Austin Lawyer and DWI Attorney
Clifford Swayze
512 E-11th St. Ste. 202,

Austin, Texas 78701  
(512) 335-5245

 

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Theft

The Texas Penal code §31.03 define in part theft as follows: A person commits “theft” if he unlawfully appropriates property with intent to deprive the owner of property. The Government has the burden of proving that a person charged with “theft” has unlawfully appropriated the property. In order to meet their burden the state must also prove that one had the intent to deprive the owner of the property. The Texas Penal Code §31.01 defines “Deprive” as withholding property from the rightful owner. The deprivation must either be permanent or for such an extended period that the rightful owner loses a large portion of the value & enjoyment from the property. One can also deprive the rightful owner of property by refusing to “restore property” only upon payment of a reward or some other form of compensation. One can also deprive another of their property by disposing of the property in a manner that makes it unlikely that the owner will recover the property. Upon request by the defense, the prosecutor has a personal duty to seek out, review, and provide favorable information. This favorable information includes impeachment material in possession of the state. As your defense attorney, I will timely request exculpatory evidence! I will use this information to ensure that the state must prove every element of its case against you, and explore every possible defense.

Theft
Theft of service
Theft of trade secrets
Theft by check
Unauthorized Use of a Vehicle

 
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