Houston Theft Criminal Defense & Houston Fraud Criminal Defense Attorneys

Fraud and Theft Criminal Defense – Related Offenses.

The Texas Penal Code has an extensive list of theft and fraud crimes. Below are some of the more common theft and fraud crimes defended by theft criminal defense attorneys.

  • Theft – Tex. Pen. Code 31.03
  • Theft of Service – Tex. Pen. Code 31.04
  • Theft of Trade Secrets – Tex. Pen. Code 31.05
  • Unauthorized Use of a Vehicle – Tex. Pen. Code 31.07
  • Organized Retail Theft – Tex. Pen. Code 31.16
  • Forgery – Tex. Pen. Code 32.21
  • Trademark counterfeiting – Tex. Pen. Code 32.23
  • Credit Card Abuse – Tex. Pen. Code 32.31
  • False statement to obtain property or credit – Tex. Pen. Code 32.32
  • Fraudulent use or possession of ID information – Tex. Pen. Code 32.51
  • Insurance Fraud – Tex. Pen. Code 35.02
  • Medicaid and Medicare Fraud – Tex. Pen. Code 35A.02
  • Tampering with a Witness – Tex. Pen. Code 36.05
  • Perjury and Aggravated Perjury – Tex. Pen. Code 37.02 & 37.03
  • False Report – Tex. Pen. Code 37.08
  • Tampering with Evidence – Tex. Pen. Code 37.09
  • Tampering with Governmental Record – Tex. Pen. Code 37.10
  • Fraudulent Filing of Financing Statement – Tex. Pen. Code 37.101
  • Impersonating Public Servant – Tex. Pen. Code 37.11

Contact our Houston theft criminal defense lawyers for additional information.

Question 1.

Why is it important to contact an attorney if you are facing charges for theft of services in Texas?

 

Why Contacting an Attorney is Crucial if You Face Theft of Services Charges in Texas

Legal Expertise and Guidance

Facing charges for theft of services can be a daunting and complex experience. Laws surrounding theft of services are nuanced, and navigating them without expert help can lead to severe consequences. A qualified attorney understands these intricacies and can guide you through each step of the legal process, ensuring that you make informed decisions.

Strong Defense Strategy

An experienced criminal defense attorney will craft a strong defense strategy tailored to your unique case. They can identify weaknesses in the prosecution’s arguments, gather essential evidence, and present compelling defenses that could lead to reduced penalties or even dismissal of charges.

Protecting Your Rights

Legal proceedings can be intimidating, with many opportunities for your rights to be infringed upon if you are not fully aware of the law. An attorney safeguards your rights, ensuring you receive a fair trial and that due process is followed every step of the way.

Reducing Potential Penalties

Having an attorney can significantly impact the outcome of your case. Skilled legal counsel can negotiate plea bargains, potentially reducing charges or penalties. Without professional representation, you may face harsher sentences, including substantial fines or incarceration.

Emotional Support and Guidance

Legal battles can be emotionally exhausting. An attorney not only provides legal support but also offers emotional guidance, helping you to cope with the stress and uncertainty. They’re your advocate, working tirelessly on your behalf to achieve the best possible outcome.

In Summary:

  • Legal Expertise: Navigate complex laws with professional help.
  • Strong Defense: Benefit from a tailored defense strategy.
  • Rights Protection: Ensure your rights are upheld.
  • Penalty Reduction: Potentially reduce charges or penalties.
  • Emotional Support: Receive guidance during a stressful time.

Engaging a criminal defense attorney when facing theft of services charges in Texas can be the difference between severe penalties and a more favorable result. Make sure you’re adequately represented to protect your future.

Question 2.

What steps should be taken if the value of stolen services constitutes a misdemeanor charge?

Steps to Take When Stolen Services Constitute a Misdemeanor Charge

If you believe the value of stolen services qualifies as a misdemeanor, follow these steps to address the situation:

  1. Gather Evidence

    • Collect all relevant documentation, such as invoices, receipts, and communication records.
    • Obtain any photographic or video evidence that supports your claim.
    • Secure witness statements if there are any individuals who can corroborate your story.
  2. Evaluate Your Options

    • Consider whether to involve law enforcement or pursue legal action.
    • Understand that for a misdemeanor, you can take the matter to small claims court.
  3. File a Police Report

    • Visit your local police department to file an official report.
    • Provide all collected evidence to support your case.
  4. Initiate Legal Action

    • Visit your local small claims court to file a lawsuit.
    • Make sure you comply with all necessary legal procedures and deadlines.
    • Present your collected evidence during the court hearings.
  5. Seek Legal Advice

    • Consult with a legal professional to understand your rights and options.
    • They can provide guidance on navigating the process effectively.

By carefully documenting the incident and following these steps, you can address the misdemeanor charge and seek restitution for the stolen services.

Question 3.

What steps should be taken if the value of stolen services constitutes a felony charge?

What Steps Should Be Taken If the Value of Stolen Services Constitutes a Felony Charge?

When you discover that the value of stolen services is high enough to constitute a felony, taking immediate and appropriate actions is crucial. Here’s a step-by-step guide to help you navigate this serious situation:

  1. Document Everything:

    • Gather Evidence: Collect all relevant documentation, including invoices, receipts, contracts, and any communications regarding the services.
    • Take Notes: Write detailed notes about the incident, including dates, times, and the individuals involved.
  2. Contact Law Enforcement:

    • Report the Crime: Reach out to your local law enforcement agency to file a report. Provide them with all the evidence you’ve gathered.
    • Cooperate Fully: Be prepared to answer questions and provide additional documentation as needed.
  3. Seek Legal Counsel:

    • Hire an Attorney: Engage a criminal attorney who specializes in theft or fraud. They can offer expert advice and represent your interests.
    • Understand Your Rights: Your lawyer will help you understand the legal implications and guide you through the process of pressing charges.
  4. File a Formal Complaint:

    • With Law Enforcement: Submit a formal complaint with law enforcement officials to initiate a felony investigation.
    • Follow Up: Stay in touch with the assigned investigator to track the progress of your case.
  5. Notify Affected Parties:

    • Inform Stakeholders: If the stolen services impact other parties, notify them about the incident and the steps being taken to address it.
    • Mitigate Further Losses: Implement measures to prevent additional theft or fraud.

Additional Tips:

  • Maintain Clear Records: Keep thorough and organized records of all interactions and developments related to the case.
  • Stay Informed: Educate yourself about local laws and regulations regarding theft and fraud.

Taking these steps promptly can significantly improve the likelihood of a successful resolution and help ensure that justice is served.

Question 4.

What are the penalties for a first-degree felony for theft of services in Texas?

Penalties for First-Degree Felony Theft of Services in Texas

In Texas, the penalties for committing a first-degree felony involving theft of services are severe and carry long-lasting consequences. Here’s what you could face:

  • Prison Sentence: You might receive a prison term ranging from 5 to 99 years.
  • Life Imprisonment: In extreme cases, life imprisonment is a possibility.
  • Monetary Fines: Fines can be as steep as $10,000.

These penalties apply if the value of the services stolen exceeds $300,000. The combination of the potential for life imprisonment and hefty fines makes this a crime with significant repercussions.

Question 5.

What are the penalties for a second-degree felony for theft of services in Texas?

Penalties for Second-Degree Felony Theft of Services in Texas

In Texas, committing theft of services at a second-degree felony level comes with severe consequences. If the value of the services stolen ranges from $150,000 to just under $300,000, you are looking at serious legal penalties.

Here’s a breakdown of the possible penalties:

  • Imprisonment: A jail sentence can range from 2 to 20 years.
  • Fines: You could be fined up to $10,000.

These penalties reflect the state’s stringent measures against significant theft, aiming to deter such activities and uphold justice.

Question 6.

What are the penalties for a third-degree felony for theft of services in Texas?

Penalties for a Third-Degree Felony for Theft of Services in Texas

In Texas, theft of services can carry serious penalties when classified as a third-degree felony. If the value of the services stolen is between $30,000 and $149,999, those found guilty face significant consequences.

Potential Penalties:

  • Prison Sentence: You could be sentenced to a term ranging from 2 to 10 years.
  • Fines: You may also be required to pay a fine of up to $10,000.

Understanding these penalties is crucial for anyone charged with this offense, as they highlight the severe repercussions that can follow a conviction.

Question 7.

What are the potential penalties for theft of services in Texas?

What Are the Potential Penalties for Theft of Services in Texas?

In Texas, theft of services is treated as a significant offense, leading to penalties that vary based on the value of the services stolen. These penalties can range from minor fines to extensive imprisonment.

Misdemeanors

  1. Class C Misdemeanor: If the value of the stolen services is less than $100, the offense is considered a Class C misdemeanor, which may result in a fine up to $500.
  2. Class B Misdemeanor: When the value falls between $100 and $749, the charge escalates to a Class B misdemeanor, with potential penalties including a fine up to $2,000 and up to 180 days in jail.
  3. Class A Misdemeanor: For services valued between $750 and $2,499, the crime is classified as a Class A misdemeanor. Punishments can include a fine up to $4,000 and up to 180 days in jail.

Felonies

  1. State Jail Felony: Theft of services valued between $2,500 and $29,999 is classified as a state jail felony. Convictions can lead to a state jail sentence of up to 2 years and a fine up to $10,000.
  2. Third-Degree Felony: If the stolen services are valued between $30,000 and $149,999, the individual may face a third-degree felony charge. This carries potential penalties of 2 to 10 years in prison and a fine up to $10,000.
  3. Second-Degree Felony: For services valued between $150,000 and $299,999, the offense is a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000.
  4. First-Degree Felony: Theft involving services valued at $300,000 or more results in a first-degree felony charge. This serious offense can lead to 5 to 99 years, or even life imprisonment, and a fine up to $10,000.

Understanding these penalties underscores the seriousness with which Texas treats theft of services, stressing the importance of adhering to the law.

Question 8.

Is theft of services a felony in Texas?

Is Theft of Services a Felony in Texas?

In Texas, theft of services can indeed be classified as either a felony or a misdemeanor, depending on the value of the services stolen. The severity of the crime and the corresponding penalties escalate with the worth of the services.

Misdemeanor Classifications

  1. Class C Misdemeanor: If the value of the stolen service is under $100, the offense falls into this category. Penalties include fines up to $500.

  2. Class B Misdemeanor: For services valued between $100 and $749, this classification applies. Offenders may face fines up to $2,000 and a jail sentence of up to 180 days.

  3. Class A Misdemeanor: When the service value is between $750 and $2,499, it’s considered a Class A misdemeanor. The penalties can include fines up to $4,000 and a jail sentence of up to 180 days.

Felony Classifications

  1. State Jail Felony: If the service value ranges from $2,500 to $29,999, the crime is classified as a state jail felony. Punishments can include a state prison sentence of up to 2 years and fines up to $10,000.

  2. Third-Degree Felony: For services valued between $30,000 and $149,999, offenders can face prison sentences ranging from 2 to 10 years and fines up to $10,000.

  3. Second-Degree Felony: When the value is between $150,000 and $299,999, the crime is a second-degree felony. This can lead to 2 to 20 years in prison, along with fines up to $10,000.

  4. First-Degree Felony: For services valued at $300,000 or more, the offense is a first-degree felony. Penalties are severe, with prison sentences ranging from 5 to 99 years or even life imprisonment, plus fines up to $10,000.

Summary

Theft of services in Texas can range from minor misdemeanors to serious felonies based on the value of the services stolen. Higher values result in more severe punishments, potentially including lengthy prison sentences and substantial fines.

Question 9.

What are the penalties for a state felony for theft of services in Texas?

Penalties for Theft of Services in Texas

In Texas, the penalties for theft of services vary depending on the value of the services stolen. Here’s a breakdown of the consequences you could face:

State Jail Felony

  • Value: $2,500 to $29,999
  • Penalties: Up to 2 years in state prison and a fine up to $10,000

Third-Degree Felony

  • Value: $30,000 to $149,999
  • Penalties: 2 to 10 years in prison and a fine up to $10,000

Second-Degree Felony

  • Value: $150,000 to $299,999
  • Penalties: 2 to 20 years in prison and a fine up to $10,000

First-Degree Felony

  • Value: $300,000 and above
  • Penalties: 5 to 99 years, or even life imprisonment, plus a fine up to $10,000

These penalties are severe and can have long-lasting effects on your life. If you’re facing such charges, it’s critical to understand the gravity of the situation and possibly seek legal advice.

Question 10.

What are the penalties for a Class A misdemeanor for theft of services in Texas?

Penalties for a Class A Misdemeanor for Theft of Services in Texas

If you’re convicted of a Class A misdemeanor for theft of services in Texas, you’re facing significant penalties. Here’s a clear breakdown:

  • Monetary Fines: You could be fined up to $4,000.
  • Incarceration: There’s a potential jail sentence of up to 180 days (approximately six months).

These penalties apply when the value of the stolen services ranges between $750 and $2,499.

Question 11.

What are the penalties for a Class B misdemeanor for theft of services in Texas?

Penalties for a Class B Misdemeanor for Theft of Services in Texas

In Texas, a Class B misdemeanor for theft of services involves a situation where the value of the stolen services ranges between $100 and $749. If convicted, the penalties can be severe, including:

  • Fines: You may be required to pay up to $2,000.
  • Jail Time: A jail sentence can be imposed for up to 180 days.

These penalties are significant and can have long-lasting impacts on your life, extending beyond the immediate legal consequences.

Question 12.

How can someone file for theft of services in Texas?

How to File for Theft of Services in Texas

Filing for theft of services in Texas involves a few crucial steps. Here’s a comprehensive guide to help you navigate the process:

Step 1: Consult an Attorney

Before initiating any legal action, it’s essential to seek the help of a qualified attorney. An attorney will guide you through the specifics of your claim and handle the paperwork necessary to file the complaint. They can also offer advice on how to proceed with your case.

Step 2: Determine the Severity of the Theft

  • Felony Charges: If the value of the services stolen is significant enough to constitute a felony, you should contact law enforcement immediately. A felony charge is serious, and police involvement can help you press charges effectively.
  • Misdemeanor Charges: If the stolen services amount to a misdemeanor, you can take the matter to small claims court.

Step 3: Gather Evidence

Collecting evidence is a critical step regardless of the severity of the theft. Secure any documents, witness statements, or other proof that can substantiate your claim. The more comprehensive your evidence, the stronger your case will be, whether in court or when speaking with law enforcement.

Step 4: File Your Complaint

Your attorney will assist you in filing the necessary paperwork for your complaint. This is crucial for both felony and misdemeanor cases and ensures that your claim is legally registered.

Step 5: Follow Legal Proceedings

After filing, you’ll need to follow through with the legal process, which may include attending court hearings and providing additional documentation as required. Your attorney will represent your interests and strive to achieve a favorable outcome.

Facing Charges? Get Legal Help

If you’re accused of theft of services, obtaining a criminal defense attorney is vital. A knowledgeable attorney can significantly increase your chances of a favorable outcome by representing your best interests.

Summary

  • Consult an attorney to understand and initiate the filing process.
  • Determine the severity of the theft to decide between involving law enforcement or heading to small claims court.
  • Gather as much evidence as possible.
  • File your complaint with legal assistance.
  • Proceed with the legal process and attend any required hearings with your attorney’s guidance.

By following these steps, you can effectively file for theft of services in Texas.

Question 13.

What are the penalties for a Class C misdemeanor for theft of services in Texas?

Penalties for a Class C Misdemeanor for Theft of Services in Texas

In Texas, a Class C misdemeanor for theft of services occurs when the value of the service is less than $100. If convicted, the individual may face a penalty of up to $500. These charges do not typically involve jail time but can include a financial fine as the primary form of punishment.

Question 14.

What are some examples of theft of services?

Examples of Theft of Services

Theft of services, a form of theft that involves obtaining services without paying for them, manifests in various ways. Here are some common examples:

  • Dining and Dashing: When someone eats at a restaurant and leaves without paying the bill.
  • Fare Evasion: Skipping payment for rides on public transportation such as buses, trains, or subways.
  • Skipping Hotel Bills: Staying at a hotel and leaving without settling the room charges.
  • Unpaid Installations: Getting cable, internet, or other utilities installed and not paying the contractor or service provider.

Each of these actions can lead to legal consequences, including charges of theft.

What is theft of services according to Texas state law?

  • Theft of Service – Tex. Pen. Code 31.04

Texas state law defines theft of services as obtaining services from another person by engaging in unlawful practices without the intent to pay for the services. Forcing someone to provide services, threatening someone if they do not provide services, or using deception to obtain services can all constitute theft of services. Using counterfeit money to pay for the services also falls under this category.

Common Examples of Theft of Services:

  • Dining and Dashing: Eating at a restaurant and leaving without paying.
  • Fare Evasion: Avoiding payment on public transportation.
  • Hotel Fraud: Failing to pay for a hotel room after staying.
  • Contractor Fraud: Requesting services like cable or Wi-Fi installation and then not paying the contractor or company.

Understanding these examples helps clarify how broad and inclusive the definition of theft of services can be under Texas law.

 

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