Theft Charges: How Serious Are They? A Former Prosecutor Breaks Down The Law!
How Texas Law Defines Theft
Texas law defines theft as taking property, services, or anything of value with the intent to permanently deprive the owner of the property. Selling or receiving goods that you know to be stolen is also defined as theft.
In Texas, failure to perform an affirmative act that proves the item being sold or transferred is not stolen could also be considered theft. For example, if you buy a car, you need to ask for a properly executed certificate of title to verify that it isn’t stolen. Neglect to do this and it’s possible that you’ll face theft charges - even if you’re unaware that the car is stolen.
Criminal Penalties for Theft
Like other states, Texas classifies theft offenses by the value of the property or services stolen, with enhanced penalties for certain types of property such as livestock and firearms. The below criminal penalties are used as sentencing guidelines for theft crimes.
Class C Misdemeanor Theft
Theft is classified as a Class C misdemeanor if the value of the property or services taken is less than $50. This is punishable by a fine of up to $500 and does not involve any jail time.
Class B Misdemeanor Theft
Theft is classified as a Class B misdemeanor if the value of the stolen property or services is between $50 and $499, or if the stolen property is a driver’s license or other form of identification. This is punishable by up to 180 days in jail and/or a fine of up to $2,000.
Class A Misdemeanor Theft
Theft is considered a Class A misdemeanor if the value of the stolen property or services is between $500 and $1,499. This is punishable by up to one year in jail and/or a fine of up to $4,000.
State Jail Felony Theft
Theft is considered a State Jail felony if the value of the stolen property or services is between $1,500 and $19,999. Additionally, theft is automatically a State Jail felony if the stolen property is a firearm or certain types of livestock valued at under $20,000. This is punishable by 180 days - 2 years in state jail and a fine of up to $10,000.
Third-Degree Felony Theft
Theft is considered a Third-degree felony if the stolen property is valued between $20,000 and $99,999, or certain types of livestock valued at under $100,000. This is punishable by 2-10 years imprisonment and a fine of up to $10,000.
Second-Degree Felony Theft
If the value of the stolen property is between $100,000 and $199,000, theft is classified as a Second-degree felony. This is punishable by 2-20 years imprisonment and a fine of up to $10,000.
First-Degree Felony Theft
Theft is considered a First-degree felony in Texas if the value of the stolen property or services is $200,000 or more. This is punishable by 5-99 years imprisonment and a fine of up to $10,000.
Possible Defenses for Theft in Texas
When seeking to have a theft charge dismissed in Texas, it is critical to examine a few legal defenses that may provide you leverage in your negotiations:
Value
One of the best ways to negotiate a felony theft charge down to a lesser misdemeanor theft charge is to argue the value of the item allegedly stolen. What is it truly worth? Have the estimates been inflated? Is the value being based solely upon the word of the alleged victim? Is the alleged victim attempting to add sentimental value to the item that would not hold up in the marketplace? These are all valid questions to explore in your theft defense and should be discussed with your criminal attorney.
Remember, if the value of the item is supposedly $3,000 but reasonable doubt can be created showing the item may be worth less than $2,500, you have now created a possible opportunity to lower the charge to a misdemeanor theft.
No Intent To Permanently Deprive The Owner
Can the State of Texas prove beyond a reasonable doubt that you were intending to permanently deprive the owner of the property? Were you borrowing the item? Is there a history of you and the alleged victim allowing each other to borrow items from each other in the past? Maybe there are emails or text messages establishing the alleged victim knew you were going to use the item or were in possession of the item. All these concerns are vital in creating reasonable doubt in your theft defense.
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00:00 How Serious Are Theft Charges In Texas
00:34 Theft Consequences
01:05 What Is Theft?
02:07 Types of Theft
02:31 Consequences & Punishments of Theft
05:00 How To Avoid Theft Conviction?
06:39 How To Get The Charge Off Your Record
07:42 Defenses To A Theft Charge
09:01 What To Do If You’re Facing A Theft Charge