The Strauss Law Firm provides legal representation to individuals charged with all forms of theft offenses, including auto theft. Whether you stand charged with using a friend or loved one’s vehicle without their permission, carjacking, a VIN scam, operating a chop shop, or a form of insurance fraud, the Strauss Law Firm is prepared, ready, and willing to help you.
Since 2008 the Strauss Law Firm has provided outstanding legal defense services to individuals arrested or accused of a wide range of car & truck related theft offenses in Houston and throughout the state of Texas. Attorney Brandon Strauss has served as the attorney of record for thousands of defendants and has earned over 5000 case dismissals as a result of his dedication to his clients.
If you’re looking for a seasoned defense lawyer to represent you or a loved one on an auto theft case, contact Attorney Brandon Strauss today by calling 713-586-9200.
Auto Theft Offenses & Texas Law
A General Overview of the Offense
Per section 31.08 of Title 7 of the Texas Penal Code, auto theft is defined as “Unauthorized Use of a Vehicle.” This crime is classified as a State Jail Felony. State Jail Felony convictions carry a potential state jail sentence of six months to two years and a maximum fine of $10,000.00.
The statute applies to the unauthorized use of any type of motor vehicle, including boats, planes, cars, trucks, and any other type of motor propelled vehicle.
In the FBI’s Uniform Crime Reporting (UCR) Program, motor vehicle theft is defined as the theft or attempted theft of a motor vehicle. In the UCR Program, a motor vehicle is a self-propelled vehicle that runs on land surfaces and not on rails.
Examples of motor vehicles include sport utility vehicles, automobiles, trucks, buses, motorcycles, motor scooters, all-terrain vehicles, and snowmobiles. Motor vehicle theft does not include farm equipment, bulldozers, airplanes, construction equipment, or watercraft such as motorboats, sailboats, houseboats, or jet skis.
Enhanced Auto Theft Charges
Section 31.09 of Title 7 of the Texas Penal Code covers “Aggregation of Amounts Involved in Theft.” This statute covers what may be considered complex theft schemes.
The section reads as follows;
When amounts are obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.
Under this section, the normal theft criminal classification guidelines, which are based on value, will be used to determine the level of the offense and commensurate punitive consequences. The table below illustrates how the value of the property is used to determine the severity of the criminal classification of the offense.
| THEFT CLASSIFICATION | MONETARY VALUE |
SENTENCING | FINE |
|---|---|---|---|
| Class C Misdemeanor |
Less than $100.00 |
Non Jailable |
Up to $500.00 |
| Class B Misdemeanor |
$100 - $750.00 |
Up to 180 Days County |
Up to $2,000.00 |
| Class A Misdemeanor |
$750.00 - $2,500.00 |
Up to 1 Year County |
Up to $4,000.00 |
| State Jail Felony |
$2,500.00 - $30K |
180D - 2YR State Jail |
Up to $10,000.00 |
| State Jail Felony (2 Prior Convictions) |
Any Value |
180D - 2YR State Jail |
Up to $10,000.00 |
| Felony: 3rd Degree |
$30k - $150,000.00 |
2-10 Years TDCJ | Up to $10,000.00 |
| Felony: 2nd Degree |
$150K - $300K |
2-20 Years TDCJ | Up to $10,000.00 |
| Felony: 1st Degree |
Over $300,000.00 |
5-99 Years TDCJ | Up to $10,000.00 |
With section 31.08 and 31.09 in mind, the severity of the charges against the accused could be subjective, and, unfortunately, we know that a good prosecutor will seek the most severe charge.
A State Jail Felony criminal charge for “unauthorized use of a motor vehicle” could be enhanced all the way up to a Felony in the First Degree if the value of the motor-propelled vehicle is high enough or if the aggregated value of an ongoing car theft, auto export, or auto part scheme (chop shops) can be calculated. This could mean serious time for the convicted person, and an opportunity encumbering criminal record.
If you’re in a situation like this or know some who is, they’ll be best served with qualified legal counsel in their corner—the type of legal representation provided by the Strauss Law Firm.
Accused of Auto Theft in Houston?
Call Attorney Brandon Strauss. Get Help Today.
Attorney Brandon Michael Strauss has practice law in Texas since 2008. Since that time, he has amassed over 5000 thousand case dismissals and countless not guilty verdicts and no bills. If you were accused of any of the following crimes;
- Auto theft,
- Carjacking,
- Stolen auto exports (federal offense),
- Operating or participating in the operation of a chop shop,
- Unauthorized use of a motor vehicle,
- Altering a VIN,
- Buying or receiving a stolen vehicle or auto parts,
Attorney Brandon Michael Strauss will represent you and develop a legal strategy for your defense. Schedule your free consultation and case evaluation today. To get started, call the Strauss Law Firm now at 713-586-9200.
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