Theft / Burgalry is committed when an individual unlawfully takes another person’s property. Theft can be committed through intentional acts, bad checks, or failing to return property.

Contact the Law Offices of Owsley and Associates for a free intitial consultation if you have been charged with theft or burglary in the State of Texas.

Texas Penal Code for Theft

§ 31.03. THEFT.

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

Texas Penal Code for Burglary

§ 30.02. BURGLARY.

(a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

(b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body.

(c) Except as provided in Subsection (d), an offense under this section is a: (1) state jail felony if committed in a building other than a habitation; or (2) felony of the second degree if committed in a habitation.

(d) An offense under this section is a felony of the first degree if: (1) the premises are a habitation; and (2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.

Houston Texas Criminal Defense Lawyer for Theft and Burglary Cases | The Law Firm of Owsley & Associates