Property crimes range from criminal trespass — when someone is asked to leave a business or home and fails to do so — all the way to burglary and arson. Brian has handled thousands of property crime charges across Montgomery and Harris County. Many times these cases can be resolved through alternatives to traditional plea negotiations and jail time. Get Brian started on your case today and take back your life.
The Law
Criminal Trespass charges are Class B misdemeanors when the property trespassed upon is a vehicle, land, or a building. It becomes a Class A misdemeanor when the property is a habitation. Make sure your lawyer knows the legal definition of "habitation" in the Texas Penal Code so you don't end up facing the wrong — or a higher — charge.
Theft charges start as Class C tickets and can be enhanced all the way to a felony, and even further when the complainant is an elderly individual or a non-profit organization. Call Brian Foley now to find out what your punishment range could be.
Burglary comes in many forms and punishment ranges — of motor vehicles, buildings, and habitations — and the punishment can increase over time if a person has prior convictions. Prosecutors know this. Shouldn't your lawyer?
Arson is among the most serious property crimes and is one of the original common-law "malice" crimes, alongside murder. Many arson cases involve the burning of a vehicle, with the State alleging a motive of insurance fraud. Make sure your lawyer knows how to try both habitation arsons and vehicle arsons. If you live in a municipality with fewer than 100,000 people, there may even be a special defense available to you.
Theft Charges Enhance — and the Value Sets the Level
Theft charges enhance. That means if someone finds themselves on the wrong end of the courtroom more than once for theft, they could be facing increased punishment ranges. Avoiding both an initial conviction and a subsequent conviction is extremely important — it can be the difference between paying a fine and going to prison. In Texas, the level of a theft charge is set by the value of what was taken:
| Value of Property | Offense Level | Punishment Range | Maximum Fine |
|---|---|---|---|
| Less than $100 | Class C Misdemeanor | Fine only (no jail) | $500 |
| $100 – $750 | Class B Misdemeanor | 0 – 180 days county jail | $2,000 |
| $750 – $2,500 | Class A Misdemeanor | 0 – 1 year county jail | $4,000 |
| $2,500 – $30,000 | State Jail Felony | 180 days – 2 years state jail | $10,000 |
| $30,000 – $150,000 | 3rd Degree Felony | 2 – 10 years prison | $10,000 |
| $150,000 – $300,000 | 2nd Degree Felony | 2 – 20 years prison | $10,000 |
| $300,000 or more | 1st Degree Felony | 5 – 99 years or life | $10,000 |
| Less than $2,500 with two prior theft convictions | State Jail Felony | 180 days – 2 years state jail | $10,000 |
Speak With Brian Foley Today
If you are facing a property crime charge — theft, criminal trespass, burglary, or arson — in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.