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PROPERTY CRIMES

Property crimes range from criminal trespass when someone is asked to leave a business or home and fails to do so, to burglary and arson.  Brian has dealt with thousands of criminal property crime charges and has experience in Montgomery and Harris County.  Many times property crimes can be taken care of through alternatives to the traditional plea negotiations and jail time.  Get Brian started on your case today and take back your life! 

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THE LAW

Criminal Trespass charges are Class B Misdemeanors when the property that was trespassed upon is a vehicle, land, or a building.  It becomes a Class A Misdemeanor when the property that was trespassed upon is a habitation.  Make sure your lawyer knows the legal definition of "habitation" in the Texas Penal code so that you don't end up leading to the wrong or higher charge!

Theft charges start as class "c" tickets and can be enhanced to state jail felony and even further when the complainant is an elderly individual or a church!  Call Brian Foley now to find out what your punishment range could be.

Burglary comes in many forms and punishment ranges.  Burglary charges can be of motor vehicles, buildings, habitations, and they can enhance punishment over time if an individual has prior convictions.  Prosecutors know this, shouldn't your lawyer?

Arson is among the most serious type of property crimes and is one of the original common law "malice" crimes along with murder.  Most arson crimes are charged related to the burning of a vehicle and the State alleges a motive of insurance fraud.  Make sure your lawyer knows how to try both habitation arsons and vehicle arsons.  If you live in a municipality with fewer than 100,000 people there may be a special defense for you! 

Theft
Theft charges enhance. That means if someone finds themselves on the wrong end of the courtroom more than once for Theft then you could be facing INCREASED PUNISHMENT RANGES! Avoiding an initial conviction and a subsequent conviction are extremely important for anyone charged with theft.  It could be the difference between paying a fine or going to prison.

Theft < $100

Class C Ticket

Fine only punishment

Theft $30,000 - $150,000

Third Degree Felony

2-10 years Prison

$0 - $10,000 Fine

Theft $100-$750

Class B Misdemeanor

0-180 days Jail

$0 - $2,000 Fine

Theft $150,000 - $300,000

Second Degree Felony

2-20 years Prison

$0 - $10,000 Fine

Theft $750-$2,500

Class B Misdemeanor

0-180 days Jail

$0 - $2,000 Fine

Theft > $300,000

First Degree Felony

2-20 years Prison

$0 - $10,000 Fine

Theft $2,500 - $30,000

State Jail Felony

180 days - 2 years State jail$0 - $0 - $10,000 Fine

Theft < $2,500 with two prior Convictions

State jail Felony

0-180 days State Jail