Can You Be Charged for Attempted Theft or Fraud in Texas?

Yes, under Texas law, you can be charged for attempting to commit theft or fraud—even if the crime was not completed.The Texas Penal Code recognizes and penalizes inchoate offenses, which are incomplete crimes that involve actions taken toward committing a criminal offense. Understanding how attempted theft and fraud are prosecuted can help you grasp the seriousness of these charges and the importance of legal representation.

What Constitutes an Attempted Crime in Texas?

According to Texas Penal Code § 15.01, a person commits a criminal attempt if they:LegalClarity+4Tex..Pub..Law: Online Texas Law Library+4Findlaw+4

“with specific intent to commit an offense, [do] an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.”LegalClarity+4Findlaw+4Justia Law+4

This means that simply planning or preparing to commit a crime isn't enough for an attempt charge. There must be a direct action taken that moves toward completing the offense, even if the final crime doesn't occur.LegalClarity+1Texas Criminal Defense Group+1

Key Elements of Criminal Attempt:

1. Specific Intent: The individual must have a clear intention to commit a specific crime.DWI Lawyers Texas+1LegalClarity+1
2. Overt Act: There must be an action that goes beyond mere preparation and moves toward the commission of the crime.Saputo ✭ Toufexis+4DWI Lawyers Texas+4Justia Law+4

For example, if someone tries to use a stolen credit card to make a purchase but the transaction is declined, they can still be charged with attempted credit card abuse.

Attempted Theft Under Texas Law

Theft is defined in Texas Penal Code § 31.03 as unlawfully appropriating property with the intent to deprive the owner of it. An attempted theft charge arises when someone takes substantial steps toward committing theft but doesn't complete the act.LegalClarity

Examples of Attempted Theft:

• Trying to shoplift an item but being caught before leaving the store.
• Attempting to steal a car but being interrupted before driving away.
• Breaking into a property with the intent to steal but fleeing when an alarm sounds.

In each case, the individual's actions demonstrate a clear intent to commit theft and involve overt acts toward that goal, satisfying the criteria for an attempted theft charge.

Attempted Fraud Under Texas Law

Fraud encompasses various offenses under Chapter 32 of the Texas Penal Code, including credit card abuse, identity theft, and forgery. An attempted fraud charge applies when someone takes significant steps toward committing a fraudulent act but doesn't succeed.LegalClarity+1Texas Criminal Defense Group+1

Examples of Attempted Fraud:

• Submitting a falsified loan application that is rejected.
• Attempting to use someone else's personal information to open a bank account but being denied.
• Trying to cash a counterfeit check but being stopped by bank security.

These scenarios involve deliberate actions aimed at deceiving others for personal gain, aligning with the elements required for an attempted fraud charge.

Penalties for Attempted Theft or Fraud

Under Texas Penal Code § 15.01(d), the punishment for an attempted offense is typically one category lower than the completed offense. For instance:Saputo ✭ Toufexis+7LegalClarity+7Texas Criminal Defense Group+7

• If the completed offense is a state jail felony, the attempted offense is a Class A misdemeanor.LegalClarity+5DWI Lawyers Texas+5Findlaw+5
• If the completed offense is a third-degree felony, the attempted offense is a state jail felony.
• If the completed offense is a Class A misdemeanor, the attempted offense is a Class B misdemeanor.Justia Law+3Findlaw+3DWI Lawyers Texas+3

This reduction in severity acknowledges that the crime wasn't completed but still holds individuals accountable for their actions toward committing the offense.

Defenses Against Attempt Charges

Facing an attempted theft or fraud charge doesn't guarantee a conviction. Several defenses may apply, including:

1. Lack of Specific Intent

If the prosecution cannot prove that you had a clear intent to commit the crime, the attempt charge may not hold. For example, if you picked up an item in a store absentmindedly and walked toward the exit without realizing, this might not constitute attempted theft.

2. No Overt Act

Mere preparation or planning isn't enough for an attempt charge. There must be a direct action toward committing the crime. If you discussed committing a fraud but took no steps toward executing it, this defense might apply.Saputo ✭ Toufexis+4LegalClarity+4Justia Law+4

3. Renunciation

Under Texas Penal Code § 15.04, if you voluntarily and completely renounce your criminal intent and take affirmative steps to prevent the crime, this can serve as a defense. However, the renunciation must be genuine and not motivated by external factors like fear of being caught.DWI Lawyers Texas+1Texas Criminal Defense Group+1

Importance of Legal Representation

Attempted theft and fraud charges carry serious consequences, including fines, imprisonment, and a criminal record that can impact future opportunities. Navigating the complexities of these charges requires experienced legal counsel.

At Walker Law Office, Mekisha Walker brings extensive experience as a former Harris County Assistant District Attorney and a seasoned criminal defense attorney. Her deep understanding of Texas theft and fraud laws ensures that clients receive informed and effective representation.

Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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