Legal Defense for Theft Cases in San Antonio
Burglary, Shoplifting and Theft
The act of taking people’s assets – be they financial, material, property or other miscellaneous items – without their permission is known as theft. Theft is often known as larceny, but the words are interchangeable according to the law.
Some basic instances of theft include:
Stealing a car
There are also degrees of theft crimes that a person can get criminal charges for.
If an item under $300 is stolen, then you could be charged with petit theft, also defined as petty theft. There are two levels of petty theft crimes:
First degree – theft of property that is valued between $100 and $300
Second degree – theft of property valued below $100
Petty thefts are classified as misdemeanors.
Theft of items over $300 is considered grand theft. There are three levels of grand theft.
First degree – property theft valued over $100,000
Second degree – property theft valued between $20,000 and $100,000
Third degree – property theft valued between $300 and $20,000
Also, if property valued between $100 and $300 is stolen from a homeowner, then the theft crime can be tried as grand theft in the third degree.
Grand thefts are classified as felonies.
If you are accused of theft, you will likely be tried in a state court. Also, any previous offences of theft could upgrade new instances. For example, several previous instances of petty theft could upgrade a new instance of petty theft from a misdemeanor to a felony.
There are many related charges of larceny that are covered under laws.
Burglary is when a person with the intention to commit criminal activity enters a structure in active use without permission. A burglary does not necessarily involve, but is often equated to, a theft crime.
No victim has to be present for burglary to be committed. Also, the structure will more than likely be a building. If a fenced-off area is broken into, then it may not count as a burglary. However, if the perpetrator broke into the fenced-off area to get into a building, the act may be deemed a burglary.
Most burglaries are considered felonies.
When a car is stolen from a victim by force or intimidation, it is known as a carjacking.
Carjackings are also classified as grand theft auto. However, grand theft auto is considered in some areas to be an instance of a car stolen without the use of force (i.e., breaking into an empty car and driving away).
Most carjackings are tried as felonies.
If theft occurs in a store or business and the stolen property is from the same store or business, then it is known as shoplifting. Shoplifting is also known as concealment of merchandise and retail theft.
Often, shoplifting will require that the element is hidden from view to qualify as shoplifting. Also, placing alternative price tags on items to deprive the owner of the appropriate profit can count as shoplifting as well.
Shoplifting can range from a small infraction to a felony, depending on how the shoplifting occurred. If firearms were involved, then the shoplifting charge may increase.
Need Help for Theft Charges?
The Law Offices of LaHood and Calfas can help work toward providing you with a fair and just solution to your legal woes. Our team wants to make sure the state preserves your rights according to the definition and the word of the law. You are not a thief until intent is proven on the terms of the law. If you live in the San Antonio area and need legal counsel, call on our team to schedule a free consultation.