Theft of Property 50-500 Attorney
Theft of property $50-$500 is called by a variety of names shoplifting, petty theft, and larceny. More often this offense originates in big box stores like Target, Walmart, and BestBuy. It also includes receiving stolen property and receiving stolen property from undercover law enforcement. The biggest complaint that I hear, from the resulting arrest and bonding procedure, is embarrassment. Although this cannot be changed, by working together, we can lessen the impact the effect this has.
Penal Code
Theft of Property 50-500 is an offense under section 31.03 of the Texas Penal Code. It is listed in 31.03(b) & (e) (2). It is a Class B misdemeanor and is punishable by up to 6 months in jail, a fine up to $2,000.00, or both.
Elements
At trial, the State has to prove:
- The defendant;
- Unlawfully appropriates;
- Property; and
- With the intent to deprive the owner of the property.
Unlawful Appropriation
In a theft 50-500 prosecution, the appropriation of property is unlawful if:
It is without the owner’s effective consent;
The property is stolen and the actor appropriates it knowing it was stolen from another; or
The property was represented by law enforcement to be stolen and the person receives it believing it was stolen.
Property Value
The value of the property allegedly stolen determines the level of offense. This can be proved in a number of ways. First, the value of the property can be shown with the fair market value of the property at the time and place of the offense. Second, in a theft 50-500 case, the value of the property can be shown with the cost of replacing the property within a reasonable time after the theft if the fair market value of the property cannot be ascertained.
When people ask me what I do, I always say I fight to keep mistakes from ruining the rest of your life. If you or are loved one have been arrested for a controlled substance offense, and would like to consult with an Fort Worth criminal defense attorney familiar with theft of property valued between $50 to $500, call 817-231-0023. The sooner you contact a defense attorney, the easier it will be to gather evidence, and develop a strategy to achieve the best outcome.
