Differentiating Between Theft and Robbery

The crimes of theft and robbery are commonly lumped together by most people, since they both involve the unlawful taking of someone else’s property.
Theft simply involves taking something from someone else with the intent to permanently deprive them of it. Embezzlement is a form of theft in which an employee diverts money intended for his employer or other employees for his or her own use. Likewise, fraud is also a form of theft, involving using trickery to permanently deprive someone of his or her property.
Robbery requires both theft and a form of violence or threat of violence used to deprive someone of their property. The most common example of a robbery is a convenience store holdup, in which a robber threatens to shoot a cashier unless the cashier hands over the loot. A person commits robbery if in the course of committing theft and with intent to obtain or maintain control of the property, he intentionally, knowingly, or recklessly causes fear of, or actual bodily injury to another. It is a more severe form of theft because the offender knowingly puts the victim in danger. Employing a weapon as a means of intimidation elevates the crime to aggravated robbery, which is considered a first-degree felony and carries a minimum five-year prison sentence.
An armed robbery charge is one of the most serious charges an individual can face and may be filed in conjunction with illegal possession and/or assault with a deadly weapon charges.
Robbery typically refers to the act of taking property away from another person by the use of force or the threat of force. The average prison sentence for robbery is significantly longer than that for burglary because of the comparative risk and trauma to the victims.
Charges of theft or armed robbery should always be taken seriously since the consequences of a conviction are so severe. Long term loss of freedom, permanent criminal record, and probation are just a few of the many penalties associated with theft and armed robbery charges. Because of the often violent nature of such crimes, prosecutors are notoriously aggressive in their attempts to secure convictions in theft or armed robbery cases.

If you have been accused of a crime, please contact us today for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case. Visit robbery-attorney.com or call (713) 224.3967 for more information.

Theft : Definitions & Ramifications

 A person commits theft under Texas law if the person “unlawfully appropriates property with intent to deprive the owner of property.” (Tex. Pen. Code Ann. § 31.03.)
The criminal offense of theft is comprised of three elements: the item involved must have value, there must be intent by the defendant to appropriate the item, and the item must have been appropriated without the consent of the owner.
Like the majority of states, Texas classifies its theft offenses according to the value of the stolen property or services, and in some instances by the type of property that is taken. Theft and larceny encompass a wide range of criminal activity such as shoplifting, the actual theft that takes place during a burglary or robbery, or virtually any non-consensual taking of property from another person or business. Writing bad checks and certain types of fraud may also fall under the classification of theft.
Because the crimes in question are so varied the possible sentences vary widely as well. The average sentence for larceny and theft in the criminal system is just over two and a half years - almost exactly the same as the average sentence for burglary. The average sentences in state courts are somewhat lower.
The largest disparity occurs in the area of motor vehicle theft, where state court sentences average 18 months and federal court sentences nearly 11 years.There are many property crimes that involve the destruction of property rather than theft or intrusion, with arson being considered the most serious of them in most jurisdictions.

The ranges of punishment for any theft allegation are based on the amount of loss or intended loss. For instance, shoplifting of less than $50 is a Class C Misdemeanor punishable by fine only. There is then a "Theft Ladder" that ratchets up to felonies as the amount of loss increases. Often, in these cases, the way the government calculates the amount of loss is a matter of contention.
If a person has one prior conviction for any level of theft, any theft that the person later commits in Texas, involving property or services valued at less than $50, will become a Class B misdemeanor rather than a Class C misdemeanor.
If a person has two or more prior convictions for any level of theft, any theft that the person later commits in Texas, involving property or services valued at less than $1,500, will become a state jail felony rather than a Class B or Class A misdemeanor.
In addition to criminal penalties, a person who commits theft (including shoplifting) in the state of Texas may be civilly liable to the theft victim under the Texas Theft Liability Act. The theft victim (i.e. the store owner in a shoplifting case) may recover a monetary award that includes actual damages caused by the theft (such as the retail value of the item if not returned in sellable condition), and a civil penalty of no more than $1,000.
The parent or legal guardian of a minor who commits theft also may be civilly liable under the Texas Theft Liability Act, but monetary recovery is limited to the actual damages caused by the theft, with a cap of $5,000, and no civil penalty is available.

An experienced Criminal Defense attorney is necessary to investigate, evaluate and use the existing Law to mitigate or in some cases, eliminate these numbers.
For more information please visit robbery-attorney.com

Hiring a Criminal Defense Attorney

If you are facing criminal charges, you are encountering the risk of consequences that may change your life. Any kind of arrest on criminal charges can become a very serious matter if not handled quickly and correctly. To build the best defense against any charges, an accused should make finding a criminal defense attorney a top priority.

Many individuals facing criminal charges delay finding a qualified attorney until there is no other option. People who are arrested and accused are naturally upset and want to explain their side of the incident in question to law enforcement; this can end up inadvertently hurting a case rather than helping it. There are undoubtedly many important things happening at once when charges are made, but the first thing that should be done is to find legal counsel. Early attorney representation allows clients to first explain everything in confidence to their own attorney, who can then take over any communication with the prosecutor and the court: most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.

In many cases attorneys can negotiate a dismissal before charges are actually filed. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. An experienced criminal defense attorney will know if they can negotiate with the prosecutor and will know how to proceed from that point.
It is essential for clients to completely trust the lawyer that is chosen, follow whatever instructions have been given, and do nothing more. Some parts of the legal process happen quickly while other parts don’t seem to be happening quickly enough, which may be a serious stress factor for individuals facing serious legal repercussions. Confidential questions and concerns can and should be made only to the defendant’s attorney so they can handle the case and achieve the best possible outcome.

Whether or not the charges against you have any merit, the justice system does not allow for any mistakes on behalf of the defense. Paper work is extensive, pleadings and court trials are extremely complex and any simple mistake by the individual can lead to dire consequences.
Unless the accused has legal counsel for their defense they are left completely on their own to navigate through this complicated process brought on by a criminal charge. 

When it comes to criminal law cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges. The lawyers of Parnham & Associates are dedicated to defending the rights of the accused and our criminal defense attorneys are committed to the presumption of innocence. Even in less serious cases, a good criminal defense attorney can make a serious impact on the outcome of the case by ensuring that the rights of the accused are protected throughout the legal process. For these and other reasons, it is vital that those accused of a crime select the most competent, experienced and effective attorney available.

Simple Assault and Imminent Threat

Simple assault consists of intentionally, knowingly or recklessly causing bodily injury to another person; intentionally or knowingly threatening another person with imminent bodily injury, or intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.
Simple assault involves only minor bodily injury like a cut, scrape, or bruise. In fact, assault does not even require actual physical contact with another individual: simply threatening another person with violence may be considered assault if that person has a reasonable fear that the act will be committed.
Words alone, no matter how insulting or provocative, do not justify an assault or battery against the person who utters the words.


If you do not directly suffer pain, illness or impairment by the contact but the contact is still offensive or unwelcome then an assault claim could still be brought for offensive contact. These types of claims normally include sexual assault, in which the harm is emotional or mental rather than physical. A sexual assault does not have to result in a bodily injury. The elements of this assault claim require that;

• The defendant acted intentionally or knowingly; 
• The defendant made contact with plaintiff’s person; 
• The defendant knew or reasonably should have believed plaintiff would regard the contact as offensive or provocative; and 
• The defendant’s contact caused injury to plaintiff.

An offensive contact assault claim requires the defendant to know or be expected to know that the contact would be considered offensive; a person acting carelessly may touch another person offensively, but unless they intended to offend the victim or acted with reasonable certainty that they would offend another person there is no assault.

 

An assault brought for a threat of bodily injury does not require physical contact, but a plaintiff still must prove a specific type of threat was intentionally made and that the threat had an effect on the plaintiff. 

A threat of bodily injury is a declaration of intent to inflict punishment, loss, or pain on another person and has to be a threat of imminent harm; the threat has to be of a present harm rather than "future" harm. 

The plaintiff must prove that any injury caused by the threat was foreseeable: minimum injury for this type of claim is that the plaintiff was apprehensive. The plaintiff then must show that they were apprehensive and that it was foreseeable that she would be apprehensive.Texas courts have ruled that a plaintiff does not even need to prove fear, just apprehension about the threat.

For more information please visit http://www.texasassaultattorney.com

Use of Mental Health Evidence When the Insanity Defense is not Relied Upon

The state of Texas does not recognize diminished capacity as an affirmative defense in cases not based on an actual Insanity Defense. Despite this, there is a line of cases that suggest that mental illness can be used to defeat the proof of the allegation of the prosecution in the particular offense. The Judge has discretion to allow this evidence, and Code Crim. Proc. art. 38.36(a) provides that  "In all prosecutions for murder, the state or the defendant shall be permitted to offer testimony as to all relevant facts and circumstances surrounding the killing and the previous relationship existing between the accused and the deceased, together with all relevant facts and circumstances going to show the condition of the mind of the accused at the time of the offense."

For more information on mental health and Insanity Defense visit www.insanitydefenseattorney.com. If you have been accused of a crime, please contact us today at (713) 224 - 3967 for a free consultation.

Texas Burglary of a Habitation Part 3: Texas Criminal Defense Lawyer

In this final presentation of a three part series of videos, criminal defense attorney George Parnham discusses criminal trespass laws as well as the implications of burglary or criminal trespass charges in a situation such as divorce, in which the defendant maintains a community property interest.

Although similar, burglary and criminal trespass are two separate crimes in Texas. Under Texas Penal Code § 30.05, the definition of criminal trespass is more complex than simply being on someone else’s property. To begin with, the law defines property as including "...residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle".
This means that criminal trespass can encompass all sorts of public and privately owned property intended for different types of use. People can be convicted of criminal trespass when they unlawfully cross residential property, commercial property, agricultural property, forest land, and even government property. It is also unlawful to trespass in an area with an oil refinery, chemical manufacturing facility, water treatment plant or an electrical power generating facility.

Unlike the charges for burglary, criminal trespass charges do not require any intent of theft or felony. Also, although you can be charged of burglary simply by having any part of your body on the property (i.e., holding a flashlight through a window or door in order to survey the contents of a room), criminal trespass requires that your entire body be on the property.


In order for someone to be convicted of criminal trespass, they must have either been given notice that entry to a property is forbidden, or they must have been told to leave the property and then either failed to leave or returned to the property (still without consent). Notice can be given in several ways;  it can be an oral or written communication by the owner or someone acting for the owner, it can be a fence or other enclosure obviously designed to exclude intruders or to contain livestock, or it can be in the form of sign posted in a location reasonably likely to be noticed.
On forested or agricultural property,  notice can be in the form of readily visible purple paint marks of proper size and placement on trees or posts spaced no more than 100 feet apart on forest land or 1,000 feet apart on non-forest land. Notice can also simply be the visible presence of any crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.


Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. If the trespass is on agricultural land, and the trespasser is apprehended within 100 feet of the boundary of the land, the offense is a Class C misdemeanor with a fine up to $500. Agricultural land is broadly defined and includes land suitable for growing plants (for food, feed, fiber, seed, etc.) or trees or for keeping farm or ranch animals. However, under certain conditions including if one has a deadly weapon on or about one’s person the offense is a Class A misdemeanor with a fine up to $4,000 and a jail term up to one year.

If you have been accused of a crime call us today at 713-224-3967 or visit parnhamandassociates.com for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case.

Texas Burglary of a Habitation Part 2:Houston Criminal Defense Attorney

In this second presentation in a three part series of videos, criminal attorney George Parnham discusses issues of effective consent as applied to an individual's access to private property, the types of properties involved, and the importance of "intent" as applied to charges of burglary of a building or habitation. He also discusses the differences between "burglary of a building" and "burglary of a habitation" as defined by Texas state laws.  
In Texas, burglary is defined as "unlawfully entering or remaining in any structure... with the intent to commit a felony, theft, or assault inside".  
Home invasion refers specifically to a burglary that occurs within a habitation- any structure or vehicle that is adapted for the overnight accommodation of one or more people (Tx. Stat. & Code Ann. § 30.02.)

The two elements of the definition -unlawful entry and intent to commit a felony, theft, or assault inside- must be either proved beyond a reasonable doubt or admitted to by the defendant to be convicted of burglary. Without sufficient proof of both elements, the prosecutor may secure a conviction for another crime such as trespass, but not burglary.
The intended crime (such as theft) need not actually be completed; proof of entry and of the intent to commit one of these crimes inside are the only requirements for a conviction.


Defense against a burglary charge usually concentrates on situations in which all the necessary elements of proof haven’t been met. If the plaintiff consented to the defendant’s acts it may serve as a defense; i.e., if they consented to the person’s entry or allowed them to take an item of property, it may negate an element of burglary. However, the consent needs to be voluntary and the plaintiff needs to  be of legally capable of consenting.

Likewise,  if the defendant didn’t actually intend to commit theft or felonious crime at the time that they entered the building, structure, or dwelling place then burglary charges wouldn't apply. An example would be someone who entered a building without permission, but simply to take photographs or out of curiosity rather than to remove property or commit any other felony.

Burglary charges also usually don’t apply to open spaces or places that are not actually structures. The point is that someone’s building is being entered for the purpose of committing a crime inside. However, some jurisdictions consider yards and gardens to be part of the dwelling place.

Even with the lack of intent to commit a theft or felony, the defendant may still be charged with Criminal Trespass. Section § 30.05 of the Texas Penal Code states that it is illegal to enter or remain on a property, including land, buildings or an aircraft of any kind without consent if the person had notice that their entry was forbidden, or if they received notice that they should depart and then failed to comply.



Burglary of a building that is not a habitation is a state jail felony, and occurs when a defendant unlawfully enters or remains in a public or private building (but not a habitation) with the intent to commit a felony, theft, or assault.
Burglary of a habitation, or home invasion, is a second degree felony, and occurs when a defendant unlawfully enters or remains in a habitation with the intent to commit a felony theft or an assault therein. The crime increases to a first degree felony if the defendant entered the habitation with the intent to commit a felony other than felony theft therein.

If you have been accused of a crime call us today at 713-224-3967 or visit ParnhamandAssociates.com for a free consultation with an aggressive and resourceful criminal defense attorney. We will work tirelessly to ensure the best possible outcome for your case.