Theft / Fraud / Forgery Attorney in Denton, TX
What can Daniel K. Peugh, Attorney at Law help you with?
Theft / Fraud / Forgery / Credit Card Abuse Lawyers in Denton, TX
Theft is simple. It is an allegation that you took something that you did not have a right to have. Theft is also known as stealing. The legal definition of theft is, “A person commits an offense if he unlawfully appropriates property with the intent to deprive the owner of the property,” Texas Penal Code §31.03. This definition of theft also applies to unlawfully acquiring property using a worthless check and to the unlawful receipt of services. Whether it is shoplifting or embezzlement the seriousness of the Theft offense and the punishment involved depends on the amount of money involved.
Theft Offenses in Texas
(The Amount of Money Involved, The Offense Levels, and Punishment Ranges for Theft by Check are the same as regular Theft after the Class B Misdemeanor offense of Theft > $20 and < $500 by check.)
Theft < $100
Class C Misdemeanor
Fine Only up to $500
Theft > $100 and < $750
Class B Misdemeanor
0 to 180 days in jaill
Theft > $750 and < $2,500
0 to 180 days in jaill
Up to 1 year in jail
Theft > $2,500 and < $30,000
State Jail Felony
Up to 2 years in a state jail facility
Theft > $30,000 and < $150,000
Third Degree Felony
2 years to 10 years in TDCJ (Prison)
Theft > $150,000 and < $300,000
Second Degree Felony
2 years to 20 years in TDCJ
Theft > $750 and < $2,500
Class C Misdemeanor
0 to 365 days in jaill
Theft > $2,500 and < $30,000
Class B Misdemeanor
180 days to 2 years in a State Jail Facility
Theft with 2 Prior Theft Convictions
State Jail Felony
180 days to 2 years in a State Jail Facility
Theft > $300,000
First Degree Felony
5 years to 99 years or Life in TDCJ
Theft with 2 Prior Theft Convictions
State Jail Felony
180 days to 2 years in a State Jail Facility
Theft From a Person (picking pockets/purse snatch)
State Jail Felony
180 days to 2 years in a State Jail Facility
Defending Theft Charges in Denton
As outlined in the “Theft by Check” section, Theft charges can be successfully defended. A very simple, yet very effective, defense to Theft charges can be, “I did not intend to steal.” This, as you might guess, is known as a lack of intent. A related defense can be “I didn’t know it was stolen or I didn’t know it was in my house or car.” Constitutional defenses also apply such as illegal stops, illegal searches and illegal arrests. Your Denton theft attorney should be ready, willing, and able to fight even if all you want to do is plea. The Denton theft attorney’s ability to fight will benefit you plea or trial.
What if I did it?
OK, I admit it. Real people do not like trials. Only the mutants that we call lawyers like trials. Even if you feel very strongly that you did what you are accused of, hire a good Denton forgery lawyer. Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. At one time in my career I was a bulldog of a prosecutor. I know very well that prosecutors, particularly the young ones, can think that they are saving the world by throwing good people to the wolves. You must have good representation. You do not need to be “made an example of.” The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations. My thorough investigations always turn up defensive issues that, at least, encourage prosecutors to offer a better plea bargain.
Our Law Firm in Texas Include The Following Practice Areas
Theft by Check…What You May Be Facing
If you received a letter from a prosecutor’s office that advises you on how to get out of jail free, how to handle your case without the expense of a Criminal attorney, or tells you what to plea in court and how much to pay, contact the State Bar of Texas Disciplinary Board right away at 1-800-932-1900. It is unethical for a theft attorney to be on both sides of a legal issue:
Texas Disciplinary Rules of Professional Conduct Rule 1.06 Conflict of Interest: General Rule
1. A theft lawyer shall not represent opposing parties to the same litigation.
What this means in theft by check cases is that it is unethical for the prosecutor representing the State of Texas prosecuting you for theft to also advise you as to how to defend the theft allegation.
Many people believe that if they wrote the check they are guilty of theft by check. This is wrong! Many people believe that because their check bounced they are guilty of theft. This is wrong! Unfortunately, these wrong-headed ideas about bounced checks are shared by prosecutors. However, the legal definition of theft applies to theft by check allegations and to all theft allegations. Bouncing a check is not theft. An allegation of theft by check can be put in plain language this way; you wrote a check that you knew would bounce because you intended to receive goods or services without paying for them. That is, you wrote your check intending to steal.
Most people who have a check or two bounce do not intend to steal. Recall that the legal definition of theft requires that you intend to steal. Still, prosecutor’s offices everywhere prosecute bounced checks just like shoplifting cases even though there are massive legal and factual differences between the two. Worse yet, most prosecutors’ offices make it very easy for you to plead guilty or no contest and get a theft charge on your record when it comes to checks. You will be offered free jail release, the opportunity to “take care” of your case without the expense of a defense attorney, and easy “non-conviction” probation terms. They will not tell you that the charge will be on your record and it will appear to the public that you are a thief.
If you did not intend to steal when you wrote a check that ultimately bounced you should not enter a plea indicating that you did intend to steal. I wish I could offer you the free and easy terms that the prosecutors will offer you but, I cannot. Protecting your reputation in these situations is not as easy as just giving in but, it can be done. I have taken theft by check allegations to jury trial. I know what evidence juries find to be persuasive. Therefore, I know how to put together a defense that will win in negotiations and in court. I can fight for you but, I cannot fight without you. If you take the allegation that you intended to steal seriously and you are willing to put up a fight, contact me.
Theft By Check Charges
Same Dollar Ranges as Theft
Misdemeanors or Felonies, Depending on Amount
Fraudulent Use or Possession of Identifying Information
Fraudulent Use or Possession of Identifying Information is one of a few crimes that get lumped into the “Identity Theft” category of cases. The offense is found in §32.51 of the Texas Penal Code. “A person commits an offense if the person, with intent to harm or defraud another, obtains, possesses, transfers, or uses identifying information of: (1) another person without the other person’s consent.” Identifying Information is legally defined as name, social security number, date of birth, government issued identification number, unique biometric data, fingerprint, voice print, or retina or iris image, unique electronic identification number, address, routing code, financial institution account number, or telecommunications identifying information. Fraudulent Use or Possession of Identifying Information is always a felony.
See the chart below for the various punishments that can result in a Fraudulent Use or Possession of Identifying Information case.
Less Than 5
State Jail Felony
180 days to 2 years in a state jail Facility
More than 5, Less Than 10
Third Degree Felony
2 years to 10 years in TDCJ (Prison)
More than 10, Less Than 50
Second Degree Felony
2 years to 20 years in TDCJ
More Than 50
First Degree Felony
5 years to 99 years or Life in TDCJ
Defending Fraudulent Use or Possession of Identifying Information
Fraudulent Use or Possession of Identifying Information charges can be successfully defended. A very simple, yet very effective, defense to Fraudulent Use or Possession of Identifying Information charges can be, “I did not intend to possess.” This, as you might guess, is known as a lack of intent. A related defense can be “I didn’t know it was in my house or car.” Constitutional defenses also apply such as illegal stops, illegal searches and illegal arrests. Your theft attorney should be ready, willing, and able to fight even if all you want to do is plea. The Denton fraud attorney’s ability to fight will benefit you plea or trial.
What if I did it?
OK, I admit it. Real people do not like trials. Only the mutants that we call lawyers like trials. Even if you feel very strongly that you did what you are accused of, hire a good lawyer. Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. At one time in my career I was a bulldog of a prosecutor. I know very well that prosecutors, particularly the young ones, can think that they are saving the world by throwing good people to the wolves. You must have good representation. You do not need to be “made an example of.” The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations. My thorough investigations always turn up defensive issues that, at least, encourage proseczutors to offer a better plea bargain.
Forgery Charges and What You Should Know
Forgery is also sometimes considered an Identity Theft crime. The Texas Penal Code defines Forgery in $32.21 and begins with the definition of to Forge: “to alter, make, complete, execute, or authenticate any writing so that it purports: to be the act of another who did not authorize the act, to have been executed at a time or place or in a numbered sequence other than was in fact the case, or, to be a copy of an original when no original existed. A person commits an offense if he forges a writing with intent to defraud or harm another.” Offenses typically arise when one person signs another person’s name without permission or one person writes himself a check on another person’s account without permission.
Any Document not Listed Below
Class A Misdemeanor
0 to 365 days in jail
A will, deed, deed of trust mortgage, security instrument, credit card, check,contract,release,commercial instrument, finanial institution authorizations
State Jail Felony
180 days to 2 years in a State Jail Facility
Money, securities, postage or revenue stamps, government record, stock,bonds
Third Degree Felony
2 years to 10 years in TDCJ (Prison)
Defending Forgery
Forgery charges can be successfully defended. A very simple, yet very effective, defense to Forgery charges can be, “I did not intend to harm.” This, as you might guess, is known as a lack of intent. A related defense can be “I didn’t know I didn’t have permission.” Constitutional defenses also apply such as illegal stops, illegal searches and illegal arrests. Your Denton forgery attorney should be ready, willing, and able to fight even if all you want to do is plea. The forgery attorney’s ability to fight will benefit you plea or trial.
What if I did it?
OK, I admit it. Real people do not like trials. Only the mutants that we call lawyers like trials. Even if you feel very strongly that you did what you are accused of, hire a good lawyer. Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. At one time in my career I was a bulldog of a prosecutor. I know very well that prosecutors, particularly the young ones, can think that they are saving the world by throwing good people to the wolves. You must have good representation. You do not need to be “made an example of.” The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations. My thorough investigations always turn up defensive issues that, at least, encourage prosecutors to offer a better plea bargain.
What if I did it?
OK, I admit it. Real people do not like trials. Only the mutants that we call lawyers like trials. Even if you feel very strongly that you did what you are accused of, hire a good lawyer. Criminal Defense, as much as I like to brag, is not all “not guilty” verdicts and dismissals. A big part of what I do for a living, my favorite part, is helping good people that just messed up. At one time in my career I was a bulldog of a prosecutor. I know very well that prosecutors, particularly the young ones, can think that they are saving the world by throwing good people to the wolves. You must have good representation. You do not need to be “made an example of.” The fact that I do try cases and that I do get verdicts will be respected in the plea bargain negotiations. My thorough investigations always turn up defensive issues that, at least, encourage prosecutors to offer a better plea bargain.
Daniel Peugh is a former Chief Prosecutor for the Denton County Criminal District Attorney’s Office. He has an insider’s knowledge of local Judges, Prosecutors, and Probation Officers. At The Peugh Law Firm in Denton, we try cases and we get jury verdicts. Our ability to make our forgery case before judges and juries benefits all of our clients at every level of representation. Most of our clients do not go to trial. Still, the plea bargain offers our clients receive are based in large part on what the prosecutors know we can do if the case goes to trial.
Contact Daniel K. Peugh, Criminal Attorney at Law today 940.566 0271
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Related Results
Unlauthorized Use of a Vehicle and Theft
Same charge dismissed in two different counties
Young Man keeps a rental car past the due date in order to make an income via LYFT. By the time the case reaches the Denton County District Attorney’s Office the Young Man had volunteered to serve in the Army and was due to be inducted and sent to Basic Training in the near future. The rental car company was reimbursed for their loss. Attorney provides proof of restitution and an Army contract, Denton County declined to file the case. The Detective on the case, unhappy with Denton’s decision, arranged to have the case filed in Tarrant County. Attorney contacts the Tarrant County Prosecutor assigned and provides the same mitigation to him that Denton County received. Tarrant County dismissed the charges and the Young Man is in Basic Training.
- Bo
Contact attorney Daniel K. Peugh today at 940.566 0271
in Denton, Texas, for comprehensive criminal defense.
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