Texas Car Theft

 Texas Car Theft is a serious crime that can lead to significant legal consequences. In the penal code Texas Car Theft is called Unauthorized Use of a Motor Vehicle. Criminal lawyers and prosecutors refer to the crime as UUMV. Texas Car theft is a State Jail Felony. The penalty range is from 180 days jail to 2 years in a state jail facility. If the defendant has no felony conviction they may receive probation as well.

Elements of Unauthorized Use of a Motor Vehicle

To establish unauthorized use of a motor vehicle in Texas, prosecutors must prove certain elements beyond a reasonable doubt:

1. Without Consent: The prosecution must demonstrate that the defendant took or operated the motor vehicle without the owner’s consent. This lack of consent can occur through various means, such as theft, borrowing without permission, or using the vehicle beyond the scope of permission granted.
2. Intent: The prosecution must establish that the defendant acted intentionally in taking or using the vehicle without permission. This implies that the defendant knew they lacked consent or recklessly disregarded whether they had permission.
3. Motor Vehicle: The term “motor vehicle” encompasses various types of vehicles, including cars, trucks, motorcycles, and boats, which are primarily designed for use on highways or waterways.
4. Knowing the Vehicle was Stolen or Altered: In some cases, the prosecution must prove that the defendant knew the vehicle was stolen or had been altered to disguise its identity.

Possible Defenses to Texas Car Theft

When facing charges of unauthorized use of a motor vehicle in Texas, several defenses may be applicable, depending on the circumstances of the case:

1. Owner’s Consent: If the defendant had the owner’s permission to use the vehicle, whether explicitly or implicitly, this can serve as a potent defense. Evidence supporting consent, such as witness testimony, written agreements, or communication records, can bolster this defense.
2. Lack of Intent: If the defendant genuinely believed they had permission to use the vehicle or acted under a mistaken belief that they had lawful authority, they may argue lack of intent. However, this defense requires evidence supporting the defendant’s state of mind at the time of the alleged offense. The condition of the car can be important in the defense. If the steering column is broken or there is other evidence the car was tampered with this defense would be weak.
3. Claim of Right: In certain situations, the defendant may have a legal claim of right to the vehicle, such as a dispute over ownership or an assertion of joint ownership. If the defendant reasonably believed they had a legal entitlement to the vehicle, this could be a very good defense.
4. Duress or Necessity: The defendant may argue that they took or used the vehicle under duress or out of necessity to prevent harm to themselves or others. This defense typically requires demonstrating that the defendant faced an immediate threat or emergency situation compelling them to act unlawfully.
5. Entrapment: In rare cases where law enforcement induces or coerces an individual to commit unauthorized use of a motor vehicle, the defense of entrapment may apply. This defense asserts that the defendant would not have committed the offense if not for the undue influence of law enforcement.

Conclusion

If a person is charged with Texas Car Theft they should meet with an experienced criminal attorney as soon as possible. A criminal attorney can explore possible defenses and guide the client through the criminal court system.