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.
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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 $50 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 $50 or more but less than $500 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 $500 or more but less than $1,500 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 $1,500 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 $1,500 or more but less than $20,000, 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 $20,000 or more but less than $100,000 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 $100,000 or more but less than $200,000 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 $200,000 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
In addition to the amount stolen, there are a few other factors that can influence the level of offense a person is charged with in a theft case.
Prior Convictions: If the accused has a prior theft conviction, the charge may be bumped up to the next level. For example, if you are charged with a state jail felony but have one prior theft conviction, your charge may be elevated to a 3rd degree theft charge. Two or more convictions can potentially result in a charge being elevated by two levels.
Public Servants: If the accused is a public servant or has a contractual relationship with the government and the theft was related to this capacity, then the charge may be elevated to the next level.
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.
