Theft of Services
Have you, a friend, or a loved one been arrested and charged with Theft of Services?
In Texas, you can be criminally charged with theft of service if, with the intent to avoid payment, you obtain a service by means of threat or deception. Theft of service charges can also arise if you agree to make payment in exchange for a service, and then refuse to pay for the service once it’s rendered. Another common situation in which individuals are charged with theft of service is when they rent something, and keep it beyond the agreed rental period.
Theft of Service Lawyer
If you have been arrested for theft of service or another theft related charge, contact theft defense lawyer Korey Huff. He can help you with all aspects of your case, including expunction. Contact The Huff Law Firm today at 713-562-8700 to set up a free consultation.
Theft of Service Law in Texas
Texas Penal Code Section 31.04. THEFT OF SERVICE. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation:
(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token;
(2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other’s services to the actor’s own benefit or to the benefit of another not entitled to the services;
(3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or
(4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment.
(b) For purposes of this section, intent to avoid payment is presumed if:
(1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments;
(2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment;
(3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; or
(4) the actor failed to return the property held under a rental agreement:
(A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; or
(B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more.
(c) For purposes of Subsections (a)(4), (b)(2), and (b)(4), notice shall be notice in writing, sent by registered or certified mail with return receipt requested or by telegram with report of delivery requested, and addressed to the actor at his address shown on the rental agreement or service agreement.
(d) If written notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent.
(d-1) For purposes of Subsection (a)(4):
(1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; and
(2) the partial payment of wages alone is not sufficient evidence to negate the actor’s intent to avoid payment for a service.
Theft of Service Punishment in Texas
The penalties or punishment for theft of service is usually determined by the alleged value of the service rendered and whether the defendant has any prior theft convictions. Under Texas law, theft of service can be classified as either a misdemeanor or felony crime.
Below is a basic guide of how the State of Texas categorizes the level of the theft offense and the punishment you face if charged with theft of services.
- Theft of Service is considered a Class C Misdemeanor if the value of the services stolen is worth $100 or less. Class C Misdemeanor crimes are punishable by a fine up to $500.
- Theft of Service is considered a Class B Misdemeanor if the value of the services stolen is more than $100 but less than $750. Class B Misdemeanor crimes are punishable by a fine up to 180 days in jail and/or a fine up to $2,000.
- Theft of Service is considered a Class A Misdemeanor if the value of the services stolen is $750 or more but less than $2,500. Class A Misdemeanor crimes are punishable by a up to 180 days in jail and/or a fine up to $4,000.
- Theft of Service is considered a State Jail Felony if the value of the services stolen is $2,500 or more but less than $30,000. A State Jail Felony is punishable by 180 days to two years in state jail and/or a fine up to $10,000.
- Theft of Service is considered a Third Degree Felony if the value of the services stolen is $30,000 or more but less than $150,000. A Third Degree Felony is punishable by two to 10 years in prison and/or up to a fine up to $10,000.
- Theft of Service is considered a Second Degree Felony if the value of the services stolen is $150,000 or more but less than $300,000. A Second Degree Felony is punishable by two to 20 years in prison and/or a fine up to $10,000.
- Theft of Service is considered a First Degree Felony if the value of the services stolen is more than $300,000. A First Degree Felony is punishable by five to 99 years in prison or life imprisonment and/or up to a fine up to $10,000.
Don’t Wait–Schedule Your Free Evaluation Today!!!
With so much at stake after a Theft of Service arrest, you need to make sure you have THE HUFF LAW FIRM fighting for you. Korey Huff is an aggressive Houston criminal defense lawyer who will make every effort to fight the allegations against you. If you, a friend, or a loved one has been charged with Theft of Services, THE HUFF LAW FIRM will carefully investigate and analyze your case and will fight to protect your freedom and your legal rights.
Contact The Huff Law Firm now at 713-562-8700 (24 Hours a Day, 7 Days a Week) for a free consultation to determine your rights and legal options.
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Mr. Korey Huff is an outstanding and trustworthy attorney.. He was very passionate and professional. He always kept me informed about All communications he had with outside attorneys. He only accepted an agreement that he thought was reasonable and fair… If you want a strong and dedicated attorney to represent you, then I recommend Korey Huff. Thanks Korey for all your hard work and fighting for your client! Houston Texas
Very good attorney. Was there for 2 of my cases(same offense) and both worked out in my favor. Reasonable price, very professional, all around good to work with.
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If it wasn’t for Korey Huff I would be in jail!! He helped me win my case!! He is a Very Outspoken Amazing Attorney! Great Attitude and Very Polite! His services are worth every penny! I Most Definitely recommend him to represent you!
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