Having prior theft convictions can elevate the seriousness of a misdemeanor theft charge in Texas to a higher-level misdemeanor or even a felony if the defendant has a previous theft conviction on their record. Facing a theft charge can be particularly intimidating if you have a prior conviction for theft. The state takes repeat offenses seriously and may prosecute aggressively even if you have a limited criminal history.
If you’re facing theft charges, you are not alone. An experienced criminal defense lawyer from the Law Office of Mike Howard can discuss your situation during a confidential consultation. Contact us to learn more.
Why You Need an Experienced Criminal Defense Lawyer If You’re Facing Theft Charges with a Prior Conviction
When you have a previous criminal history, it can be difficult for you to be treated fairly by the criminal justice system. Police and prosecutors look very differently at someone who’s never been in trouble before and someone with a past, especially for the same crime. An experienced lawyer can help protect your rights throughout the legal process and fight to show you in a different light, prioritizing your needs and fighting to ensure that you are treated fairly.
The criminal defense lawyers of the Law Office of Mike Howard have over 20 years of criminal experience. During that time, we have developed an in-depth understanding of the Texas legal system, including intimate knowledge of how the local courts operate and the rules of evidence and criminal procedure.
Our criminal defense attorneys can fight to protect your rights, ensuring that the prosecution does not wrongfully use prior convictions against you that are not relevant or that do not provide a basis for a sentence enhancement. Sometimes, prior convictions are not legally admissible, and our lawyers can carefully review the circumstances surrounding any previous convictions to see if there are legal grounds to challenge the admissibility of certain convictions. Our attorneys have successfully secured over 120 case dismissals since 2020, so if that’s an option for you, we will work tirelessly to fight for it.
With decades of experience, our Texas criminal defense lawyers know that every case is unique. We can build a solid defense based on the evidence, unique circumstances, and your criminal record that highlights the strength of your case and minimizes the weaknesses. Our ultimate goal is to achieve the most favorable outcome for you, whether that means a dismissal, a plea agreement, an acquittal after trial, or a reduced sentence.
In some situations, it may be possible for an experienced criminal defense lawyer to reduce charges, such as arguing to downgrade a felony to a misdemeanor or secure alternative sentencing options. We can provide more details on how we can assist you during your initial case review.
Theft Enhancement Laws in Texas
Texas’s theft enhancement laws allow prosecutors to use prior convictions to seek harsher penalties, which can result in increased jail time and fines. For example, what may be a Class C misdemeanor for a person who has never been convicted before can be a Class B misdemeanor, carrying the possibility of jail time.
How Your Charge Can Be Enhanced with Prior Convictions
Here are some examples of how your criminal charges can be elevated based on previous convictions:
Class C Misdemeanor to Class B Misdemeanor
Typically, if the value of the property stolen was less than $100, the crime is charged as a Class C misdemeanor. This offense is punishable by a fine of up to $500. However, if you have been previously convicted of theft, it can be charged as a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. This holds true even if both thefts involved relatively low-value property.
Similarly, if you’re charged with theft of or tampering with multichannel video or information services and have a previous conviction, this Class C misdemeanor is enhanced to a Class B misdemeanor.
Class A Misdemeanor to State Jail Felony
Typically, a theft crime would have to involve property of up to $30,000 in value for it to be considered a state jail felony. However, if the value of the property was less than $2,500, you could be charged with a state jail felony in Texas if you had at least two previous convictions for any grade of theft.
State jail felonies can result in harsh penalties, including a term of incarceration in a state jail facility for between 180 days and two years and a fine of up to $10,000. In contrast, a person without these convictions would probably only be charged with a Class A misdemeanor if the value of the property was less than $2,500, which carries half the maximum penalty of up to one year in jail and a fine of up to $5,000.
State Jail Felony to Third-Degree Felony
The Texas Penal Code allows the prosecution to charge a defendant with the charge of unauthorized possession of certain copper or brass material when they steal this material, which is typically classified as a state jail felony. However, if the defendant has been previously convicted of a crime involving theft of copper or brass, they can be charged with a third-degree felony.
If the defendant has been previously convicted of the unauthorized possession of a catalytic converter and is convicted of a new offense of this nature, the sentence can also be enhanced from a state jail felony to a third-degree felony. A third-degree felony is punishable by two to ten years in prison and a fine of up to $10,000.
Potential Defense Strategies Based on Previous Convictions of Theft
An experienced criminal defense lawyer can carefully review your case and determine viable defenses, such as:
- Filing motions to suppress evidence if that evidence was obtained illegally, such as without a warrant when one was necessary
- Challenging the admissibility of prior convictions if those convictions cannot be proven to be connected to you
- Fighting against the current charges to prevent you from being subject to harsher penalties for repeat offenses, which may include examining evidence, calling into question the stated value of the allegedly stolen items, and cross-examining witnesses
- Highlighting mitigating circumstances if you are sentenced
Your lawyer can also help negotiate a favorable plea deal, potentially securing the same type of charge and sentence you would have received without prior theft convictions. They can also explore the possibility of alternative sentencing options, such as probation or participation in a theft diversion program.
Contact Our Experienced Criminal Defense Attorneys for a Confidential Consultation
What might normally be considered a low-level misdemeanor theft offense in Texas can escalate into a higher-level offense or even a felony when you have a criminal history. This factor underscores the need to work with an experienced criminal defense attorney who understands how to challenge charge enhancements and negotiate for reduced charges.
When you’re already dealing with a stressful situation, you don’t need to be trying to navigate the complex legal system alone, especially when that’s a system that has already harmed you in the past. At the Law Office of Mike Howard, we focus on providing support and guidance to our clients while minimizing the long-term consequences of a conviction. Contact us today for a confidential case review.
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