Texas's general theft law covers a broad range of crimes, including embezzlement, extortion, swindling, and receiving stolen property. A person can steal personal property, real estate property, documents, and services.
Like most states, 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. Penalties range from a misdemeanor to a first-degree felony.
In addition to possible imprisonment, a judge can order an offender to pay restitution to the victim, (for losses resulting from a theft) fines, and more.
A theft is a class C misdemeanor if the value of the stolen property or services is less than $100.
The punishment for a class C misdemeanor includes a fine up to $500 but does not involve any jail time.
A theft is a Class B misdemeanor if:
The value of the stolen property or services is $100 or more but less than $750
The value of the stolen property is less than $100, and it's the defendant's second or subsequent theft offense, or
The stolen property is a driver's license or another identification card. (Often times, the State will upgrade these charges to fraud)
The punishment for a class B misdemeanor can include a fine of no more than $2,000, imprisonment for no more than 180 days, or both.
A theft becomes a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500.
The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both.
Theft is a state jail felony if:
The stolen property or services is valued at $2,500 or more but less than $30,000
The value of the stolen property is less than $2,500, and it's the defendant's third or subsequent theft offense
The property is stolen from another person, a human corpse, or grave, or
The stolen property is a firearm, an election ballot, or certain livestock or metals.
The punishment for a state jail felony theft can include a fine of no more than $10,000, imprisonment ranging from 180 days to two years, or both. A state jail felony will automatically go up to a third-degree felony if the defendant used a weapon during the commission of the crime or has had a previous felony conviction.
Theft is a felony of the third degree if:
The value of the stolen property or services is $30,000 or more but less than $150,000
The stolen property is certain types of livestock valued at less than $150,000, or
The property is a controlled substance valued at less than $150,000 and was stolen from a commercial building where controlled substances are generally stored.
The punishment for a third-degree felony is a fine of no more than $10,000, imprisonment ranging from two to ten years, or both.
Theft is a felony of the second degree if:
The value of the stolen property or services is $150,000 or more but less than $300,000, or
The stolen property is an ATM or its contents valued at less than $300,000.
The punishment for a second-degree felony is a fine of not more than $10,000, imprisonment ranging from two to 20 years, or both.
Theft is a felony of the first degree if the value of the stolen property or services is $300,000 or more.
The punishment for a first-degree felony is a fine of not more than $10,000, imprisonment ranging from five to 99 years, or both.
The penalty for a theft offense increases to the next offense level (for example, a third-degree felony goes up to second-degree felony) if the State thinks any of the following are true:
The stolen property was under the control of a public servant
The stolen property was under the control of someone in a contract relationship the government
The owner of the property was a person age 65 or older or a nonprofit organization
The stolen property was under the control of a Medicare provider, or
In committing the offense, the offender caused the fire alarm to go off or prevented it from going off.
Beyond just the criminal penalties, a conviction could also hurt your ability to get a job, secure a loan, and more in the future. It could also enhance the sentencing for any future crimes you may be accused of. You must have a Houston Criminal Defense Attorney who is ready to mount an aggressive defense on your behalf. If you have been charged with any theft in Harris County contact Attorney Emily Shelton.
Address:
405 Main St
Suite 602
Houston, Texas 77002
Phone:
832.888.2803
Fax:
712.224.3111
Email:
emily@esheltonlaw.com