony, which carries fines up to $10,000 and a sentence of two to twenty years in prison.
Theft of property worth $300,000 or more is a first-degree felony, which carries fines up to $10,000 and a sentence of five to ninety-nine years in prison.
Understanding the level of theft charge you face is essential—consult with a criminal defense lawyer for guidance.
What Are Theft Charge Enhancements in Texas?
Factors like the following can all increase the theft charge and the penalties that you face:
A prior theft charge or conviction can convert a subsequent misdemeanor charge to a felony.
If the victim in the case belongs to a protected class—such as the elderly, a nonprofit organization, or the government—the theft charge can be enhanced.
Public officials and medical providers who use their status to steal from the government are subject to more severe theft charges.
Can I Face Civil Charges for Theft?
If you are charged with theft, those who accuse you of stealing from them can file a civil case against you in addition to your criminal charge. If you are ultimately convicted of theft by the state, it can bolster the property owners’ civil claim against you.
Is It Worth Fighting a Low-Level Theft Charge?
While the legal consequences of a low-level theft charge may not strike you as being particularly harsh, you shouldn’t forget about the social implications, which can directly affect your future in all the following ways:
Your social standing can be permanently tarnished.
Your ability to find or keep a job can be affected.
Any professional licensure you have can be affected or voided.
Your opportunities to pursue career goals through further education could be blocked.
It could be far more difficult for you to rent a place to live or to obtain a home loan.
To protect your future from the long-term impact of a theft conviction, speak with a defense attorney as early as possible.
Public Intoxication Charges
The charge of public intoxication applies when someone’s normal physical or mental faculties are impaired by alcohol or drugs in a public space—to the degree that they are a danger to themselves or to someone else.
The charge is a Class C misdemeanor, which means that it carries a $500 fine but no jail sentence. It’s important to keep in mind, however, that—if you’re charged with public intoxication—you’ll be arrested, which includes being booked and kept in a lockup until you’re considered sober enough for safe release.
Factors like the following can also affect the severity of the charge:
If you have any prior convictions
The degree to which you cooperated—or didn’t cooperate—with law enforcement
The amount of disruption you are alleged to have caused
Even a Class C misdemeanor can affect your record—get help from a Killeen lawyer to minimize the fallout.
Drug Possession Charges
Being in possession of illegal drugs, which refer to controlled and illicit substances, is a serious crime that carries significant fines and penalties in the State of Texas. In fact, Texas is known for taking a particularly harsh stance against drugs.
When Do Drug Possession Charges Apply?
You can face a drug possession charge in Texas for being found in the care, custody, control, or management of an illegal drug. Possession is generally considered in terms of being actual or constructive.
Actual possession means that the drugs are found on the accused, which includes being found in their hands, in their pockets, or in their bag or backpack. Constructive possession, on the other hand, refers to drugs that are discovered in a place where more than one person may have had access but when a direct line can be drawn to the accused having care and control over them.
What Are the Drug Penalty Groups in Texas?
Texas—like the federal government and other states—divides illegal drugs into categories that dictate the severity of the associated charges based on their medical usefulness and on how closely associated they are with addiction and other dangerous health consequences. Here are the four drug penalty groups:
Group 1: The drugs in Group 1 are highly addictive and have no recognized medical use or have little recognized medical use, which makes this the most serious drug classification. Prime examples include fentanyl, heroin, cocaine, meth, ketamine, and strong opioids.
Group 2: The drugs in Group 2 have greater medical use and are considered somewhat less dangerous than those in Group 1. Most hallucinogens are classified in Group 2, and other examples include Adderall, THC, and MDMA, which is both a stimulant and a hallucinogen.
Group 3: The drugs in Group 3 include both depressants and stimulants, and prime examples include Valium, Xanax, and Ritalin.
Group 4: The drugs in Group 4 include a wide range of prescription medications that have the potential for abuse, such as codeine and opium.
The group classification of the drug involved in your case can significantly impact sentencing—consult with a drug crimes attorney to understand your options.
What About Marijuana?
While many states have relaxed their laws regarding marijuana and have even legalized recreational marijuana, Texas isn’t there. Marijuana is illegal in the State of Texas—other than low-THC marijuana, which is available for those with highly specific health conditions through the compassionate use program.
Texas has, nevertheless, loosened its legal grasp for possession of small amounts of the drug. If you are caught in possession of less than two ounces of marijuana, it’s a Class B misdemeanor that can carry up to 180 days in jail and fines of up to $2,000, but jail time can sometimes be avoided via diversion programs.
While its action has become highly controversial, Killeen in Bell County and cities in a few other prominent counties throughout the state have discouraged low-level marijuana arrests for amounts of less than four ounces. This doesn’t, however, offer full protections, and there are legal cases pending that are focused on shutting down these voter-based ordinances.
Can a Drug Charge Affect My Job?
Any criminal charge can affect your job and your ability to find a job. Criminal charges are a matter of public record, and some employers draw a hard line when it comes to employees who’ve been on the wrong side of the law.
To protect your career and reputation, speak with a Texas defense lawyer if you’ve been charged with a drug offense.
Unlawful Possession of a Firearm
While Texas ranks among the most gun-friendly states in the nation, the state takes charges related to the unlawful possession of a firearm extremely seriously. You may face charges if you meet the following circumstances:
You are under the age of 21.
You openly display an unholstered gun in a public place.
You carry a gun while intoxicated.
You carry a gun despite being convicted of an offense that temporarily or permanently prohibits you from possessing a firearm.
The charge that generally applies to the crime of unlawful possession of a firearm is a Class A misdemeanor, which carries up to $4,000 in fines and a jail sentence of up to one year.
If you’ve been charged with a firearm offense, a criminal defense lawyer can help you build your case.
An Experienced Killeen Criminal Defense Attorney Is Standing By to Help You
Brett Pritchard at the Law Office of Brett H. Pritchard is a highly effective criminal defense attorney whose decades of imposing experience leave him well suited to skillfully defend your rights in the face of a criminal charge at any level.
Your future is far too important not to bring a solid defense, and we encourage you to contact us online or call us at (254) 781-4222 to schedule a FREE consultation and learn more about what we can do to help you today.