It is important to understand the defenses for grand theft auto in Texas, as the penalties are harsh.
The criminal offense of grand auto theft is not listed in the Texas Penal Code. Instead, this crime is covered under the general theft laws in The Lone Star State. Theft crimes in the state are classified as either petty theft and grand theft. The classification applied to any theft crime will depend on the value of the goods stolen.
In most cases, petty theft is charged as a misdemeanor punishable by up to one year in jail. Grand theft, on the other hand, carries penalties of one year or more in state prison for those convicted. Due to the value of automobiles, the theft of vehicles is typically classified as grand theft.
What Must the Prosecution Prove to Secure a Conviction?
Facing charges of grand theft auto is a scary ordeal. Fortunately, being charged does not automatically result in a conviction. The prosecution must prove several elements of a case in order to obtain a conviction. These include:
- A vehicle was taken by someone who was not the owner of it
- The defendant did not have consent from the owner of the vehicle to take it
- The defendant had the intent to permanently keep the vehicle and deprive the owner of it
If the prosecution can prove the above elements successfully, they may secure a conviction. Consequently, defendants will face some of the most serious penalties.
Penalties for Grand Theft in Texas
The penalties for grand theft in Texas vary depending on the specific facts of a case. The possible penalties range from a minor fine of $500 to life in prison. After auto theft, the penalties are typically between 180 days to ten years in jail, a maximum fine of $10,000, or both. Charges can be upgraded to a felony if a defendant has two or more previous theft convictions on their criminal record.
Defenses to Grand Theft in Texas
There are two main defenses to grand theft in Texas. The first is that the defendant did not have the intention to permanently keep the property and therefore, they did not steal it. Even if someone took another person’s vehicle, they may only face joyriding charges, which are much less serious, if they intended to return the car. The second defense available is that the owner of the property consented to the defendant taking it. When the owner of a vehicle allows someone to take their vehicle, they are simply borrowing it, and no crime has occurred.
Our Criminal Defense Lawyers in Austin Can Defend Your Case
At Granger and Mueller, P.C., our Austin criminal defense lawyers know the defenses available and how to use them to help you retain your freedom. Call us today at (512) 474-9999 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.