4097401111

Zendeh Del & Associates, PLLC


Zendeh Del & Associates, PLLC is a Galveston, Texas based law firm. We provide clients representation in criminal defense, family law, and personal injury cases.
*Principal Office in Galveston, TX*

409.740.1111
409.515.5007

Arrested?

Arrested? Contact the experienced criminal lawyers at Zendeh Del & Associates, PLLC

Family Matters?

Family Matters? Contact the experienced family lawyers at Zendeh Del & Associates, PLLC

Injured?

Injured? Contact the experienced personal injury lawyers at Zendeh Del & Associates, PLLC

CASE RESULT - State of Texas vs. E.E. - Client Charged with Theft - CASE DISMISSED

Client E.E. was charged with theft in Galveston County, Texas.  E.E. came to Zendeh Del & Associates, PLLC seeking representation the theft case.  E.E. was alleged to have stolen certain good(s) ​from a popular retail store.  Through Zendeh Del & Associates, PLLC's diligent representation, the case was dismissed.

If you have been charged with theft in Galveston County, Texas, know your rights.  Call the experienced theft criminal defense lawyers of Galveston County, Texas today.  Zendeh Del & Associates, PLLC - (409) 740-1111.

§ 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner

of property.

(b) Appropriation of property is unlawful if:

(1) it is without the owner's effective consent;

(2) the property is stolen and the actor appropriates

the property knowing it was stolen by another; or

(3) property in the custody of any law enforcement

agency was explicitly represented by any law enforcement agent to

the actor as being stolen and the actor appropriates the property

believing it was stolen by another.

(c) For purposes of Subsection (b):

(1) evidence that the actor has previously

participated in recent transactions other than, but similar to,

that which the prosecution is based is admissible for the purpose of

showing knowledge or intent and the issues of knowledge or intent

are raised by the actor's plea of not guilty;

(2) the testimony of an accomplice shall be

corroborated by proof that tends to connect the actor to the crime,

but the actor's knowledge or intent may be established by the

uncorroborated testimony of the accomplice;

(3) an actor engaged in the business of buying and

selling used or secondhand personal property, or lending money on

the security of personal property deposited with the actor, is

presumed to know upon receipt by the actor of stolen property (other

than a motor vehicle subject to Chapter 501, Transportation Code)

that the property has been previously stolen from another if the

actor pays for or loans against the property $25 or more (or

consideration of equivalent value) and the actor knowingly or

recklessly:

(A) fails to record the name, address, and

physical description or identification number of the seller or

pledgor;

(B) fails to record a complete description of the

property, including the serial number, if reasonably available, or

other identifying characteristics; or

(C) fails to obtain a signed warranty from the

seller or pledgor that the seller or pledgor has the right to

possess the property. It is the express intent of this provision

that the presumption arises unless the actor complies with each of

the numbered requirements;

(4) for the purposes of Subdivision (3)(A),

"identification number" means driver's license number, military

identification number, identification certificate, or other

official number capable of identifying an individual;

(5) stolen property does not lose its character as

stolen when recovered by any law enforcement agency;

(6) an actor engaged in the business of obtaining

abandoned or wrecked motor vehicles or parts of an abandoned or

wrecked motor vehicle for resale, disposal, scrap, repair,

rebuilding, demolition, or other form of salvage is presumed to

know on receipt by the actor of stolen property that the property

has been previously stolen from another if the actor knowingly or

recklessly:

(A) fails to maintain an accurate and legible

inventory of each motor vehicle component part purchased by or

delivered to the actor, including the date of purchase or delivery,

the name, age, address, sex, and driver's license number of the

seller or person making the delivery, the license plate number of

the motor vehicle in which the part was delivered, a complete

description of the part, and the vehicle identification number of

the motor vehicle from which the part was removed, or in lieu of

maintaining an inventory, fails to record the name and certificate

of inventory number of the person who dismantled the motor vehicle

from which the part was obtained;

(B) fails on receipt of a motor vehicle to obtain

a certificate of authority, sales receipt, or transfer document as

required by Chapter 683, Transportation Code, or a certificate of

title showing that the motor vehicle is not subject to a lien or

that all recorded liens on the motor vehicle have been released; or

(C) fails on receipt of a motor vehicle to

immediately remove an unexpired license plate from the motor

vehicle, to keep the plate in a secure and locked place, or to

maintain an inventory, on forms provided by the Texas Department of

Transportation, of license plates kept under this paragraph,

including for each plate or set of plates the license plate number

and the make, motor number, and vehicle identification number of

the motor vehicle from which the plate was removed;

(7) an actor who purchases or receives a used or

secondhand motor vehicle is presumed to know on receipt by the actor

of the motor vehicle that the motor vehicle has been previously

stolen from another if the actor knowingly or recklessly:

(A) fails to report to the Texas Department of

Transportation the failure of the person who sold or delivered the

motor vehicle to the actor to deliver to the actor a properly

executed certificate of title to the motor vehicle at the time the

motor vehicle was delivered; or

(B) fails to file with the county tax

assessor-collector of the county in which the actor received the

motor vehicle, not later than the 20th day after the date the actor

received the motor vehicle, the registration license receipt and

certificate of title or evidence of title delivered to the actor in

accordance with Subchapter D, Chapter 520, Transportation Code, at

the time the motor vehicle was delivered;

(8) an actor who purchases or receives from any source

other than a licensed retailer or distributor of pesticides a

restricted-use pesticide or a state-limited-use pesticide or a

compound, mixture, or preparation containing a restricted-use or

state-limited-use pesticide is presumed to know on receipt by the

actor of the pesticide or compound, mixture, or preparation that

the pesticide or compound, mixture, or preparation has been

previously stolen from another if the actor:

(A) fails to record the name, address, and

physical description of the seller or pledgor;

(B) fails to record a complete description of the

amount and type of pesticide or compound, mixture, or preparation

purchased or received; and

(C) fails to obtain a signed warranty from the

seller or pledgor that the seller or pledgor has the right to

possess the property; and

(9) an actor who is subject to Section 409, Packers and

Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from

a commission merchant by representing that the actor will make

prompt payment is presumed to have induced the commission

merchant's consent by deception if the actor fails to make full

payment in accordance with Section 409, Packers and Stockyards Act

(7 U.S.C. Section 228b).

(d) It is not a defense to prosecution under this section

that:

(1) the offense occurred as a result of a deception or

strategy on the part of a law enforcement agency, including the use

of an undercover operative or peace officer;

(2) the actor was provided by a law enforcement agency

with a facility in which to commit the offense or an opportunity to

engage in conduct constituting the offense; or

(3) the actor was solicited to commit the offense by a

peace officer, and the solicitation was of a type that would

encourage a person predisposed to commit the offense to actually

commit the offense, but would not encourage a person not

predisposed to commit the offense to actually commit the offense.

(e) Except as provided by Subsection (f), an offense under

this section is:

(1) a Class C misdemeanor if the value of the property

stolen is less than:

(A) $50; or

(B) $20 and the defendant obtained the property

by issuing or passing a check or similar sight order in a manner

described by Section 31.06;

(2) a Class B misdemeanor if:

(A) the value of the property stolen is:

(i) $50 or more but less than $500; or

(ii) $20 or more but less than $500 and the

defendant obtained the property by issuing or passing a check or

similar sight order in a manner described by Section 31.06; or

(B) the value of the property stolen is less

than:

(i) $50 and the defendant has previously

been convicted of any grade of theft; or

(ii) $20, the defendant has previously been

convicted of any grade of theft, and the defendant obtained the

property by issuing or passing a check or similar sight order in a

manner described by Section 31.06;

(3) a Class A misdemeanor if the value of the property

stolen is $500 or more but less than $1,500;

(4) a state jail felony if:

(A) the value of the property stolen is $1,500 or

more but less than $20,000, or the property is less than 10 head of

cattle, horses, or exotic livestock or exotic fowl as defined by

Section 142.001, Agriculture Code, or any part thereof under the

value of $20,000, or less than 100 head of sheep, swine, or goats or

any part thereof under the value of $20,000;

(B) regardless of value, the property is stolen

from the person of another or from a human corpse or grave;

(C) the property stolen is a firearm, as defined

by Section 46.01;

(D) the value of the property stolen is less than

$1,500 and the defendant has been previously convicted two or more

times of any grade of theft; or

(E) the property stolen is an official ballot or

official carrier envelope for an election;

(5) a felony of the third degree if the value of the

property stolen is $20,000 or more but less than $100,000, or the

property is:

(A) 10 or more head of cattle, horses, or exotic

livestock or exotic fowl as defined by Section 142.001, Agriculture

Code, stolen during a single transaction and having an aggregate

value of less than $100,000; or

(B) 100 or more head of sheep, swine, or goats

stolen during a single transaction and having an aggregate value of

less than $100,000;

(6) a felony of the second degree if the value of the

property stolen is $100,000 or more but less than $200,000; or

(7) a felony of the first degree if the value of the

property stolen is $200,000 or more.

(f) An offense described for purposes of punishment by

Subsections (e)(1)-(6) is increased to the next higher category of

offense if it is shown on the trial of the offense that:

(1) the actor was a public servant at the time of the

offense and the property appropriated came into the actor's

custody, possession, or control by virtue of his status as a public

servant;

(2) the actor was in a contractual relationship with

government at the time of the offense and the property appropriated

came into the actor's custody, possession, or control by virtue of

the contractual relationship; or

(3) the owner of the property appropriated was at the

time of the offense an elderly individual.

(g) For the purposes of Subsection (a), a person is the

owner of exotic livestock or exotic fowl as defined by Section

142.001, Agriculture Code, only if the person qualifies to claim

the animal under Section 142.0021, Agriculture Code, if the animal

is an estray.

(h) In this section:

(1) "Restricted-use pesticide" means a pesticide

classified as a restricted-use pesticide by the administrator of

the Environmental Protection Agency under 7 U.S.C. Section 136a, as

that law existed on January 1, 1995, and containing an active

ingredient listed in the federal regulations adopted under that law

(40 C.F.R. Section 152.175) and in effect on that date.

(2) "State-limited-use pesticide" means a pesticide

classified as a state-limited-use pesticide by the Department of

Agriculture under Section 76.003, Agriculture Code, as that section

existed on January 1, 1995, and containing an active ingredient

listed in the rules adopted under that section (4 TAC Section 7.24)

as that section existed on that date.

(i) For purposes of Subsection (c)(9), "livestock" and

"commission merchant" have the meanings assigned by Section

147.001, Agriculture Code.

(j) With the consent of the appropriate local county or

district attorney, the attorney general has concurrent

jurisdiction with that consenting local prosecutor to prosecute an

offense under this section that involves the state Medicaid

program.


Posted Fri, November 16, 2012 - 10:19:18