In Texas, the crime of theft is committed when a person takes anything that does not belong to them without consent or legal justification, while having no intentions at the time of the offense to return the property to its owner. However, the severity of the theft charge depends on the theft committed. Grading theft offenses in Texas follows classifications determined by the value of the stolen property.
On This Page
Below, we cover the various theft offenses and what each level may mean for a person charged with it.
Grading Theft Offenses in Texas
There are several levels of theft offenses under Texas law. Each level depends on the value of the stolen property, and sometimes the type of property. These levels range from classes of misdemeanor to felonies, which we cover below.
Misdemeanor Theft
There are a few levels of misdemeanor theft:
- Class C Misdemeanor Theft. Property or services stolen that are valued at less than $100 is charged as a class C misdemeanor. Punishment includes a fine of up to $500 and does not involve jail time.
- Class B Misdemeanor Theft. Property or services stolen that are valued at $100 or more but less than $750 is charged as a class B misdemeanor. Punishment includes a fine of up to $2,000 and the possibility of up to 180 days in jail.
- Class A Misdemeanor Theft. Property or services stolen that are valued at $750 or more but less than $2,500 is charged as a class A misdemeanor. Punishment includes a fine of up to $4,000 and the possibility of up to one year in jail.
Felony Theft
After the value of stolen property reaches $2,500 it is considered a felony. While each felony theft level has the same possible fine of up to $10,000, possible jail time varies. The levels of felony theft are:
- State Jail Felony. Property stolen and valued at $2,500 or more but less than $30,000, or stolen firearms and livestock are charged as a state jail felony. Punishment includes the fine and between 180 days to two years in a state jail.
- Theft in the Third Degree. Property stolen and valued at $30,000 or more but less than $150,000 is charged as theft in the third degree. Punishment includes the fine and between two to ten years in jail.
- Theft in the Second Degree. Property stolen and valued at $150,000 or more but less than $300,000 is charged as theft in the second degree. Punishment includes the fine between two to 20 years in jail.
- Theft in the First Degree. Property stolen and valued at $300,000 or more is charged as theft in the first degree. Punishment includes the fine and between five to 99 years in jail.
Other Factors That Affect Theft Charges
The value of the stolen property is just one part of the equation. In Texas, several other factors can elevate a theft charge to a more serious offense — even when the dollar amount is relatively low.
Who the Theft Was Committed Against:
- Elderly victims (age 65 or older): Charges can be increased by one level.
- Nonprofit organizations: Theft from a charity or nonprofit is treated more severely.
- Public servants: If the defendant was a public servant using their role to commit theft, penalties are enhanced.
Type of Property Stolen:
- Firearms: Always charged as a state jail felony, regardless of value.
- Metals like copper, bronze, aluminum, or brass: Felony charges may apply even for lower-value theft.
- Controlled substances: If stolen from a hospital, pharmacy, or other licensed facility, charges may escalate to a third-degree felony.
- ATMs: Stealing an ATM or its contents under $300,000 is considered a second-degree felony.
Repeat Offenders:
- If someone has two or more prior theft convictions, they may face felony charges for what would otherwise be a misdemeanor.
Use of Theft Detection Devices:
- Using tools to block or remove security tags, or tampering with fire exits, can lead to additional charges or enhanced penalties.
If you’ve been charged with theft in Houston or Harris County, it’s important to speak with an experienced criminal defense attorney right away. Even a seemingly minor charge can carry long-term consequences if enhancements apply.
Frequently Asked Questions About Theft Offenses in Texas
Will a theft conviction show up on a background check?
Yes. A theft conviction — even a misdemeanor — can appear on background checks and may affect employment, housing, or professional licensing.
Can theft charges be dropped or reduced?
It’s possible, depending on the circumstances. Your attorney may negotiate a reduction or get the case dismissed depending on the evidence, the amount involved, and your criminal history. Diversion programs may also be an option in some Harris County courts.
How strong is fingerprint evidence in a theft case?
Fingerprint evidence can play a major role in theft investigations, but it’s not always conclusive. Prints can be smudged, partial, or located in places that don’t prove you committed a crime. There are also ways to challenge the reliability of how the evidence was collected or analyzed.
Learn more about how fingerprint evidence is used in theft cases
What is aggregate theft, and how can it affect my case?
Aggregate theft occurs when multiple thefts are combined into one charge based on a shared plan or ongoing conduct. This can significantly increase the value involved, which may raise a misdemeanor to a felony
What is the statute of limitations for theft in Texas?
Generally the statute of limitations for theft in Texas depends on whether the offense is charged as a misdemeanor or a felony.
– For misdemeanor theft, the statute of limitations is 2 years from the date of the alleged offense.
– For felony theft, the statute of limitations is generally 5 years.
These deadlines mean prosecutors must file charges within that timeframe — or the case may be dismissed. However, there are exceptions. It’s important to speak with a defense attorney to understand how the statute of limitations may apply to your specific case.
Get More Information from a Criminal Defense Attorney
It’s normal to be worried and confused after you have been charged with a misdemeanor or felony, Lisa Shapiro Strauss Attorney At Law is here for you, offering aggressive representation and protection of you and your records. We have 25 years of experience in criminal representation.
For more information about theft offenses in Texas or to schedule a free consultation, call us at 713-449-9922.
