People who have been arrested for property crimes in Texas may be confused about the differences between theft, robbery, and burglary. Although these crimes are similar, they are actually quite different and can carry different penalties. If you have been charged with a property crime in Texas, it is important to understand the nuances of these crimes so that you can know what to expect and how to defend yourself.

What Is Theft?

Theft is defined as taking something that does not belong to you without the owner's consent and with the intent to permanently deprive the owner of the thing taken. Additionally, theft can also occur when someone obtains services without paying or by deception. For example, if you go into a store and take an item off the shelf without paying for it, you have committed theft. If you order a meal at a restaurant and then leave without paying, you have committed theft. If you lie about your identity in order to obtain services that you would not otherwise be entitled to, you have committed theft. 

In Texas, theft is classified as a misdemeanor if the value of the property stolen was under $2,500. A person may be charged with a state jail felony if they are accused of stealing property valued between $2,500 and $30,000 or a firearm or had two previous theft convictions. Theft of property worth $30,000 to $150,000 is a third-degree felony, theft of $150,000 to $300,000 is a second-degree felony, and theft of over $300,000 is a first-degree felony.

Domestic disputes can occur in a variety of situations, and they can sometimes escalate to the point where a person may be arrested and charged with domestic assault or other offenses involving family violence. Many people believe that domestic assault only occurs when there is a physical altercation between spouses, family members, or people who are in a romantic relationship. However, domestic assault charges can be filed in other situations as well, even in cases where there was no physical contact between the alleged victim and the accused (Terroristic Threat). It is important to understand the specific charges that may apply in these situations and the consequences you may face if you are convicted. With the help of a criminal defense attorney, you can determine your best options for defending against domestic assault or family violence charges.

What Is Domestic Assault in Texas?

The Texas Penal Code states that a person can be charged with assault if they do one of the following:

• Intentionally cause someone else to suffer a bodily injury.

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In Texas, it is illegal to drive while intoxicated. However, DWI charges do not just apply in situations where a person drank alcohol before driving. Intoxication may also occur in situations involving the use of drugs, including illegal controlled substances, prescription drugs, and marijuana. If you have been pulled over by a police officer, questioned about your use of marijuana or other drugs, and arrested on DWI charges, you will need to understand the specific criminal charges that may apply. By working with an experienced lawyer, you can determine your best options for defense.

Texas DWI Laws Regarding Drugs

Driving while intoxicated (DWI) is a criminal offense in Texas. When it comes to alcohol use, intoxication is defined as having a blood alcohol content of at least .08 percent. However, the Texas Penal Code also states that a person may be considered to be intoxicated if they do not have the normal use of their physical or mental faculties due to the use of alcohol, marijuana, or other controlled substances. The combination of different types of substances, such as alcohol and prescription drugs, may also cause a person to become intoxicated.

The penalties for DWI can be very serious. At minimum, DWI is charged as a Class B misdemeanor, and a person who is convicted will be required to spend at least 72 hours in jail. Class B misdemeanor convictions may result in up to six months of jail time, as well as fines of up to $2,000. A person's driver's license may also be suspended for up to two years. More serious charges may apply in certain situations, such as when a person has previous DWI convictions or when they had a child passenger in their vehicle.

After you are arrested for a crime, there is a record of that arrest that can follow you around for the rest of your life. A criminal history can make it difficult, if not impossible, to get a job, rent an apartment, be accepted into college, or take out a loan. This can be especially problematic if you have been arrested on charges related to marijuana. Even though marijuana is considered by most people to be a non-harmful drug, and it has been legalized in some states, it is still an illegal substance in Texas. Arrests, charges, or convictions for marijuana possession or distribution can create a permanent black mark on your record.

Fortunately, in some cases, you may be able to have your record "expunged," which means that an arrest or a criminal charge will be erased from your criminal history. If you are concerned about how a marijuana arrest may affect your future, you will want to understand whether expunction will be a solution that will allow you to clear your record.

Requirements for Expunction in Texas

To be eligible for an expunction in Texas, you must meet certain criteria. Expunction is generally an option if you were not convicted of a crime. For example, you may be eligible for an expunction if you were arrested but never charged with a crime or if you were found not guilty or your case was dismissed. You may also receive an expunction if you were convicted of a crime, but you later received a pardon.

In most cases, criminal charges related to illegal drugs will involve accusations that a person was in possession of controlled substances. However, there are other items that may also be related to drugs, including manufacturing equipment, packaging materials, or devices used to consume drugs, and possession of these items may also lead to criminal charges. For those who are involved in criminal cases related to drugs, it is important to understand how the laws in Texas address the possession of drug paraphernalia.

What Is Drug Paraphernalia?

Under Texas law, drug paraphernalia may include any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, processing, packing, injecting, ingesting, or inhaling controlled substances. In general, anything that can be used to cultivate, package, or consume illegal drugs can be considered drug paraphernalia. Common examples include bongs and pipes used for smoking marijuana or methamphetamine pipes. Other examples include syringes and needles used for injecting drugs like heroin. Devices used to package and distribute drugs may also be considered paraphernalia, such as scales and other measuring devices used to weigh drugs or baggies used to package and distribute substances. 

It is important to note that even items that are not specifically designed for use with illegal drugs can still be considered drug paraphernalia under Texas law. For example, a regular kitchen spoon can be considered drug paraphernalia if it is being used to cook methamphetamines. Likewise, an otherwise innocuous piece of paper can be considered drug paraphernalia if it is being used to roll marijuana joints. While these items would not usually be considered paraphernalia on their own, possession of drugs alongside certain items may result in charges related to paraphernalia being added to other drug charges.