Dallas Package Theft Lawyer
The convenience of online shopping and doorstep delivery has become commonplace nationwide and across Texas. However, the ease of e-commerce has also led to a colossal crime of opportunity: package theft.
In 2022, an estimated 49 million Americans have had at least one package stolen within the past 12 months – 18 percent of which came from the Lone Star State alone.
In their efforts to keep so-called porch pirates at bay, Texas law enforcement has cracked down on package theft in recent years – and Texas lawmakers have increased the penalties for those convicted.
If you or a loved one has been accused of stealing packages or mail in Dallas or the surrounding area, it is essential to contact an experienced Dallas package theft lawyer right away. Your freedom and future could be at stake.
In this article, a seasoned Dallas package theft lawyer at Varghese Summersett explains the offense, possible punishments, and the importance of hiring a highly skilled criminal defense lawyer who has handled vast amounts of theft cases.
Texas Mail Theft – State and Federal Charges
It is possible to face state or federal charges for package theft. Here’s an overview of both the state and federal statutes that criminalize mail theft in Texas:
Texas Mail Theft Law
Under Section 31.20 of the Texas Penal Code, a person commits mail theft if he or she “intentionally appropriates mail from another person’s mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.” (Appropriates is just a fancy legal term that means taking something for your own use without the owner’s permission.)
Mail is defined as a letter, postcard, package, bag, or other sealed article that is delivered by a common carrier or delivery service and not yet received by the addressee or has been left to be collected for delivery by a common carrier or delivery service.
This is actually a relatively new offense in Texas, created specifically to address the package and mail theft problem. In the past, package theft was prosecuted under Texas Penal Code 31.03, which is the regular theft statute.
Federal Mail Theft Law
The federal law that criminalizes stealing or receiving stolen mail can be found in 18 U.S.C § 1708. This federal statute specifically targets individuals who steal, take, or abstract any mail, postal card, or package from any postal service. This includes theft from a private mailbox, mail receptacle, or post office. It also penalizes those who knowingly receive or possess stolen mail.
The Dallas package theft lawyers at Varghese Summersett defend both state and federal theft charges. We regularly practice in both state and federal courts in North Texas and have had excellent results defending theft cases.
Texas Punishment for Mail or Package Theft
The repercussions of mail or package theft in Texas can be severe. Here’s a look at the punishment for both state and federal convictions.
Punishment for Mail/Package Theft – Federal Charges
In the federal system, stealing or receiving stolen mail is punishable by a fine and up to five years in prison.
Punishment for Mail/Package Theft – State Charges
In 2019, Texas lawmakers increased the penalties for mail theft, even making it a first-degree felony under some circumstances. The severity of the punishment depends on the amount of addresses from where mail was taken; whether the mail was stolen with the intention to also commit identity theft; and whether the alleged victim was elderly or disabled. Here’s the breakdown:
- Stealing mail from less than 10 addresses: Class A Misdemeanor punishable by up to a year in jail and a maximum $ 4,000 fine.
- Stealing mail from 10 to 29 addresses: State jail felony punishable 6 months to 2 years in a state jail facility and a maximum $10,000 fine.
- Stealing mail from 30 or more addresses: Third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Stealing mail from less than 10 addresses with the intent to commit identity theft: State fail felony punishable by 6 months to 2 years in a state jail facility and a maximum $10,000 fine.
- Stealing mail from 10 to 19 addresses with the intent to commit identity theft: Third-degree felony punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Stealing mail from 20 to 49 addresses with intent to commit identity theft: Second-degree felony punishable by 2 to 20 years in prison and a maximum $10,000 fine.
- Stealing mail from 50 or more addresses with intent to commit identity theft: First-degree felony punishable by 5 to 99 years in prison and a maximum $10,000 fine.
Enhanced Punishment if the Victim is Elderly or Disabled
If a person steals mail from a person whom they know to be disabled or elderly in Texas, the charge is increased to the next higher charge. For example, if someone steals packages from 35 people in a nursing home, they would normally face a third-degree felony, but since the victims are elderly, they would not face a second-degree felony.
Is Receiving Misaddressed or Misdelivered Mail a Crime?
Simply receiving misaddressed or misdelivered mail does not, in itself, make you criminally liable. However, there are a few things to consider:
Intent: If you intentionally and knowingly keep or use misdelivered mail that doesn’t belong to you, it could be considered theft, especially if you use the contents to your benefit or to harm someone else.
Action: If you receive mail that is not intended for you, the right course of action would generally be to either mark it as “Return to Sender” and place it back in the mailbox or give it to your postal carrier. If you are aware that the intended recipient lives nearby, you might also consider hand-delivering it to them.
If you have concerns about a specific incident or situation, you should consult with an experienced Dallas package theft attorney. We can help.
Collateral Consequences of a Conviction for Package or Mail Theft
Beyond the immediate legal penalties, a conviction for mail theft can have lasting collateral consequences. Here’s a look at some of the consequences:
Employment Barriers: A conviction can make it harder to secure a job, especially in positions of trust or those that require a security clearance. Employers often conduct background checks, and a mail theft conviction can raise concerns about an individual’s trustworthiness.
Loss of Professional Licenses: Some professional licensing boards in Texas may revoke, suspend, or decline to renew a license if the holder is convicted of certain crimes.
Housing Difficulties: Having a criminal record can make it challenging to secure housing. Many landlords conduct background checks, and a conviction might lead them to view an applicant as a potential risk.
Firearm Restrictions: A felony conviction can result in the loss of the right to own or possess a firearm.
Difficulty in Obtaining Certain Loans or Financial Aid: Some types of loans or financial aid, especially federal ones, might be unavailable to individuals with certain felony convictions.
Reputation Damage: Beyond legal and institutional consequences, being convicted of mail theft can result in personal and professional reputational damage. It might strain personal relationships or community standing.
Immigration Consequences: Non-U.S. citizens might face immigration issues, including potential deportation or difficulties in adjusting immigration status.
At Varghese Summersett, our goal is to resolve your case in a way that will not result in a criminal conviction and keep your record clean. We understand the stakes and strive to provide our clients with zealous legal representation and compassionate counsel. Contact us today to learn more about how we can help. Our experienced Dallas package theft attorneys are here to answer your questions.
Speak to a Dallas Package Theft Lawyer Today.
Facing accusations of mail theft can be nerve-wracking. But remember, an accusation is not a conviction. Our team of skilled Dallas package theft lawyers understand the nuances of Texas law and have years of experience defending individuals accused of theft, at both the state and federal level.
We’ll meticulously examine the evidence, challenge the prosecution’s case, and advocate fiercely on your behalf. From preliminary discussions to court appearances, we stand by your side every step of the way, ensuring your rights are upheld and working tirelessly to achieve the best possible outcome.
Call 214-903-4000 for a free consultation with an experienced Dallas package theft lawyer.
