Property Crimes

The crime rate in Houston is amongst the highest in the country. In fact, only 4% of U.S. cities have a higher crime rate and property crimes are the most common.

Under Texas law a property crime is the act of stealing, damaging, or destroying another person’s real or intangible property. Burglary, theft, fraud, criminal trespass, and possession of stolen goods all fall under property crimes.

Property crimes can either be misdemeanors of felonies. Fines and penalties usually depend on the monetary amount and the nature of the crime. They will be significantly higher if a crime against a person (for example an assault) was committed at the same time.

Different Types of Property Crimes

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Burglary:

• Entering a building with the intent to commit a crime. Texas penal code chapter 30

Theft:

• Unlawfully appropriating property with the intent to deprive the owner of that property. Texas penal code chapter 31. This includes theft of service, theft of trade secret, theft by check, unauthorized use of a vehicle, embezzlement, and others.

Fraud:

• Obtaining something of value through deception. Texas penal code chapter 32. This includes forgery, criminal simulation (such as creating fake antiques), trademark counterfeiting, stealing or receiving a stolen check,credit or debit card abuse, and others.

Criminal trespass:

• Entering the property of another, knowing that entry was forbidden. Texas penal code chapter 30

Possession of stolen goods:

• What is colloquially known as possession of stolen goods has been consolidated under theft in the Texas penal code (Texas penal code 31.02),with the same penalties as theft. The elements are that the property must have been received, it must have been previously stolen, and the person receiving the property must know (or should reasonably have known) that the property was stolen with the intent to deprive the owner of the property. Texas penal code section 31.03.

Penalties

There are several factors that play a role in determining the penalties for a property crime.

For theft, this is mostly the value of the stolen good. If the value is less than $100, it is a Class C misdemeanor, but theft of anything over $200,000 is a 1st degree felony. It can also depend on the type of good that was stolen. For example,theft of a state issued ID is a Class B misdemeanor.

The penalties for burglary vary depending on the type of building involved. For example, burglary of a building which is not a home is a state jail felony a burglary of a home with the intent to commit a crime other than theft is a first degree felony.

Criminal trespass is generally considered a misdemeanor. Penalties for fraud vary with the type of fraud and the value of the property or service that was subject of the fraud.

For many property crimes, the potential penalties increase for a second or subsequent offense.