Providing Strategic Personalized Defense in Harris County
A property crime charge in Texas can range from a Class C misdemeanor to a first degree felony depending on the value of the property involved, the circumstances of the alleged offense, and your prior history. The consequences extend well beyond the courtroom. A conviction can affect employment, housing, professional licences, and your permanent record.
Property crimes under Texas law cover a wide range of offenses all involving allegations of unlawfully taking, damaging, or interfering with someone else’s property. The charge level and the potential penalty depend primarily on the value of the property involved, whether a structure was entered, whether force was used, and whether there is evidence of intent.
Even a first-time misdemeanor theft conviction creates a permanent criminal record. At the felony level, the consequences can include years in prison and fines up to $10,000. Understanding which charge you are facing and what the state must prove to sustain it is the foundation of an effective defense.
At David Smith Law Firm, every property crime case begins with a detailed review of the evidence the state is relying on. Intent, ownership, identification, and the lawfulness of how evidence was obtained are all elements that can be challenged. As a former Brazoria County prosecutor, David Smith understands how these cases are built by the state and where those cases most often fall short.
Allegations of auto theft can involve taking a vehicle, operating it without the owner’s consent, or attempting to alter or conceal a vehicle’s identity. The state must establish that consent was absent and that intent was present. Our firm examines both elements carefully.
Arson is one of the most seriously prosecuted property offenses in Texas, carrying felony-level penalties that increase significantly when injury or substantial loss is alleged. These cases rely heavily on fire investigation findings that can be challenged by independent expert analysis.
Entry-based offenses do not require that property was actually stolen. The mere act of entering or remaining in a structure with alleged criminal intent can sustain a charge. Lawfulness of entry and the provability of intent are both contestable elements in these cases.
Financial theft offenses involve complex documentary evidence. Our firm reviews transaction records, account access logs, and investigative procedures for weaknesses in the chain of proof.
Theft refers to the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. Theft can range from shoplifting to embezzlement and carries penalties that vary based on the value of the stolen property and who the alleged victim is.
At David Smith Law Firm, we analyze whether the prosecution can actually prove intent, ownership, and unlawful control. Many theft cases involve misunderstandings, disputes over consent, or insufficient evidence. We work to negotiate reductions, seek dismissals where appropriate, and protect your record from lasting consequences.
Arson is one of the most seriously prosecuted property-related offenses under Texas law. Under Texas Penal Code Chapter 28, arson involves allegations of intentionally starting a fire or causing an explosion that damages property, a vehicle, or vegetation. Penalties escalate significantly when the fire occurs in or near a habitation, when a person is present, or when serious injury or death results.
Arson prosecutions rely heavily on the conclusions of fire investigators and expert witnesses. The origin and cause determination is not infallible — investigative methods vary, accelerant detection has limitations, and accident is frequently mischaracterised as intent.
Burglary involves unlawfully entering a building, habitation, or other structures with the intent to commit theft, assault, or another felony. It is important to note that actual theft does not need to occur for a burglary charge. The mere act of unlawfully entering a structure with criminal intent constitutes the offense.
Our firm carefully evaluates whether lawful entry can be established, whether the alleged intent is genuinely provable, and whether law enforcement respected constitutional protections during the investigation. Burglary charges often hinge on circumstantial evidence about what a person intended at the moment of entry and that intent must be proven beyond reasonable doubt, not merely inferred.
Vandalism is charged as criminal mischief under Texas Penal Code Section 28.03, which covers intentional damage, destruction, or tampering with another person’s property. The severity of the charge depends on the amount of alleged damage. Below $100, the offense is a Class C misdemeanor. At $300,000 or more, it becomes a first-degree felony. Restitution is ordered in virtually every case where the charge results in a conviction.
Robbery is a more severe offense that occurs when a person uses force, threats, or intimidation to take property from another person. Unlike theft, robbery involves direct confrontation and the use or threat of violence.
Aggravated robbery is a first-degree felony under Texas Penal Code Section 29.03. It is an enhanced form of robbery that applies when the alleged offense involves use of a deadly weapon, causes serious bodily injury, or targets a person who is 65 or older or disabled. A conviction can result in a sentence of 5 to 99 years or life in prison, plus fines up to $10,000.
Our team conducts a comprehensive review of forensic evidence, medical records, and police procedures. David Smith Law Firm challenges exaggerated claims, unlawful searches, and unreliable testimony. Every detail matters when facing a charge of this magnitude.
Under Texas Penal Code Section 31.07, unauthorized use of a motor vehicle involves operating or using a vehicle without the effective consent of the owner. Texas law treats this charge as a state jail felony regardless of how briefly the vehicle was used or whether any damage occurred. A conviction carries 180 days to 2 years in state jail and a fine of up to $10,000 and can affect driving privileges and employment opportunities.
Failure to Stop and Give Information is governed by Texas Transportation Code Section 550.023 and arises when a driver involved in an accident does not stop, provide their name, address, registration, and insurance information, or render reasonable assistance to injured parties. The severity of the charge depends on whether the accident involved property damage only or resulted in injury or death. A charge involving a fatality can be a third-degree felony.
Answer: A property crime is any criminal charge that involves taking, damaging, entering, using, or interfering with someone else’s property without legal permission. Common examples include theft, burglary, robbery, aggravated robbery, vandalism, arson, unauthorized use of a motor vehicle, and criminal trespass. The seriousness of the charge depends on the type of offense, the value of the property, whether a building or vehicle was entered, whether force was used, and whether the person has a prior record.
Answer: Yes, it is worth speaking with a lawyer if you are facing a property crime charge in Houston. Even a lower-level theft, vandalism, or trespass case can affect your record, job, housing, and future background checks. A property crime lawyer can review the evidence, challenge intent, question how the investigation was handled, and look for options that may reduce or resolve the charge. Early legal help is especially important when the case involves felony allegations, surveillance video, witness statements, financial records, or a prior criminal history.
Answer: Yes, a property crime charge can be dismissed in some cases, but it depends on the facts and evidence. Dismissal may be possible if the state cannot prove intent, ownership, value, identity, lack of consent, or another required element of the offense. Other issues may also matter, including unlawful searches, weak witness statements, missing video, unreliable records, or successful completion of a diversion program. No ethical lawyer can promise a dismissal, but the defense should start by testing whether the state can prove every part of the charge beyond a reasonable doubt.
Answer: Theft, burglary, and robbery are different charges under Texas law. Theft usually involves unlawfully taking property with intent to deprive the owner of it. Burglary usually involves entering a building, habitation, or certain property without consent and with intent to commit theft, assault, or another felony. Robbery is more serious because it involves theft connected to force, injury, threats, or fear of immediate harm. These differences matter because the charge level, defense strategy, and potential punishment can change significantly depending on how the case is classified.
Answer: Intent is often one of the most important issues in a property crime case. In theft cases, the state must prove that you intended to deprive the owner of the property. In burglary cases, the state must prove criminal intent connected to the entry. In criminal mischief or vandalism cases, the state must prove the damage was intentional or knowing. If the case involves a misunderstanding, mistake, consent issue, ownership dispute, or accident, those facts may become important to the defense.
Answer: In some cases, yes. A first-time property crime charge may be eligible for a result that avoids a final conviction, depending on the charge, the facts, the person’s history, and the court. Options may include dismissal, reduction, deferred adjudication, pretrial diversion, or another negotiated resolution. The best option depends on the offense and whether the person qualifies. Protecting the record should be discussed early because the choices made at the beginning of the case can affect future expunction or nondisclosure options.
Answer: Yes, a property crime conviction can create serious problems on background checks. Theft, burglary, fraud, vandalism, and related charges may raise concerns for employers, landlords, schools, licensing boards, and jobs that involve money, trust, security, driving, or access to property. Even a misdemeanor can cause long-term damage if it results in a permanent record. That is why the defense should focus not only on the immediate court result, but also on protecting your future opportunities.
Answer: The cost depends on the specific charge, whether the case is a misdemeanor or felony, the amount of evidence involved, and whether the case can be resolved early or must be prepared for trial. A simple misdemeanor theft case will usually require a different level of work than a felony burglary, robbery, arson, or unauthorized vehicle use case. We offer a free initial consultation, so you can discuss the facts, understand your options, and get a clearer idea of what representation may involve.
