Walk It Through: The Jacket
The value sets the class, an arrest for an offense in view, and a citation for a Class B.
A college student walks out of a department store wearing a jacket that was never paid for, and an officer standing by the exit sees it.
Two things a person in this spot might do. Picking one shows what the law says about it.
One jacket and one charge. Clearing the record afterward, felony theft, and theft from the person are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Class C misdemeanorThe lowest offense level, for which the Penal Code sets a fine of up to $500.
- MagistrateThe judicial officer an arrested person goes before without unnecessary delay and no later than 48 hours after the arrest, who tells the person the accusation and the rights that follow, among them the right to counsel and the right to remain silent.
- State jail felonyThe felony level below third degree: 180 days to two years in a state jail, and a fine of up to $10,000.
- TheftUnlawfully appropriating property with intent to deprive the owner of it, which is unlawful without the owner's effective consent, or when the property is stolen and known to be. The class follows the value taken.
- Breach of the peaceThe one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.
- Family violenceAn act by a member of a family or household against another member intended to result in physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of it. It also includes child abuse and dating violence.
- Probable causeWhat a magistrate has to be satisfied exists, on sufficient facts set out in a sworn affidavit, before any search warrant may issue.
- Protective orderThe order a court renders after finding that family violence has occurred, effective for the period it states, up to two years.
- Search warrantA written order issued by a magistrate to a peace officer. None may issue unless sufficient facts first satisfy the magistrate that probable cause exists, on a sworn affidavit, and most search warrants are executed within three whole days.