The Atascosa County Sheriff’s Office said they recently broke up a theft ring after stopping two men who allegedly stole a mower. Deputies arrested and charged them with theft of property over $30,000. Since the item in question had such a high value, it seems to imply the theft was more egregious than stealing something of lesser value. It begs the question what are the grades of theft?

Theft in Texas

The law defining “theft” in Texas is relatively simple. You commit theft when you unlawfully take property from its owner, or when you accept property knowing that it was stolen. The punishment for theft varies depending on the value of the item stolen, the item itself, your criminal history, and the victim. 

Misdemeanor Theft

• Theft of property valued at less than $100 is a Class C misdemeanor and could result in a $500 fine. 

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In the United States, the Second Amendment to the Constitution states that each citizen has the right to bear arms or to own guns. However, individual states are permitted to interpret that in nearly whatever way they see fit by creating and enforcing laws that govern the sale, distribution, use, and possession of firearms in the state. In Texas, you must have a permit to carry a handgun, either concealed or unconcealed. If you violate Texas firearm laws, you can expect to be charged with a crime depending on the circumstances surrounding your case.

Unlawful Carrying Weapons Charges

Under Texas law, a person who wishes to carry a firearm is required to have a valid permit to be in legal possession of the gun. In some cases, it is not legal for a person to be carrying a handgun. You can be charged with unlawful carrying of a weapon if you intentionally, knowingly, or recklessly carry a handgun and you are not on your own property, inside of your vehicle, or directly en route to your vehicle.

If you are charged with unlawful carrying of a weapon, you face a Class A misdemeanor. This means that an unlawful carrying of a weapon charge can come with up to one year in jail and up to $4,000 in fines.

In everyday conversation, the words “robbery,” “theft,” and “burglary” are often used to mean the same thing. However, in a legal setting, these words are not necessarily able to be used interchangeably. In most states, there are distinct differences between all three charges, as well as different punishments for committing each. If you have been charged with any of these crimes in Texas, you should understand exactly what that crime is.

Theft

There are various situations that can constitute a theft crime. In general, however, theft occurs when a person “unlawfully appropriates property” with the intent of depriving the owner of the property of the item’s use. Texas law states that property is unlawfully appropriated when:

• It occurs without the owner’s consent.
• The property is stolen and the perpetrator knows that such property is stolen, but still appropriates it.
• The property is in the custody of law enforcement under suspicion it has been stolen and the perpetrator appropriates the property.

The value of the stolen property is usually one of the biggest factors in determining a sentence for a theft conviction, but it is not the only factor. For example, a person can be charged with a Class C misdemeanor if the value of the stolen items was less than $100, which carries a fine of up to $500. However, a person can also be charged up to a first-degree felony if the value of the stolen items was $300,000 or more. This means a person could face between five and 99 years in prison and up to $10,000 in fines.

Arguably, the worst sentence that a person can receive for being convicted of a crime is execution. Execution, also called capital punishment, is a hotly debated topic. Many people believe that we should not have the authority to decide whether a person lives or dies. Others believe that execution is the only appropriate punishment for crimes such as murdering another human. Texas is notorious for its attitudes and actions surrounding the execution of prisoners. Recently, the state made headlines when it executed its first prisoner in nearly a year, only the third execution since the COVID-19 pandemic began.

Man Is Executed by Lethal Injection

The state of Texas added another inmate Wednesday to its extensive list of executions performed since 1976. The 41-year-old man was executed by lethal injection at the Texas State Penitentiary at Huntsville after spending more than two decades in prison. He was convicted of murdering his 83-year-old aunt in her home in 1999 after he demanded that she lend him money and she refused. The man was also convicted of stealing property from his aunt’s home at the same time as the murder. He was 20 years old at the time of the offense.

Texas Sentences Resulting in the Death Penalty

In Texas, the death penalty can only be imposed if the person is convicted of a capital felony, the most serious classification of felonies in Texas. Capital felonies do not automatically come with a death sentence. A capital felony can also result in a life sentence without parole, but the prosecution can seek the death penalty if they feel it is necessary. Only the most heinous crimes are charged as capital felonies. Murder of a police officer, murdering for money or paying someone to murder another person, murdering a child, and murdering a person during the commission of another felony - like burglary - are all charged as capital felonies in Texas.

In most cases, the lives of those who are convicted of murder are essentially over. A lifetime in prison with or without the possibility of parole is a common sentence for those who have been convicted of murder. In Texas, the death penalty is still a possiblity for those convicted of the most serious crimes, such as murder. In fact, the state of Texas holds the record for the most people executed since 1976. According to the Death Penalty Information Center, Texas has executed a total of 570 prisoners since 1976, as of March 2021. Even though a death sentence is a possible penalty for murder, there are several types of murder that you could be charged with in Texas; the specific crime you are charged with will determine what type of sentence you face.

Murder

According to Texas law, a person commits murder if they:

• Intentionally and knowingly cause the death of a person
• Intend to cause serious bodily harm to a person by committing an act that dangerous to human life and results in that person’s death
• Commit or attempt to commit a felony during the course of which they commit an act that is dangerous to human life and results in a person’s death

Murder is charged as a first-degree felony, which carries a possibility of a minimum of five years in prison or up to life in prison. If the person committed the murder under “sudden passion,” meaning they committed the act in response to an action from the victim, they can be charged with a second-degree felony, which carries a possible sentence of a minimum of two years to a maximum of 20 years in prison. Both charges carry the possibility of up to $10,000 in fines.