The general category of property crimes includes offenses that involve damaging, tampering with, or stealing another person's property. While theft is one of the most common property crimes, there are other related crimes that may be charged in addition to or instead of theft. It is important for criminal defendants who have been accused of property crimes to understand the Texas laws that may apply to them, including the specific offenses they are being charged with and the potential penalties of a conviction. If you are in this situation, a criminal defense attorney can help you understand your options and provide effective representation as you defend against property crime charges.

Offenses Against Property in Texas

While many property crimes will involve stealing property or otherwise depriving the owner of the right to own and possess property that is rightfully theirs, some offenses may involve damage to property or entering property illegally. Some common charges that may apply in these situations include:

• Trespassing - This offense, which is referred to as "criminal trespass" in Texas, involves entering or remaining on another person's property without their consent. Trespassing may take place on private or commercial property, agricultural land, in buildings, or in airplanes or other vehicles. If a person received notice that they were not allowed to enter a property (such as a "no trespassing" sign), or if they were asked to leave a property but refused to do so, they may face criminal charges. In most cases, criminal trespass is charged as a Class B misdemeanor, and a conviction may result in a sentence of up to six months in jail and a maximum fine of $2,000.

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Texas has strict laws when it comes to underage drinking and driving. Underage drinking is a serious issue in Texas and many other states, and a number of accidents, injuries, and deaths occur every year when minors or others attempt to drive while they are intoxicated. Because of this, Texas law enforcement is cracking down on underage drinking, enforcing strict laws and imposing severe penalties on minors who drink and drive. For those who are under the age of 21, it is important to understand the potential penalties of a DUI or DWI arrest.

Driving Under the Influence of Alcohol by a Minor

In Texas, as in many other states, the Driving While Intoxicated legal limit for blood alcohol content (BAC) is 0.08 percent. However, for minors, Texas has a zero-tolerance policy regarding drinking and driving. This means that a driver who is under the age of 21 and is found to have any trace of alcohol in their system can be charged with DUI.  An adult can be charged only with DWI, but a minor could be charged with DUI or DWI, depending on the level of intoxication.

For minors who are under the age of 17, a DUI is charged as a Class C misdemeanor. A driver who is convicted of this offense may be fined up to $500, and they may be required to perform between 20 and 40 hours of community service. Their driver's license will also be suspended for between 60 and 180 days. For a second offense, a driver may face a $500 fine, 40 to 60 hours of community service, and a license suspension for between 120 days and two years. A third offense will result in the same penalties as a second offense, although the license suspension may last from 180 days to two years. 

Texas law is very strict when it comes to drug offenses, and marijuana is no exception. Even though this substance has been legalized in several other states, and it is generally considered to be no more harmful than alcohol, it continues to be treated as an illegal controlled substance in the Lone Star State. Residents of Texas could potentially face charges related to both marijuana and products containing THC. While possession of these substances can result in significant penalties, the consequences of a conviction for delivery of marijuana or THC products can be even more severe. If you have been arrested or charged with distributing marijuana products in Texas, you could be facing jail time, fines, and a criminal record that can follow you for years.

Criminal Charges for Marijuana Delivery

Under the Texas Controlled Substances Act, the offense of "delivery of marihuana" involves knowingly and intentionally transferring marijuana to someone else, including by selling the drug or giving it to others. The minimum charge, which will apply when in cases involving delivery of 1/4 of an ounce or less without receiving anything in return, is a Class B misdemeanor. A conviction can result in a sentence of up to six months in jail and a maximum fine of $2,000.

Penalties become more serious in situations involving payments or compensation for delivering marijuana. Receiving monetary payments or anything of value in return for delivering 1/4 of an ounce of marijuana or less is a Class A misdemeanor, and a conviction may result in up to one year of prison time and a maximum $4,000 fine. Higher amounts of marijuana will result in felony charges. Delivery of 1/4 of an ounce to five pounds is a state jail felony, which carries a prison sentence of 180 days to two years. Five to 50 pounds will result in second degree felony charges, and a conviction will carry a sentence of two to 20 years. 50 to 2,000 pounds will result in first degree felony charges, and a person may face a sentence of five to 99 years. Felony offenses generally have a maximum fine of $10,000. However, in cases involving the delivery of more than 2,000 pounds of marijuana, a person may be sentenced to between 10 years and life in prison and fined up to $100,000.

There are a variety of offenses that can result in criminal charges in Texas, and some of the most common cases involve accusations of theft. While some cases, such as those in which a person is accused of shoplifting, may seem to be minor, any criminal charge should be taken seriously, since a person may face severe fines, imprisonment, and a tarnished record. As a person accused of theft, your future, your career, and your personal life could all be at stake. Depending on the value of the goods or services that were allegedly stolen, Texas law may classify theft and shoplifting charges as felonies.

Felony Theft Charges

In Texas, criminal offenses may be classified as misdemeanors or felonies. A misdemeanor is considered to be a less serious crime that is punishable by up to one year of imprisonment, while a felony is a serious crime that is typically punishable by more than two years in prison. Texas law defines theft as the appropriation of someone else’s money or property without their consent and with the intent of depriving the owner of the ability to possess and use property that is rightfully theirs.

The degree of a theft offense is determined based on the value of the property that was allegedly stolen. In general, theft of property worth less than $2,500 is a misdemeanor. Theft of property valued between $2,500 and $30,000 is a state jail felony, and a person who is convicted may be sentenced to between 180 days and two years in state prison. State jail felony charges will also apply if a person is accused of stealing a firearm or taking property from a grave or a person's dead body.

While each case is different, most DWI arrests follow a predictable pattern: The driver sees red and blue flashing lights in his or her rearview mirror and pulls to the side of the road. Police request his or her license and insurance and ask a series of questions. Usually, one of these questions is, "Have you been drinking?"

If the driver answers affirmatively or the police officer suspects that the driver has consumed alcohol, the officer conducts a Driving While Intoxicated investigation.   If the driver is arrested for driving while intoxicated (DWI) the driver will be asked to provide a sample of breath or blood.  

Many people who have failed a breath test have questions about what happens next. They wonder whether they will automatically be convicted of DWI or if there is any way to fight the charge.