Legal Question in Criminal Law in Texas

Hi, I'm doing research for a book I'm writing and I want the sentence to be as realistic as possible (I also hope this is the right area for this question). I have a character (based in Dallas) who embezzled a large amount of money (approx. $2 mill) from a community fund. He was scamming in helping to set up the fund only to rob it. Initially I gave him 5 years for the crime, even though no money was recovered--he claims it was stolen from him. I was told that was far below what decesion would trully be meted out. Could you give me some insight and possibly a range of possible outcomes for this individual? Thank you


Asked on 10/28/11, 11:06 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The range of punishment for theft type offenses is based upon the amount taken. If the amount stolen is greater than $100,000, the offense is a first degree felony which carries a range of punishment of 5 to 99 years in prison with a optional fine of up to $10,000. The court would require restitution of the funds stolen, even if the funds were subsequently stolen from the thief.

Texas has bifurcated criminal trials. After a defendant is found guilty, there is a separate trial on punishment. The defendant, can elect to have the judge sentence him or ask the jury to sentence him. As this would be the same jury that found him guilty and are not likely to have had any experience with sentencing while judges see will have had more exposure to sentencing, many lawyers will advise their clients to opt for sentencing by the judge.

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Answered on 10/29/11, 8:12 am


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