Legal Question in Criminal Law in Colorado

Re: theft

In Texas the penalty for theft depends upon the value of the property stolen. I will give you the penalties for the two ranges where most of the thefts of automobiles charged.

First, Section 31.03 of the Texas Penal Code defines theft as follows:

(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.

The Penalty is as follows:

a state jail felony if:

(A) the value of the property stolen is $1,500 or more but less than $20,000;

(B) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000.

�12.34. Third degree felony punishment.

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment an individual adjudged guilty of a felony of the

third degree may be punished by a fine not to exceed $10,000.

�12.35. State jail felony punishment.

(a) an individual adjudged guilty of a

state jail felony shall be punished by confinement in a state jail for any term of not

more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

In other words, both penalties carry the same fine in addition to time spent in prsion or a State Jail. The third degree felony is between the minimum of two years to 10 years and the state Jail is between 180 days (6 months)up to two years. Of course you understand that most first offenders are not going to recieve such a harsh punishment. Most of them will receive either deferred adjudication or what is commonly referred to as straight probation. Additionally, the punishment I have given you is strictly under the fact scenario you gave me to begin with. If you change the facts, ie, a gun was used, the charges and punishments change.

Re: theft

The range for a 4th class felony is normally 2 to 6 years. This max can be doubled to 12 years if the crime is aggravated. If you have no priors your atty can work to get you little or no prison time. But you need an attorney. Get one (not me).