Theft Offenses & The Texas Legal System

Understanding Texas Law & Theft Cases

The Texas Penal code statute includes almost all methods of stealing, transferring or possessing another person’s property without their consent.

The penal code states, a person commits theft when they appropriate property with intent to deprive the owner of the property without effective consent, knowing it was stolen or believing it was stolen.

There exist several industries or items that have been prone to theft and the theft statute addresses these areas and imposes requirements on persons who either deal or work with these items. These areas that are regulated by the penal theft code include persons, buying used cars, pawnshops, and restricted use pesticide.

If you’re facing criminal charges in connection with a theft offense in Brazoria County or Angleton, TX, don’t hesitate to contact Defense Lawyer Tad Nelson for legal representation.

Texas Law & Used Cars

The first requirements are imposed upon a person that purchases a used car. The penal code requires a person who buys a used car to take certain actions, and if you acquire a used car without taking these actions if the used car that you have purchased is reported stolen, then you will be held criminally liable. The penal code states a person who buys a used car without a title they should report to the Texas Department of Transportation and if the person does not take steps to report that they didn’t receive a title from the seller and or doesn’t file with the county tax assessor not later than the 20th day after the sale, the registration, license receipt and title or evidence of the title then that person is presumed to have known it was stolen.

Texas Laws & Pawn Shops

According to the penal code, a pawn shop must take certain action if they don’t take specific steps and they end up in possession of stolen property the criminal code presumes to have known it was stolen. The criminal code states that if a pawnshop or a loaner cash advance business pays for a loan more than $25 against an item and doesn’t record the name, address, description or identification of the seller and record a complete description of the property including the serial number and obtained a signed warranty of the right to possess the property then they are presumed to have known it was stolen.

The penal code on the restricted use pesticide.

Certain agricultural chemicals may be harmful, and they may be used to create powerful improvised explosive devices or be used to manufacture illegal substances. The penal code states if a person acquires a controlled use pesticide or one that has been limited by the states for use from a source other than a licensed retailer and they do not record the name, address and physical description of the seller or the amount and type of substance and or obtain a signed warranty of the right to possess the property, then they are presumed to have known it was stolen.

In Texas, theft is primarily graded by the number of losses incurred though there are other specifications which include theft of livestock, firearms, and metals.

Criminal Defense for Texas Murder Cases

In December 2015, Disaster Center compiled a report using data from FBI and other law enforcement agencies across United States. It was found out that Texas alone reported 1,316 murders, a 7.3% spike from the previous year’s 11,123 cases. These incidences, however, remained steady at 13,304 cases in 2016.

1/3rd of Texas Murders Are of African Decent

The worst affected racial group by homicide was African Americans, accounting for over a third of reported cases. Houston and Dallas were the cities most hit by the homicide wave followed by Fort Worth. San Antonio saw the fastest rise in murder cases. 67% of the murders were committed using guns while Knives and Cutting objects were weapons of choice in the 15% of total cases.

Texas Laws on Murder

Murder is knowingly doing an act that leads to loss of life of another person or causing the death of the person while attempting an act that was intended to inflict serious harm to the individual.

In other states and jurisdictions, intentional murder that attracts capital punishment is defined as First Degree Murder. In Texas, this form of murder is identified as Capital Murder. The defendant should meet the following requirements to be considered competent enough to stand conviction;

The defendant should have knowingly or directly caused the death of the person in question.

He/she should have forethought to injure and perpetrate an act considered to be life threatening and the action was the eventual cause of the individual’s death.

He/she should have tried to execute a felony (Besides the manslaughter) and in executing the felony, did an act that led to the killing of the individual in the question.

One of the following should be met for the offense to be considered as a Capital Murder and not merely Murder.

  • If the killed individual was a police officer or fireman on duty when the offense took place.
  • If the defendant hired or was hired by a third party to commit murder.
  • If murder was committed while the defendant was trying to escape from police custody or prison.
  • In case the defendant killed the victim and another one person or more.
  • If the defendant killed a child not older than six years.
  • If the defendant retaliates by killing a person related to or in connection to a member of the judicial team.

Capital murder attracts a life sentence in prison without parole under Texan federal law. In case of murder resulting to first degree felony, a prison sentence of over 5 years and less than 99 years is recommended with a fine not more than $10,000.

Manslaughter is a second degree felony under Texan federal law. It refers to carelessly causing the death of another person. It brings between 2 and 20 years imprisonment with it.

Criminally negligent murder results when an individual causes the death of another person by disregarding standard operating procedures or code for a sane person in a given environment. The punishment involves a sentence between 180 days to2 years in prison.

The homicide section on Bennett & Bennett’s website is very thorough when it comes to explaining the various caveats for the different types of murder offenses.

Criminal Defense

Criminal defense refers arguments and strategies the defendant employs to counter the accuracy of evidence presented by the prosecution.

Due to complex Texas laws concerning murder and capital murder offenses, the defendant requires a capital murder attorney. There are, however, two choices for the defendant in establishing a defense. The defender can simply insist that the murder was justified or declare his/her innocence. The defendant can also argue the murder took place while he/she was acting on self defiance. Sufficient evidence must however, be produced to support the claim.

The prosecutor’s job in the murder case is to prove the suspect’s guilt and prescribe the harshest punishment possible. The defendant will be considered innocent until the prosecutor clears the burden of proof. The prosecution panel must therefore prove murder was premeditated, deliberate and willfully committed by the defendant.

When can a defiant challenge presented witness

  • Accidental Murder- The killing took place while performing a lawful activity.
  • Insanity- If a psychiatric report proves the defendant has mental instability.
  • Exercise of duty- Incase the defendant was a law enforcement officer and carried the killing under the law.
  • Self Defense- Incase the defendant’s own life was under threat necessitating protection.
  • Mistaken Identity- If the defendant is being wrongfully indicted as the main suspect.

Criminal Defense for Texas Murder Cases

When Drunk Driving or DWI Leads To A Killing

Killing someone while driving drunk means the severe penalties if convicted. If you are accused of killing someone as a result of driving under the influence of alcohol, a crime that’s also referred to a INTOXICATION MANSLAUGHTER, you’ll need to quickly come to grips with the situation, and retain an experienced Houston DWI lawyer prior to appearing in court.

Drunk Driving & Death

A homicide that occurred a result of Driving While Intoxicated will come with prison time if the defendant is found guilty. Needless to say, no one wants to serve any prison time. Of course, it depends on the state you reside and whether it is your first offense or not. A DWI resulting in the unfortunate killing of someone is handled by each state in a different way. Some states consider it a manslaughter charge, while on the other hand it is given a murder charge of the second or third degree in other states.

Find The Best DWI Attorney

If you have a good DWI attorney on your side, you’ll be able to mitigate the worse, but there may still be a price to pay. If it is your first offense, in some state, a reckless endangerment is faced or a charge of vehicular homicide is levied. Apart from these, you also face DWI charges as well as vehicular manslaughter, manslaughter or murder charge.

DWI or DUI, and killing someone, are a lethal legal combination. As stated previously, charges vary with each state. In some states, you may be sentenced to a lifetime in jail for intoxication manslaughter, or in instances we’ve seen convicts get sentenced to a little more than a year and get fines of $1000 at least. In fact, the license of the driver may also get suspended. You are expected to go to rehab as community service or through probation. However, seeking legal help is best on causing death while you have driven drunk.

A Few Tips To Consider

  • Stop your car. In case you have hit someone also, it is a crime to leave without giving insurance and contact information, so do not try to run leaving the scene. Ensure to put emergency blinkers on and come out of your car to investigate the details of the accident.
  • Call the police to give statements so that you are not accused later for not giving information.
  • Remain at the accident scene, exchange information with police and the other party, if possible.
  • Do not try to hide or throw away evidences it there is anything related to the accident.
  • Write down the phone numbers and names of a few witnesses
  • Cooperate with emergency responders and law enforcement.

At the accident scene, do not discuss anything with anyone about this accident. Be very careful about what you say. Do not say any details of the accident as you will be in a perplexed state of mind. Do not apologize even if you know it is your fault. Seek your attorney’s authorization before you speak to anyone. Discuss the case completely with your attorney and he/she will guide you.

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