You don’t have to steal property in Texas for the authorities to charge you with theft. In certain circumstances, possessing stolen property is enough for a potential felony charge. Are you facing a theft charge related to allegedly possessing stolen property in Texas? If so, it’s crucial to know what this charge means and how to defend yourself.
The Collin County theft defense lawyers at Rosenthal Kalabus & Therrian are here to protect your rights and guide you through the legal process if you face possession of stolen property charges. You’ll find crucial information on how Texas law defines this offense and potential defense strategies below.
What Is Receiving Stolen Property?
Several years ago, Texas legislators consolidated multiple offenses under the umbrella charge of “theft.” Under the current law, theft includes the following crimes:
Shoplifting
Embezzlement
Extortion
Check fraud
Stealing property directly of someone’s person (pickpocketing)
Theft by false pretext
Using threats to steal someone else’s property
Swindling
Receiving or concealing embezzled property
Receiving or concealing stolen property
While receiving or concealing stolen property falls under Texas’s theft statute, it’s still vital to know what this specific offense entails. To secure conviction, authorities must prove you knowingly or recklessly failed to take steps to verify the property in question wasn’t stolen. Specifically, the law presumes you knew someone stole the property if you paid more than $25 for it and did any of the following actions:
Failed to record the name, address, and physical description or identification number (i.e., driver’s license number) of the person who sold you the goods;
Failed to record a full description of the property and its serial number or other identifying characteristics;
Failed to obtain a signed note from the seller that they had the right to sell the goods to you.
What Is Considered Stolen Property?
The Texas theft statute says stolen property includes:
Goods taken from someone without the owner’s “effective consent.”
Items taken from someone after the first party stole them from the original owner.
Items taken from law enforcement custody if a law enforcement agency explicitly represents it as stolen.
The important provision to remember there is that taking property someone else already stole still counts as theft. You don’t get to avoid legal penalties for taking previously stolen property, even if you didn’t explicitly know the items were stolen. Unless you take steps to verify the property’s original owner and that the person selling or giving you the items has permission to sell them, the authorities can charge you with theft.
Penalties for Possession of Stolen Property in Texas
The penalties for criminal possession of stolen property in Texas depend on the value of the stolen items and other factors, such as your prior criminal history (if any). Here’s a breakdown of the possible penalties:
Less than $100 worth of stolen property – Class C misdemeanor. Penalties include a fine of up to $500.
$100 or more of stolen property but less than $750, less than $100 with a prior theft conviction, or stealing a driver’s license or other state-issued ID – Class B misdemeanor. Penalties include up to 180 days in jail and a fine of up to $2,000.
$750 or more of stolen property but less than $2,5000 – Class A misdemeanor. Penalties include up to one year in jail and a fine of up to $4,000.
$2,500 or more of stolen property but less than $30,000, stealing items directly off someone’s person or from a corpse or grave, stealing a firearm, or stealing less than $2,500 with two or more prior theft convictions – State jail felony. Penalties include 180 days to 2 years in jail and a fine of up to $10,000.
$30,000 or more of stolen property but less than $150,000, or stealing a controlled substance from a commercial building – Third-degree felony. Penalties include 2-10 years in prison and a fine of up to $10,000.
$150,000 or more of stolen property but less than $300,000, or stealing less than $150,000 if the stolen property is an ATM or its contents – Second-degree felony. Penalties include 2-20 years in prison and a fine of up to $10,000.
$300,000 or more of stolen property – First-degree felony. Penalties include 5 years to life in prison and a fine of up to $10,000.
How To Beat a Receiving Stolen Property Charge
The right strategy to contest a receiving stolen property charge in Texas depends on the facts of your case. Some potential options include:
The property wasn’t stolen – If you can show the person who gave or sold you the items in question had permission to give or sell them to you, that means the property wasn’t stolen, removing the prosecution’s basis for the charge against you.
You didn’t know the property was stolen – This defense is difficult, as you have to take extensive steps to verify the goods you received weren’t stolen for it to apply. However, if you did your due diligence and can demonstrate you took the necessary steps to determine where the items came from, you could argue you didn’t know you had received stolen goods.
You never had possession or control of the item(s) – If you never “possessed” the stolen items, the authorities have no justification for a theft charge. For example, if someone hid stolen items in your home or business and you didn’t know, you could argue you never had “possession” of the stolen property.
You were forced to receive the stolen property – If someone used force or threats to make you hold on to stolen property, you could argue you never intended to commit a crime.
Contact a McKinney Theft Defense Attorney Now
Beating a possession of stolen property charge in Texas requires a skilled and experienced legal team. The McKinney theft defense attorneys at Rosenthal Kalabus & Therrian can develop a legal strategy to fit the charges against you. We’ll help keep the police and prosecutors from violating your rights. Call us today or complete our contact form for a free consultation.