San Antonio Theft of Metals Criminal Defense Attorney

In the state of Texas, theft is defined as the unlawful appropriation of property with the intent to deprive the owner of said property. This can be done through deception, threat, or other means.

Pursuant to Texas Penal Code 31.03(e)(4)(F), the offense of theft becomes a state jail felony if the value of the stolen property is less than $20,000 and the property stolen is aluminum, bronze, copper, or brass. A state jail felony is a serious crime that carries a punishment of 180 days to 2 years in state jail and a fine of up to $10,000.

Typical scenarios in which these items might be stolen include metal theft from construction sites, theft of copper wire from utility poles, and the theft of metal pipes or fixtures from residential or commercial properties. These items are often targeted due to their high resale value and ease of transport.

It is important to note that a person can be charged with theft even if they did not physically take the property themselves. If a person assists in the theft or encourages it in any way, they can be charged as an accomplice.

If you have been charged with theft of metals in San Antonio or south Texas, it is important to seek the guidance of a qualified criminal defense attorney. An attorney can help you understand the charges against you and advise you on the best course of action to take in your case. Attorney Brad Thornton is one of the best theft of metal attorneys in San Antonio.

FORMER PROSECUTOR

San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
Request a Free Consultation

Defenses to Theft of Metals

There are several defenses that may be raised in the event of a theft charge in the state of Texas. Some of the most common defenses include:

Lack of intent: In order to be convicted of theft, the prosecutor must be able to prove that the defendant had the intent to deprive the owner of their property. If the defendant can show that they did not have this intent, the theft charge may be dismissed.

Mistake of fact: If the defendant can show that they believed they had a right to the property in question, this may be a defense to theft. For example, if the defendant believed that the property belonged to them or that they had permission to take it, this may be a valid defense.

Lack of control: If the defendant can show that they did not have control over the stolen property, this may be a defense to theft. For example, if the defendant was the passenger in a car where the metals were contained when stopped by law enforcement, he could argue he did not have the necessary control over the property to lead to criminal charges.

Alibi: If the defendant can provide evidence that they were somewhere else at the time of the theft, this may serve as a defense to the charge.

It is important to note that the burden of proof lies with the prosecutor in a criminal case. The defendant is not required to prove their innocence, but rather the prosecutor must prove their guilt beyond a reasonable doubt.

If you have been charged with theft in Texas, it is important to seek the guidance of a qualified criminal defense attorney. An attorney can help you understand the charges against you and advise you on the best course of action to take in your case.

Punishment Ranges

Level of OffensePotential IncarcerationPotential Fine
First-degree Felony5 - 99 years in prisonUp to $10,000
Second-degree Felony2 - 20 years in prisonUp to $10,000
Third-degree Felony2 - 10 years in prisonUp to $10,000
State Jail Felony180 days - 2 years in jailUp to $10,000
Class A MisdemeanorUp to 1 year in jailUp to $4,000
Class B MisdemeanorUp to 180 days in jailUp to $2,000

Attorney Brad Thornton

If you have been charged with theft in Texas, it is important to seek the guidance of a qualified criminal defense attorney as soon as possible. A criminal defense attorney can help you understand the charges against you and advise you on the best course of action to take in your case.

One highly qualified criminal defense attorney you may want to consider is Brad Thornton. Thornton is a board-certified criminal defense attorney who has extensive experience in the field. He was formerly a chief prosecutor, giving him unique insight into the criminal justice system and how cases are tried from the prosecution’s perspective.

Thornton offers a free consultation to anyone charged with theft in Texas. During this consultation, he will review the details of your case and advise you on your options. He will also provide you with an honest assessment of your chances of success and help you understand the potential consequences of your case.

If you decide to retain Thornton’s services, he will work tirelessly to defend your rights and protect your best interests. He has a proven track record of success in the courtroom and will do everything in his power to help you obtain a favorable outcome in your case.

If you have been charged with theft in Texas, do not hesitate to contact Brad Thornton, a top theft of metal criminal defense attorney in San Antonio, for a free consultation.

Skip to toolbar