What is the definition of Theft in Texas?

Texas Penal Code Section 31.03.Texas Theft Legal Definition.
(a)(1)A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b)Appropriation of property is unlawful if:

(b)(1)It is without the owner's effective consent;

(b)(2)The property is stolen and the actor appropriates the property knowing it was stolen by another; or

(b)(3)Property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

What are examples of Theft charges in Texas?

The Texas theft law covers a wide range of crimes. It includes:

  • Shoplifting;
  • Writing hot checks;
  • Stealing cars;
  • Swindles;
  • Fraud;
  • Embezzlement; and
  • Stealing computers, phones, or tables from stores.

What is misdemeanor theft in Texas?

If the amount stolen is less than $2,500.00, then it is a misdemeanor crime in Texas. Plus, there are three types of misdemeanor theft. They are:

  • Class C Theft. The amount stolen is less than $100.00;
  • Class B Theft. The amount stolen is $100.00 or more, but less than $750.00; and
  • Class A Theft. The amount stolen is $750.00 or more, but less than $2,500.00.

What is felony theft in Texas?

If the amount stolen is $2,500.00 or more, then it is a felony in Texas. Also, felony theft is divided into the following groups:

  • State Jail. The amount stolen is $2,500.00 or more, but less than $30,000.00.;
  • Third Degree. The amount stolen is $30,000.00 or more, but less than $150,000.00;
  • Second Degree. The amount stolen is $150,00 or more, but less than $300,000; and
  • First Degree. The amount stolen is $300,000.00 or more.

What are the penalties for Theft in Texas?

Classification of Theft Offenses in Texas.Amount Stolen.Jail Time.
Class C Misdemeanor.Less than $100.00.
A fine no to exceed $500.00.

Class B Misdemeanor.$100.00 or more but less than $750.00.(1) A fine not to exceed $2,000.00;

(2) Up to 180 days (6 months) in jail; or

(3) Both a fine and jail time.

Class A Misdemeanor.$750.00 or more but less than $2,500.00.(1) A fine not to exceed $4,000.00;

(2) Up to one year in jail; or

(3) Both a fine and jail time.

State-Jail Felony.$2,500.00 or more but less than $30,000.00.(1) A fine of up to $10,000.00;

(2) Between 180 days (6 months) and 2 years in State Jail; or

(3) Both a fine and jail time.

Third-Degree Felony.$30,000.00 or more but less than $150,000.00.(1) A fine of up to $10,000.00;

(2) Between 2 and 10 years in the Texas Department of Criminal Justice (TDC); or

(3) Both a fine and jail time.

Second-Degree Felony.$150,000.00 or more but less than $300,000.00.(1) A fine of up to $10,000.00;

(2) Between 2 and 20 years in the Texas Department of Criminal Justice (TDC); or

(3) Both a fine and jail time.

First-Degree Felony.$300,000.00 or more.(1) A fine of up to $10,000;

(2) Between 5 years and life or 99 years in the Texas Department of Criminal Justice (TDC); or

(3) Both a fine and jail time.

Is theft of a firearm a felony in Texas?

Yes. Texas law makes it a felony to steal a gun. The penalty for stealing a gun is:

  • State-Jail Felony;
  • It carries between 180 days (6 months) and up to 2 years in state jail; and
  • It carries a fine of up to $10,000.00.

San Antonio Theft Charges Criminal Defense.

Theft charges can lead to jail time and a criminal record. Plus, a theft case may hurt you when you search for a job. Worse yet, if you are not a citizen, then a theft charge can cause you to lose your ability to stay in the country. For these reasons, if you are charged with a theft crime, then you should speak to a qualified defense attorney to discuss your options.

Law Office of Genaro R. Cortez, P.L.L.C.

730 West Hildebrand Avenue
Suite 2,
San Antonio, Texas 78212
Phone: 210-733-7575
Fax: 210-733-7578
Email: genaro.cortez@cortezlawyer.org