San Antonio Theft of Metals Defense Attorney

Under the Texas Penal Code, theft of metals is treated the same as other property crimes under the same Texas criminal statutes. The seriousness of the charges depends primarily on the value of the stolen metals.

Charges for Theft

The Texas legal system classifies theft charges in Texas according to the value of the property involved:

• Class C Misdemeanor – Property valued up to $100
• Class B Misdemeanor – Property valued between $100 and $750
• Class A Misdemeanor – Metals valued between $750 and $2,500
• State Jail Felony – Property valued between $2,500 and $30,000, or metals worth under $20,000
• Third-Degree Felony – Property valued between $30,000 and $150,000
• Second-Degree Felony – Property valued between $150,000 and $300,000
• First-Degree Felony – Property valued over $300,000

The punishment for theft in Texas depends on the severity of the charges. A conviction can result in severe penalties that impact every aspect of your life:

• Class C Misdemeanor – Fine up to $500, no jail time
• Class B Misdemeanor – Fine up to $2,000 and up to 180 days in jail
• Class A Misdemeanor – Fine up to $4,000 and up to one year in jail
• State Jail Felony – Fine up to $10,000 and between 180 days and two years in state jail
• Third-Degree Felony – Fine up to $10,000 and between two and ten years in prison
• Second-Degree Felony – Fine up to $10,000 and between two and twenty years in prison
• First-Degree Felony – Fine up to $10,000 and between five years and life imprisonment

As you can see, the penalties for theft offenses can be severe. If you’ve been charged with theft in Texas, it’s important to reach out to a capable defense law firm for help. Here at The Law Office of John G. Perez Jr., we offer free case evaluations to provide guidance on the right path forward in your case. From retail theft to burglary, you can count on our criminal defense attorney to help you reach a favorable outcome after criminal charges.

An experienced metal theft attorney in San Antonio can pursue several defense strategies that may lead to charge reduction or case dismissal. These strategies include:

Prove Someone Else Committed the Theft

If someone else committed the theft, your attorney can prove misidentification through the following tactics:

• The actual person bears a similar appearance to you, leading to misidentification.
• Inconsistent witness testimony affected the credibility of the accusation.
• The evidence used to connect you to the incident, like the fingerprints or video footage, was unreliable surveillance.

Challenge Insufficient Evidence

The prosecution must prove guilt beyond a reasonable doubt. Your lawyer can argue that physical evidence is lacking, witness accounts are unreliable, or surveillance footage fails to identify you as the perpetrator clearly.

Assert Violations of Your Constitutional Rights

Evidence that was obtained illegally cannot be used against you. If authorities conducted searches without proper warrants, failed to read your Miranda rights, or violated your right to a speedy trial, your attorney can move to refuse that evidence or dismiss the charges.

Demonstrate Return of Property

Your charges may be dropped if you voluntarily return stolen metals in good condition. Your attorney can prove that you mistakenly believed someone else’s property was yours or that you've made restitution to the owner.

Apply the Statute of Limitations

Texas law sets time limits for prosecuting theft crimes. This limit is typically two years for misdemeanors and three years for felonies. If the charges were filed beyond these deadlines, your case may be dismissed.

Pursue Diversion Programs

If you’re a first-time offender, you may qualify for pretrial diversion programs. These programs can include community service, restitution, and educational classes. When you complete these programs, your charges might be dismissed without a conviction on your record.