Free Consultations
512-474-2222
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
Defending Against Charges of Diesel Theft in Texas
Texas has a set of laws dedicated to what happens when diesel fuel is stolen. A recent case where a Texas man was arrested on charges of diesel theft, convicted, and sentenced to 50 years in prison highlights not only that this crime is more common than you might think but also how seriously it is treated. If you are facing charges of diesel theft, speak with a trustworthy Austin, TX criminal defense attorney to understand your options.
What Are the Charges for Diesel Theft?
According to Texas Penal Code Title 7 Chapter 31 Section 19, diesel theft is when someone illegally and intentionally takes "petroleum product" - crude oil, natural gas, or condensate, from its owner or directly from a pipeline or storage tank without paying for it. It is generally considered a category of property theft. The charges for diesel theft vary depending on how much was taken. The law specifies which amounts of stolen diesel would be penalized with which charges, ranging from a Class C Misdemeanor for stealing an amount worth less than $100 to a first-degree felony for a stolen amount worth over $300,000. Depending on the charges, you might be given no jail time and a fine of up to $500 or you could face a life sentence.
Defense Against Diesel Theft Charges
Being accused of diesel theft is serious, but it does not need to spell doom. With the stakes so high, it is crucial to have a reliable lawyer by your side to build a strong case and get the charges dismissed or at least reduced. Some common defenses against diesel theft include:
- Lack of evidence: The prosecution must prove beyond a reasonable doubt that you did what they have accused you of doing. If they do not have enough evidence or obtained it improperly, their case against you is likely weak.
- Wrongful accusation: If you can demonstrate you were falsely accused or mistaken for the actual thief, either by showing that you were not involved or even at the scene of the crime when it happened, this can help your case.
- Lack of intent: You might get the charges reduced or dismissed if you can show you had not intended to permanently deprive the owner of the fuel, for example, if you took it by accident or because of some mistaken belief that you were the rightful owner.
- Mitigating circumstances: Other factors, such as financial hardship or other personal issues, might help you get alternative sentencing options like community service or probation.
Schedule a Free Consultation with an Austin, TX Criminal Defense Attorney
If you are facing accusations of diesel theft, you need to take it seriously and speak with an experienced Midland, TX criminal defense lawyer. The charges and penalties can be severe, but at Morales Law Office, Attorneys at Law, PLLC., we have the background and dedication to fight aggressively to get you the best outcome possible. Call us at 512-474-2222 to schedule a free consultation.
