Types of Property Crimes in Texas
All property crimes stem from the intent to deprive another of their property. It is the intent that is key. The individual does not have to be successful at actually stealing something but just have the requisite intent. In other words, if a person unlawfully enters another person’s home with the intent to steal but does not steal anything, they have met the statutory requirements for burglary of a habitation in the Texas Penal Code.
Theft
Theft offenses are charged according to the fair market value of the property that was allegedly stolen. Theft offenses can range from class C misdemeanors to felony-level offenses. The difference between theft and burglary is illegal or unlawful entry on or into one’s property.
Theft cases can be enhanced to state jail felonies if an individual has been convicted of two prior misdemeanors, regardless of the prior class level of the misdemeanor convictions. For example, if an individual has two prior class C misdemeanor convictions and steals gum, the next allegation of theft may be charged as a state jail felony.
Burglary
Just as with theft offenses, burglary offenses require that the individual charged have the requisite intent to deprive another person of property. Additionally, that same individual has to unlawfully enter (and in some circumstances remain) on or in a person’s property to be charged. An individual does not have to be successful in stealing or appropriating anything to meet the elements of burglary under the Texas Penal Code.
If it is alleged that an individual unlawfully entered a person’s vehicle, the appropriate charge is burglary of a vehicle. If it is alleged that an individual unlawfully entered an individual’s property and remained after being asked to leave, the appropriate charge is criminal trespass. If it is alleged that an individual unlawfully entered an individual’s property that contained a building that is not that same individual’s home then the appropriate charge is burglary of a building. If it is alleged that an individual unlawfully entered an individual’s property that contained a building that is the individual’s home then the appropriate charge is burglary of a habitation.
Robbery §29.02
The offense of robbery has the same base elements as a theft offense except that it involves an allegation of a threat of bodily harm or actual bodily harm. Imagine a case involving shoplifting at a local grocery store where the individual is stopped by loss prevention. In this circumstance, however, rather than, be escorted to the back office, the individual pushes the loss prevention officer and runs out of the store. This example set of circumstances may meet the elements for robbery under the Texas Penal Code.
Aggravated Robbery TPC §29.03
The offense of aggravated robbery, similar to robbery, can be met by the threat of serious bodily harm or by actually causing bodily harm. The clearest example is if an individual were to enter a store with a gun and use it to demand money. There does not have to be any harm done, only an implied threat that if the money is not handed over that harm may come to the complainant if they do not comply with the individual with the gun’s demands.
Penalty Ranges:
Theft (based on fair market value of the loss) §31.03
– Class C Misdemeanor (Less than $100 dollars)
– Class B Misdemeanor ($100 – $749.99 dollars)
– Class A Misdemeanor ($750 – $2,499.99 dollars)
– State Jail Felony ($2,500 – $24,999.99)
– 3rd Degree Felony ($30,000 – $149,999)
– 2nd Degree Felony ($150,000 – $299,999)
– 1st Degree Felony ($300,000 or more)
Unauthorized Use of a Motor Vehicle
– State Jail Felony
Theft with 2 or More Previous Convictions
– State Jail Felony
Theft of a Firearm
– State Jail Felony
Criminal Trespass
– Class B Misdemeanor
Burglary of a Motor Vehicle
– Class A Misdemeanor
Burglary of a Habitation
– 2nd Degree Felony
Burglary of a Building
– State Jail Felony