Levels of Misdemeanor Theft Charges in Texas | The Law Office of Mike Howard

While theft generally involves taking something that doesn’t belong to you, not all theft charges in Texas are equal. The value and type of property taken can impact the level of theft you are charged with. If you’re facing theft charges, it’s crucial that you understand the nature of the charges against you.

An experienced criminal lawyer from the Law Office of Mike Howard can review the charges against you and explain what is at stake. Our attorneys have over 20 years of criminal law experience and have achieved more than 120 case dismissals since 2020. Contact us today for an initial case evaluation.

Common Types of Theft in Texas

Before getting into the specific levels of theft in Texas, it’s important to understand that theft can take many different forms. The Texas Penal Code defines theft as unlawfully appropriating property with the intent to deprive the property owner. Appropriation of property is considered unlawful if it is without the property owner’s consent or the property is stolen and the defendant appropriates it knowing this.. The basic elements of a theft offense in Texas are the unlawful appropriation of the property, the lack of the owner’s consent, and the intent to deprive the owner of the property.

Some forms of theft include the following:

Theft by taking: This type of theft involves physically removing or carrying away property that belongs to someone else without their consent. It is the type of theft that most people associate with this term.

Theft of services: Services can be stolen, just as physical property can. Theft of services occurs when a person obtains services without the intent to pay for them or through fraud.

Theft by deception: Theft by deception occurs when someone uses fraud, deceit, or misrepresentation to acquire someone else’s property, such as selling counterfeit goods or using false pretenses to get the owner’s permission to be on the property.

Receiving stolen property: It is also illegal to knowingly possess or receive stolen property, even if the defendant was not directly involved in stealing the items.

Levels of Theft in Texas

There are various levels of theft in Texas. Theft can be charged as a misdemeanor or a felony. Misdemeanor theft occurs when the value of the property is relatively low, while felony theft usually involves more valuable property. The value of the stolen property largely determines the level of the offense, but the type of property unlawfully taken and any prior criminal history can also influence the charge.

Here are the different levels of theft offense in Texas:

Class C Misdemeanor

If the value of the property that was allegedly stolen was less than $100, it is charged as a Class C misdemeanor. This offense is punishable by a fine of up to $500 (no jail time).

Class B Misdemeanor

A Class B misdemeanor can be charged if any of the following apply:

The value of the property was more than $100 but less than $750.
The defendant has been previously convicted of any grade of theft.
The stolen property is a driver’s license, a commercial driver’s license, or a personal identification certificate issued by a state.

This crime is punishable by a fine of up to $2,000 and jail time of up to 180 days.

Class A Misdemeanor

The crime can be charged as a Class A misdemeanor if the stolen property was worth more than $750 but less than $2,500. This criminal offense can be penalized by a fine of up to $5,000 and a term of incarceration of up to one year in jail.

State Jail Felony

The theft can be charged as a state jail felony if any of the following facts apply:

The value of the property was more than $2,500 but less than $30,000.
The property was less than ten head of sheep, swine, or goats.
The property was stolen from someone else’s person.
The property was stolen from a human corpse or grave, including a military grave marker.
The property stolen was a firearm.
The value of the property was less than $2,500, but the defendant had at least two previous convictions for any grade of theft.
The property stolen was an official ballot or carrier envelope for an election.
The value of the property was less than $20,000 and was aluminum, bronze, copper, or brass.
The cost of replacing the stolen property was less than $30,000, and the stolen property was a catalytic converter.

A state jail felony can be punished by incarceration in a state jail facility for between 180 days and two years and a fine of up to $10,000.

Third-Degree Felony

A third-degree felony can be charged if the stolen property was worth more than $30,000 but less than $150,000, or if the property was:

Cattle, horses, or exotic livestock or fowl stolen during a single transaction with an aggregate value of less than $150,000.
Ten or more heads of sheep, swine, or goats stolen during a single transaction with an aggregate value of less than $150,000.
A controlled substance, having a value of less than $150,000 if stolen from a commercial building in which a controlled substance is generally stored or a vehicle owned or operated by a wholesale distributor of prescription drugs.

This offense carries a penalty of imprisonment of two to ten years and a fine of up to $10,000.

Second-Degree Felony

A theft can be charged as a second-degree felony if the property is more than $150,000 but less than $300,000, or the property that was stolen is an automated teller machine (ATM) or the contents.

This crime can result in a term of imprisonment of between two and twenty years and a fine of up to $10,000.

First-Degree Felony

A theft can be charged as a first-degree felony if it is worth $300,000 or more. This offense can result in imprisonment from five years to life imprisonment and a fine of up to $10,000.

How an Experienced Criminal Defense Lawyer Can Help If You Are Facing Theft Charges

An experienced criminal lawyer can do the following to aid in your defense:

Review the facts of your case
Investigate the criminal charges against you
Develop a strong defense strategy based on your particular situation
Review and challenge the evidence against you
Negotiate with the prosecution for a favorable plea bargain
Explain the potential penalties so you can make informed decisions about your criminal case

Contact The Law Office of Mike Howard for an Initial Case Review

If you are facing theft charges in Texas, you should not plead guilty. You may have viable defenses or be able to secure a more favorable plea bargain with the help of an experienced criminal defense attorney. The legal team at The Law Office of Mike Howard can provide the targeted legal advice and representation that you need during this difficult time.

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