Theft

A theft conviction is a crime of “moral turpitude” and carries lifelong consequences. Theft convictions can be used to label you as a dishonest person— preventing you from getting or maintaining certain jobs.

Theft cases can also be enhanced in Texas, which will increase the level of offense and punishment range despite the value of the item(s) in question.

Protect your reputation and your future by calling Fallon LaFleur for a free consultation.

 

Types of Theft

According to Section 31.03 of the Texas Penal Code, a person commits “theft” if they unlawfully take property that doesn’t belong to them, and if they have no intention of giving the property back to the rightful owner.

Other common theft offenses include:

  • Theft of Service

  • Theft by Check

  • Organized Retail Theft

  • Knowingly Receiving Stolen Property

The punishment and severity of the charges are dependent on the value of the property alleged to have been stolen.

Class B Misdemeanor: Item stolen is worth under $100. The punishment is up to a $500 fine.

Class B Misdemeanor: Item stolen is worth $100 or more but under $750, or is a specific item like a driver’s license or similar identification card. The punishment is up to 180 days in county jail and a $2,000 fine.

Class A Misdemeanor: Item stolen is worth $750 or more but under $2,500. The punishment is up to one year in county jail and a $4,000 fine.

State Jail Felony: Item stolen is worth $2,500 or more but under $30,000. The punishment is 180 days to two years in state jail and a $10,000 fine.

Third Degree Felony: Item stolen is worth $30,000 or more but under $150,000. The punishment is two to 10 years in prison and a $10,000 fine.

Second Degree Felony: Item stolen is worth $150,000 or more but under $300,000. The punishment is two to 20 years in prison and a $10,000 fine.

First Degree Felony: Item stolen is worth $300,000 or more. The punishment is five to 99 years in prison and a $10,000 fine.

Enhancements

In most criminal cases, prior convictions of any kind can lead to a harsher sentence. This is especially true if you are accused of being a repeat shoplifter.

In most cases, a prior theft conviction will elevate the crime to a higher punishment level despite the value of the item(s) in question. For example, if you commit a Class B misdemeanor based on the value of the item taken, but you have two prior theft convictions, you can be charged with a felony.

In addition, the penalty for a theft offense increases to the next level if 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 with 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.

It is important to higher an experienced defense attorney to help negotiate your case to the lesser offense.