Possession of stolen property is a criminal offense in the state of Texas. Although it is a passive theft offense in which the offender may not have been involved in the actual theft, the crime is prosecuted as such, like traditional theft offenses. If you purchased or took possession of a stolen item or items, you could be guilty of a crime.
If you’re looking for a skilled Houston theft offense lawyer to help you or a loved one fight back against criminal charges of possession of stolen property, call Attorney Brandon Strauss today at 713-586-9200.
The Strauss Law Firm provides free consultations, flexible payment options, and excellent legal representation. If you need help, call today.
Understanding Possession of Stolen Property Offenses
Potential Criminal Offenses
There are several ways that a person could commit the offense of possession of stolen property. The most common situation that leads to an arrest for possessing stolen property is theft and purchasing stolen goods.
A person can be charged and arrested for possession of stolen goods even if they didn’t know the property they were purchasing was stolen. Aside from instances that involve purchasing goods from pawnshops and other exceptions, prosecutors may argue that the offender should have known the goods were stolen based on the situation when they bought the goods.
If the goods were heavily discounted or lacked warranty, packaging, or a receipt which identifies the buyer and the seller, or you bought the goods from a street peddler, the court will take the position that the offender “should have known” the goods they were purchasing were stolen. Thus, they’ll be prosecuted for the crime and, if convicted, subject to penalties as prescribed by Title 7, Chapter 31 of the Texas Penal Code.
Criminal Penalties for Possessing Stolen Property
Criminal penalties for possession of stolen property in Texas are tied to the value of the item or items stolen in addition to any criminal history (especially those involving theft) of the accused party. Below, we’ve added a table to demonstrate how the value of the stolen goods will affect the punishment of a person adjudged as guilty of possessing stolen property.
| 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 |
Receipt and or Possession of Stolen Property is the act of keeping in possession goods that have been obtained by illegal means such as theft, robbery, fraud, embezzlement or extortion. If the person is unaware that the goods are stolen but upon discovery returns them to the actual owner no crime has been committed.
Accused of Possession Stolen Property in Houston?
Fight to Avoid Jail. Call The Strauss Law Firm Today!
If you need help learning more about your options to effectively manage and address a criminal case of possessing stolen property, call the Strauss Law Firm today. Led by Attorney Brandon Strauss, the law firm has extensive experience providing legal defense services to Houstonians charged with possession of stolen property and other theft crimes.
At the Strauss Law Firm, we provide our clients with stellar legal defense services, a wealth of courtroom experience, and flexible, affordable legal fees and payment plans. If you need the services of a skilled criminal justice lawyer in Houston, call Attorney Brandon Strauss today at 713-586-9200.
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