THEFT

What is Theft under Texas law? 

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Under Texas Law, a person commits theft if the person “unlawfully appropriates property with intent to deprive the owner of property” (Texas Penal Code §31.03). Texas classifies its theft offenses according to the value of the stolen property or services, and in some instances, by the type of property taken. 

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Ranges of Penalties for Theft under Texas Law. 

Class C Misdemeanor Theft

In Texas, Theft is a class C misdemeanor if the value of the property or services stolen is less than $50 (Texas Penal Code §31.03(e)(1)(A)) and the punishment is a fine of no more than $500 and does not involve any jail time (§12.23).

Class B Misdemeanor Theft

Theft is a class B misdemeanor if the value of the property or services stolen is $50 or more but less than $500, or if the property stolen is a driver's license or other identification card (§ 31.03(e)(2)). The punishment for a class B misdemeanor is a sentence of confinement in jail for a term of not more than 180 days a fine of not more than $2,000, or both (§12.22).

Class A Misdemeanor Theft

Theft is a class A misdemeanor if the value of the property or services stolen is $500 or more but less than $1,500 (§31.03(e)(3)). The punishment for a class A misdemeanor is a sentence of confinement in jail for a term of no more than one year, a fine of not more than $4,000, or both (§12.21).

State Jail Felony Theft

Theft is a state jail felony if the value of the property or services stolen is $1,500 or more but less than $20,000, or if the property is of a specific type, such as a firearm or certain livestock valued at less than $20,000 (§31.03(e)(4)). The punishment for a state jail felony is incarceration ranging from 180 days to two years, plus a fine not to exceed $10.000 (§12.35).

Felony of the Third Degree Theft

Theft is a felony of the third degree if the value of the property or services stolen is $20,000 or more but less than $100,000, or of the property is of a specific type, such as certain livestock valued at less than $100,000 (§ 31.03(e)(5)). The punishment for a felony of the third degree is incarceration ranging from two to ten years of imprisonment and a fine not to exceed $10.000 (§12.34).

Felony of the Second Degree Theft

Theft is a felony of the second degree if the value of the property or services stolen is $100,000 or more but less than $200,000 (§31.03(e)(6)). The punishment for a second degree felony is two to 20 years of imprisonment and a fine not to exceed $10.000 (§12.33).

Felony of the First Degree Theft

Theft is a felony of the first degree if the value of the property or services stolen is $200,000 or more. (§31.03(e)(7)). The punishment for a felony of the first degree is five to 99 years of imprisonment in the Texas Department of Criminal Justice and a fine not to exceed $10.000 (§12.32).

Effect of Prior Theft Convictions 

In Texas, if a person has one prior conviction for any level of theft, any theft that the person later commits, involving property or services valued at less than $50, will become a Class B misdemeanor rather than a Class C misdemeanor (§31.03(e)(2)(B)).

If a person has two or more prior convictions for any level of theft, any theft that the person later commits, involving property or services valued at less than $1,500, will become a state jail felony rather than a Class B or Class A misdemeanor (§ 31.03(e)(4)(D)). 

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What do I do if I have been charged with theft in Houston or Sugar Land?

If you have been charged with theft in the Houston Metro area, you need to schedule a consultation with an experienced Houston or Sugar Land attorney to explain your charges and advocate on your behalf. You do have choices, but the first choice is hiring counsel to help you.