Theft is a crime that many people might consider minor, especially if the item stolen is of low value. However, theft is taken very seriously in Texas, and the penalties can be severe.
If you were arrested or charged with any type of theft crime, you must immediately consult a Texas theft defense attorney for the best chance at a favorable outcome of your case.
Understanding Theft Charges in Texas
In Texas, the severity of a theft charge depends on the value of the stolen property. Let's break down the different levels of theft and their corresponding penalties.
Class C Misdemeanor Theft
Property theft valued at less than $100 in Texas is classified as a Class C misdemeanor, as outlined in Texas Penal Code Section 31.03(e)(1). This is the least serious level of theft charge in the state. If convicted of a Class C misdemeanor theft, you can face a fine of up to $500, as stated in Texas Penal Code Section 12.23.
While a $500 fine might seem like a relatively minor punishment compared to the more severe penalties for higher-level theft charges, any theft conviction, regardless of the value of the stolen property, will become part of your permanent criminal record. This record can have far-reaching consequences, impacting your ability to secure employment, housing, and educational opportunities in the future.
Also, a conviction for a Class C misdemeanor theft can be a stepping stone to more serious charges if you commit theft again. Repeated offenses often lead to enhanced charges and more severe penalties.
Class B Misdemeanor Theft
According to Texas Penal Code Section 31.03(e)(2), stealing property between $100 and $750 constitutes a Class B misdemeanor theft. The consequences for this level of offense are more substantial than those for a Class C misdemeanor.
If convicted of a Class B misdemeanor theft, you can face a fine of up to $2,000 per Texas Penal Code Section 12.22(2). Additionally, you can be sentenced to jail time of up to 180 days, as outlined in Texas Penal Code Section 12.22(2). This means you can spend up to six months behind bars for stealing an item worth just over $100.
The prospect of spending half a year in jail for a relatively minor theft offense might seem disproportionate, but it underscores the seriousness with which Texas treats theft crimes. A jail sentence can profoundly impact your life, potentially leading to job loss, strained relationships, and difficulty reintegrating into society upon release.
Class A Misdemeanor Theft
Theft of property valued between $750 and $2,500 is classified as a Class A misdemeanor in Texas, as stated in Texas Penal Code Section 31.03(e)(3). This level of offense carries even more severe penalties than a Class B misdemeanor.
If convicted of a Class A misdemeanor theft, you can face a fine of up to $4,000, as outlined in Texas Penal Code Section 12.21(1). Furthermore, the court can impose a jail sentence of up to one year per Texas Penal Code Section 12.21(2). A year-long jail sentence is a significant period of incarceration that can have far-reaching effects on your personal and professional life.
Beyond the immediate consequences of a fine and jail time, a Class A misdemeanor theft conviction can also have long-term repercussions. A criminal record that includes a theft offense can limit your employment prospects, as many employers are hesitant to hire individuals with a history of theft. It can also make it more difficult to secure housing, as landlords often conduct background checks on potential tenants.
Felony Theft Charges
In Texas, theft of property valued at $2,500 or more is considered a felony offense, as outlined in Texas Penal Code Section 31.03(e)(4)-(7). Felonies are the most serious category of criminal offenses, and the consequences reflect the gravity of these crimes. The specific level of felony theft charge depends on the exact value of the stolen property.
State Jail Felony Theft
According to Texas Penal Code Section 31.03(e)(4), property theft between $2,500 and $30,000 is classified as a state jail felony. If convicted of a state jail felony theft, you can face a sentence of 180 days to two years in a state jail facility, as outlined in Texas Penal Code Section 12.35(a). Additionally, you can be fined up to $10,000, as stated in Texas Penal Code Section 12.35(b).
State jail facilities are distinct from county jails and designed to house individuals convicted of felony offenses. A state jail felony conviction carries the stigma of a felony record, which can have severe and long-lasting consequences on your life.
Third-Degree Felony Theft
According to Texas Penal Code Section 31.03(e)(5), property theft between $30,000 and $150,000 is classified as a third-degree felony. The penalties for this offense are significantly more severe than those for a state jail felony.
If convicted of third-degree felony theft, you can face a prison sentence of two to ten years, as outlined in Texas Penal Code Section 12.34(a). Per Texas Penal Code Section 12.34(b), you can also face fines of up to $10,000. A decade-long prison sentence can have a devastating impact on your life, separating you from your family, friends, and community and making it extremely difficult to reintegrate into society upon release.
Second-Degree Felony Theft
Theft of property valued between $150,000 and $300,000 constitutes a second-degree felony, as stated in Texas Penal Code Section 31.03(e)(6). The consequences for this offense are even more severe than those for a third-degree felony.
If convicted of second-degree felony theft, you can face a prison sentence of 2 to 20 years, as per Texas Penal Code Section 12.33(a). You can also be fined up to $10,000, as outlined in Texas Penal Code Section 12.33(b). A 20-year prison sentence is a substantial portion of one's life, and a conviction of this magnitude can permanently alter the course of your future.
First-Degree Felony Theft
The most serious theft offense in Texas is a first-degree felony, which applies to the theft of property valued at $300,000 or more, as outlined in Texas Penal Code Section 31.03(e)(7). The penalties for a first-degree felony theft conviction are the most severe in the Texas Penal Code.
If convicted of first-degree felony theft, you can face a sentence of five to 99 years or life, as stated in Texas Penal Code Section 12.32(a). You can also face fines of up to $10,000, as outlined in Texas Penal Code Section 12.32(b). A life sentence is the ultimate deprivation of liberty, and even a sentence of several decades can effectively destroy any chance of a normal life after release.
The severe penalties for high-level felony theft convictions underscore the importance Texas places on protecting property rights and deterring individuals from committing serious theft offenses. However, even a conviction for a lower-level theft offense can have serious and long-lasting consequences on your life.
The Long-Lasting Impact of a Theft Conviction
The consequences of a theft conviction extend far beyond the initial penalties of fines and jail time. A theft conviction can follow you for the rest of your life, impacting your opportunities and relationships.
Employment Challenges
One of the most significant ways a theft conviction can impact your life is through your employment prospects. Many employers conduct background checks on potential hires; a theft conviction is a major red flag. Employers may view you as untrustworthy or a liability. They may hesitate to hire you, especially for positions that handle money or valuable assets. This can limit your job options and make advancing your career difficult.
Housing Difficulties
Finding housing can also be challenging with a theft conviction on your record. Landlords often run background checks on potential tenants to ensure they rent to responsible, law-abiding individuals.
A theft conviction can result in denial of a rental application, complicating finding a place to live. This can be especially challenging if you're trying to start over in a new city or if you have a family to house.
Educational Hurdles
Even pursuing higher education can be impacted by a theft conviction. Many colleges and universities ask about criminal history on their applications, and a theft conviction can hurt your chances of acceptance. This is especially true for competitive programs or schools. A theft conviction can also impact your ability to receive financial aid, as some scholarships and grants have character requirements.
Social Stigma
Beyond the tangible consequences, a theft conviction can also carry a heavy social stigma. After learning about your criminal record, friends, family members, and romantic partners may view you differently. They may question your trustworthiness and your character. This can strain relationships and lead to losing support from loved ones. It can be isolating and emotionally challenging to navigate these social consequences.
Seeking Help
If you're struggling with financial difficulties, resources are available to help. Look into local food banks, welfare programs, or job training initiatives. These services can support you and get you back on your feet without committing theft.
If you're dealing with a mental health issue or addiction that's driving you to steal, seek professional help. A therapist or counselor can work with you to address the underlying issues and develop coping strategies. There's no shame in asking for help, and it's a much better option than risking a theft conviction.
What to Do If You're Accused of Theft
Facing a theft accusation in Texas can be an overwhelming and frightening experience. The potential consequences of a conviction, even for a seemingly minor offense, can be severe and long-lasting. In this situation, the single most important step you can take is to seek the guidance and representation of a knowledgeable criminal defense attorney.
A skilled criminal defense lawyer can be your strongest ally and advocate as you go through the Texas legal system. A lawyer can provide you with a clear understanding of the charges against you, the potential penalties you face, and the various legal options available to you.
Your attorney will thoroughly review the evidence against you, looking for any weaknesses or inconsistencies in the prosecution's case. They will also conduct their investigation, gathering evidence and witness testimony that may support your defense. Based on this information, your lawyer will develop a comprehensive defense strategy tailored to the unique circumstances of your case.
One of the key advantages of having a criminal defense attorney on your side is their ability to negotiate with prosecutors. In many cases, your lawyer can negotiate a plea bargain, where you agree to plead guilty to a lesser charge in exchange for a reduced sentence. This option can be particularly advantageous if the evidence against you is strong and a conviction at trial seems likely.
However, if a plea bargain does not align with your best interests or you cannot agree, your attorney will vigorously advocate for you at trial. They will challenge the prosecution's evidence, cross-examine witnesses, and present a compelling case in your defense. Your lawyer's goal will be to create reasonable doubt in the jurors' minds, leading to a not-guilty verdict.
Throughout the legal process, your criminal defense attorney will guide you, explaining each step and protecting your rights. They will aid in making informed decisions about your case, providing advice and counsel based on their extensive knowledge and experience.
Trying to navigate the legal system on your own can be a risky and potentially disastrous decision. The Texas criminal justice system is complex, and the stakes in a theft case are high. Without a thorough understanding of the law and legal procedures, you may inadvertently make decisions or take actions that can harm your case and lead to more severe consequences.
Prosecutors are seasoned legal professionals who are well-versed in the law and experienced in securing convictions. Facing them without the benefit of your legal representative can put you at a severe disadvantage.
Investing in a skilled criminal defense attorney is an investment in your future. The consequences of a theft conviction can follow you for years, impacting your ability to find employment, secure housing, and pursue educational opportunities. By working with a knowledgeable lawyer, you give yourself the best possible chance of achieving a favorable outcome in your case and protecting your prospects.
If you're facing a theft charge in Texas, don't wait to seek legal help. Contact a reputable criminal defense attorney to discuss your case and build your defense immediately. Remember, you have the right to legal representation, and exercising that right can make all the difference in the outcome of your case.
Contact a Texas Criminal Defense Lawyer
Theft in Texas is a serious crime with serious consequences. A theft conviction can derail your life in countless ways, from fines and jail time to long-lasting impacts on your employment, housing, education, and relationships.
If you're facing a theft charge, don't wait. Contact a skilled criminal defense attorney today. A lawyer can be your advocate, guide, and partner in building the strongest possible defense. You can work towards the best possible outcome with the right defense counsel.