My question involves criminal law for the state of: tx
what is aggragated theft and what does it entail what degree of a felony is it
|
ExpertLaw Forum - Help With Your Legal Questions
|
My question involves criminal law for the state of: tx
what is aggragated theft and what does it entail what degree of a felony is it
Let's say that you clean my house every Tuesday and Thursday. Each time you come to my home, you steal one of my gold coins. I don't notice until all 104 of them are gone (2 per week times 52 weeks). When I report it to police, they are not about to take 104 separate police reports and the prosecutor isn't going to open 104 separate cases against you. Instead, you'll be charged in aggregate - a total of all of your theft activities against me together over time. So even though the value of one coin might only constitute a misdemeanor, taken together they'd add up to enough to charge you with a felony. If there were other factors, like if I was a senior, the amount needed to make it a felony are less, or felony charges can be brought regardless of value under listed circumstances.
See Texas statutes:
§ 31.02. CONSOLIDATION OF THEFT OFFENSES. Theft as
defined in Section 31.03 constitutes a single offense superseding
the separate offenses previously known as theft, theft by false
pretext, conversion by a bailee, theft from the person,
shoplifting, acquisition of property by threat, swindling,
swindling by worthless check, embezzlement, extortion, receiving
or concealing embezzled property, and receiving or concealing
stolen property.
§ 31.09. AGGREGATION OF AMOUNTS INVOLVED IN THEFT. When
amounts are obtained in violation of this chapter pursuant to one
scheme or continuing course of conduct, whether from the same or
several sources, the conduct may be considered as one offense and
the amounts aggregated in determining the grade of the offense.
You can find a full, and very lengthy, breakdown of what factors (particularly values) that can result in felony charges at:
http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm
Read the definitions at the beginning of Chapter 31.
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org
#1 lesson: The only person who can give YOU legal advice is YOUR attorney
Bookmarks