Many times, individuals who have been arrested and charged with property crimes in Dallas do not realize they are committing a serious criminal offense. Even crimes such as graffiti, vandalism, or criminal mischief can result in jail or prison sentences in addition to steep fines.
If you have been charged with a criminal property offense, however, you do not necessarily have to face a criminal conviction. The state prosecutor has a very high burden of proof to prove beyond a reasonable doubt you committed every element to the property crime. If your attorney is able to cast even the slightest doubt in the mind of the judge or jury, your criminal charges will be reduced or even dismissed.
Therefore, it is important to contact an experienced criminal defense lawyer in Dallas who will make every effort to help you achieve the most desirable outcome in your particular situation.
Property Crimes Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been accused of committing a property offense in Dallas, contact the Law Offices of Richard C. McConathy today at (972) 597-2037 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Dallas Property Crimes and Laws
Some of the most commonly charged property offenses in Texas are as follows:
An individual can be charged with burglary under Tex. Penal Code § 30.02 if they enter without the owner’s consent:
- A habitation or a building with the intent to commit a felony, theft or assault;
- A building or habitation and remain there with the intent to commit a felony, theft or assault; or
- A building or habitation and commit or attempt to commit a felony, theft or assault.
This offense is generally punishable as a state jail felony, felony of the second degree or a felony of the first degree.
According to Tex. Penal Code § 30.04, an individual can be charged with burglary of a vehicle if they break into or enter a vehicle without the consent of the owner and with the intent to commit a felony or theft. This offense is generally punishable as a state jail felony or a Class A misdemeanor.
Under Tex. Penal Code § 30.05, an individual can be charged with criminal trespass if they enter or remain on another person’s property without their consent and the alleged offender had noticed the entry was forbidden or they received notice to leave the premises, but did not. Criminal trespass can occur on:
- Residential land,
- Agricultural land,
- A recreational vehicle park,
- A building,
- An aircraft, or
- Any other vehicle.
An individual can be charged with arson under Tex. Penal Code § 28.02 if they intentionally or recklessly destroy property through the use of fire or explosion. This offense can result in a conviction for a state jail felony, a felony of the first degree, a felony of the second degree, or a felony of the first degree, depending if death or injury resulting to any person as a result of the arson, and depending on where the arson occurred.
According to Tex. Penal Code § 28.03, an individual can be charged with criminal mischief if they intentionally or knowingly commit any of the following without the owner’s consent:
- Damage or destroy the property of someone else;
- Tampers with another person’s property and causes loss or substantial inconvenience; and/or
- Marks, draws, paints, writes, or makes inscriptions or slogans on the property of another person.
This offense is also commonly known as vandalism. A conviction for this offense can result in Class C, B, or A misdemeanor, a state jail felony, or a felony of the third, second or first degree, depending on the amount of loss resulting from the damage.
Under section 28.08 of the Texas Penal Code, an individual can be charged with graffiti if they intentionally or knowingly draw on, inscribe on, paint, write on, spray paint, or mark on the property of another person without their permission by using:
- Paint,
- A permanent marker, and/or
- An etching or engraving tool.
This offense can result in a Class A or B misdemeanor, state jail felony, or felony of the third, second, or first-degree conviction, depending on the amount of property damage and where the graffiti was committed.
According to Tex. Penal Code Ann. § 28.04, an individual can be charged with reckless damage or destruction if they recklessly damage or destroy the property of another person without their permission. This offense is generally punishable as a Class C misdemeanor.
Property Crime Mental States in Dallas
Most property crimes in Dallas require the alleged offender to have some element of intent or knowledge they were committing the offense. In order to convict the alleged property offender of their crime, the state prosecutor must prove beyond a reasonable doubt the alleged offender had the intent to commit the crime, the knowledge they were committing the offense or acted recklessly when committing the crime. These elements are subjective and can be very difficult for the prosecutor to prove, as they are different for every person and not established by hard evidence.
As defined in section 6.03 of the Texas Penal Code, the most common property crime mental states are:
- Intentionally – An individual acts intentionally if they commit a crime and they have the conscious objective or desire to engage in the conduct or cause the result of the conduct.
- Knowingly – An individual acts knowingly, or with knowledge if they commit a crime and are aware their conduct is reasonably certain to cause the intended result of the conduct.
- Recklessly – Individuals act recklessly when they commit a crime if they are aware of their conduct or the likely result of the conduct, but they consciously disregard the possibility the result will occur.
Penalties for Property Offenses in Dallas
The penalties for property crimes in Texas are listed in Chapter 12 of the Texas Penal Code. However, these basic statutory penalties can increase, depending on where the offense occurred, the value of the damage, whether the alleged offender has any previous criminal history, and whether a weapon was used during the commission of the offense.
- A conviction for a Class C misdemeanor property crime can result in a fine up to $500.
- A conviction for a Class B misdemeanor property crime can result in a jail sentence up to 180 days and/or a fine up to $2,000.
- A conviction for a Class A misdemeanor property crime can result in a jail sentence up to one year and/or a fine up to $4,000.
- A conviction for a state jail felony property crime can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
- A conviction for a felony of the third-degree property crime can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.
- A conviction for a felony of a second-degree property crime can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
- A conviction for a felony of the first-degree property crime can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
Defenses to Property Crimes in Dallas
Occasionally, defenses may be available to individuals that have been charged with property crimes in Dallas. It is important to first consult with your experienced criminal defense attorney to help you determine whether any defense is applicable in your particular situation.
- Duress – An alleged offender may be able to use this defense if they were threatened by another person they would be harmed or a third party would be harmed if they did not commit the offense.
- Justification – An alleged offender may be able to use this defense if they committed an act that would otherwise be a criminal offense in an emergency situation in order to prevent public or private harm.
- Reasonable Belief – An alleged offender may be able to use this defense if they reasonably believed they had the owner’s permission to use the owner’s property or enter the property.
- Renunciation – An alleged offender may be able to use this defense if they withdrew from participating in the act before the act was committed and made substantial efforts to prevent the act from occurring.
Dallas Property Crime Resources
Texas Penal Code – Offenses Against Property – Chapter 28 of Title 7 of the Texas Penal Code defines arson, criminal mischief, and other property damage or destruction offenses throughout Texas and the penalties for committing such offenses.
Texas Penal Code – Burglary and Criminal Trespass – Chapter 30 of Title 7 of the Texas Penal Code defines burglary and criminal trespass offenses throughout Texas and the penalties for committing such crimes.
Office of Justice Programs – Bureau of Justice Statistics (BJS) – This link is to The National Crime Victimization Survey (NCVS), as provided by the BJS. The survey measures property crimes, such as burglary and burglary of a vehicle, throughout the nation.
Theft Offenses FAQ
The amount of theft is only 100.00 dollars or less, should I take this charge seriously?
Theft charges, regardless of the amount, if convicted, could have long term damage to your ability to do business, rent property, or obtain certain licenses for work. Any charge that is considered a crime of moral turpitude can potentially affect you negatively for up to ten years.
I was charged with theft, now I am being sued by the person or company for the loss from the theft, can they do that to me?
Yes, the victims of a theft case can seek recovery of losses by means of a civil lawsuit in court regardless of if you are being criminally prosecuted. However, they cannot threaten criminal prosecution to litigate a civil dispute.
I want to plead guilty to a theft charge, paid the fine and moved on. Can I get my record erased after the case is over?
No, any case resulting in a final conviction cannot be expunged.
My friend is the one who stole the stuff. I was there and now being charged for theft as well, can they do this to me?
Depends, the law allows for the government to charge other individuals as coconspirators to the crime if they in some degree participated with the planning, act or after the fact activities of the crime. If you helped your friend in any way or failed to walk away after discovering the act you may be putting yourself in danger of being charged with the same crime your friend is.
I accused of theft, can I just not pay them back and call it even?
No, regardless of if you pay back the person or party stolen from, this does not prohibit the government from bring charges against you. If you have not been charged yet, it is very important that you seek legal counsel to speak on your behalf with the other side. What you say can be used against you.
Find A Dallas County Defense Attorney for Property Crime Charges | Law Offices of Richard C. McConathy
Contact the Law Offices of Richard C. McConathy today at (972) 597-2037 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.