A theft charge in Texas involves unlawfully taking someone else’s property with the intent to permanently deprive them of it. The penalties for a theft conviction vary based on the value of the stolen property. Theft of property under $100 is a Class C misdemeanor, punishable by a fine of up to $500. Theft of property valued between $100 and $2,500 is a misdemeanor, with penalties including up to one year in jail and fines. Theft over $2,500 is a felony, with sentences ranging from 180 days to 99 years in prison.
If you are currently facing a theft charge, a knowledgeable Bedford criminal defense lawyer can assess the evidence against you, determine potential legal defenses, and represent you in all legal proceedings in pursuit of the best possible result.
Elements of a Texas Theft Charge
In Texas, to convict someone of theft, the prosecutor must prove several key legal elements beyond a reasonable doubt. The main elements include:
- Theft of Property – The first requirement is that the defendant must have stolen property. In Texas, property includes anything of value, such as money, goods, or services, which means that if someone takes something without permission, it can be considered theft.
- Intentionally or Knowingly – The defendant must have taken the property intentionally or knowingly, meaning that the person must have had the purpose or awareness that they were taking property that did not belong to them. If the act was accidental, there would be no intent to commit theft, and the defendant should not be convicted.
- Without Consent – The defendant must have taken the property without the owner’s consent. If the property owner allowed the defendant to take the property, then it is not theft, regardless of the value of the property. Consent can be implied in some cases, but it must be clear that the owner did not give permission for the defendant to take the property.
- Depriving the Owner of Property – The defendant’s actions must have caused the owner to lose the property permanently or temporarily. If the defendant took the property but returned it without harm or deprivation to the owner, this condition may not meet the legal standard for theft. The prosecutor must show that the defendant took control of the property and caused the owner to lose it.
- Value of the Property – In Texas, the value of the stolen property is important because it determines the severity of the charge. Theft is classified into different degrees depending on the value of what was stolen. For example, if the property is worth less than $100, it is considered a Class C misdemeanor, whereas theft of property valued at $2,500 or more can be classified as a felony.
Penalties for a Theft Conviction in Texas
In Texas, theft is considered a serious crime, and the penalties for a conviction can vary depending on the value of the stolen property, the circumstances of the crime, and whether the defendant has any prior criminal history.
Penalties Based on Property Value:
The severity of the penalty for theft in Texas is largely based on the value of the allegedly stolen property. The Texas Penal Code categorizes theft into several classes:
- Class C Misdemeanor – If the stolen property is valued at less than $100, the offense is considered a Class C misdemeanor, the least serious category of theft. This offense is punishable by a fine of up to $500, but there is no possibility of jail time.
- Class B Misdemeanor – Theft involving property worth between $100 and $750 is classified as a Class B misdemeanor. A conviction can result in a jail sentence of up to 180 days and a fine of up to $2,000.
- Class A Misdemeanor – If the stolen property is valued between $750 and $2,500, the offense is classified as a Class A misdemeanor. A conviction for this offense can result in up to one year in county jail and a fine of up to $4,000.
- State Jail Felony – If the stolen property is worth between $2,500 and $30,000, the charge becomes a state jail felony. A conviction can lead to a prison sentence ranging from 180 days to two years in a state jail, along with a fine of up to $10,000.
- Felony (3rd Degree) – Theft of property valued between $30,000 and $150,000 is considered a third-degree felony. A conviction carries a penalty of 2 to 10 years in prison and a fine of up to $10,000.
- Felony (2nd Degree) – Theft of property valued between $150,000 and $300,000 is a second-degree felony, with penalties ranging from 2 to 20 years in prison and a fine of up to $10,000.
- Felony (1st Degree) – If the stolen property is valued at over $300,000, the offense is a first-degree felony, punishable by 5 to 99 years in prison and a fine of up to $10,000.
Other Factors Affecting Penalties:
In addition to the value of the property, other factors can affect sentencing. For example, Penalties for Theft in Texas can be more severe if the defendant has prior theft convictions or used a weapon during the theft. Certain thefts, like stealing from a person over sixty-five years old, can also lead to enhanced penalties.
Collateral Consequences of a Texas Theft Conviction
A theft conviction in Texas can lead to serious collateral consequences beyond the direct legal penalties of fines and imprisonment. These consequences can affect many areas of a person’s life, even after they have completed their sentence. Collateral consequences are the additional, often unintended, effects that stem from a criminal conviction, and they can be long-lasting.
- Employment Challenges – One of the most significant collateral consequences of a theft conviction is difficulty finding and keeping a job. Many employers conduct background checks on job applicants, and a criminal record, especially one involving theft, can make securing employment difficult. Jobs in fields like finance, banking, or retail may be particularly hard to obtain as employers may be concerned about trustworthiness and integrity. Even if the theft conviction occurred years ago, its presence on a criminal record can continue to limit job prospects.
- Loss of Professional Licenses – Certain professions in Texas require licenses to practice, such as law, medicine, or accounting. A theft conviction can result in the suspension or revocation of these professional licenses, even if the crime was not directly related to the individual’s field of work. For example, a theft conviction may make a person ineligible to work as a nurse, teacher, or attorney, potentially ending a career or making it harder to return to that profession in the future.
- Housing Issues – Having a theft conviction on your record can also make it difficult to find housing. Many landlords perform background checks before renting to tenants, and a criminal record may cause them to reject an application. This consequence is especially likely in cases where the theft was considered serious or involved violence. Individuals with theft convictions may have to settle for less desirable living situations or face higher rents.
- Loss of Civil Rights – In some cases, a theft conviction in Texas can lead to the loss of certain civil rights. For example, individuals convicted of a felony may lose their right to vote or own firearms. While some rights can be restored after serving a sentence or through legal procedures like a pardon or expungement, the process can be long and complicated.
- Social Stigma – Finally, there is often a social stigma attached to a criminal conviction, especially one involving theft. Friends, family, and community members may judge the person based on their criminal history, leading to strained relationships and social isolation.
Defenses to a Texas Theft Charge
In Texas, when facing a theft charge, a defendant has several potential legal defenses that may help to challenge the charges or reduce the severity of the case. Theft Crimes in Texas often allow for a variety of defenses that can prevent a conviction or result in a more favorable outcome. Some common defenses to theft charges in Texas include:
- Lack of Intent To Steal – One of the most important elements in a theft charge is the intent to permanently deprive the owner of their property. If the defendant did not intend to steal the property, then there is no theft. For example, if the defendant accidentally took someone else’s property without realizing it, they may argue that there was no intent to steal. As a result, the charges can be reduced or dropped entirely.
- Claim of Ownership or Permission – A defendant may claim that they had permission to take the property or that the property was rightfully theirs. If a person takes something they own or have been given permission to use, then they cannot be convicted of theft. For instance, if someone borrows an item and is wrongly accused of stealing it, they may present evidence to show that the owner allowed them to take it.
- Mistake of Fact – A mistake of fact defense occurs when the defendant takes something, believing it is theirs or that they have a right to it. For example, if someone accidentally takes the wrong bag from a public place because they mistakenly believe it is their own, they may argue that it was a misunderstanding. This defense can sometimes be effective if the mistake is reasonable and believable.
- No Evidence of Theft – A common defense to a theft charge is that there is insufficient evidence to prove the crime. The prosecution must present evidence that clearly shows the defendant took the property with the intent to steal it. If there is no physical evidence, no eyewitness testimony, or no video footage to support the theft claim, the defense can argue that the case lacks the necessary proof to sustain the charge.
- Duress or Coercion – In some cases, a defendant may claim that they were forced to commit theft due to threats or coercion. If the defendant can prove that they were under duress – such as being threatened with violence unless they stole the property – the court may reduce or dismiss the charges. However, the threat must be serious enough to overcome the defendant’s ability to make a free choice.
- Entrapment – Entrapment occurs when law enforcement officers induce someone to commit a crime they would not otherwise have committed. If a defendant can show that police coerced or manipulated them into stealing property, they may argue that they were entrapped into committing the theft.
Options If You Are Facing a Theft Charge in Texas
If you are facing a theft charge in Texas, you have several legal options to consider. These options generally fall into two categories: negotiating a plea deal with the prosecutor or taking your case to trial. Both paths come with their own advantages and risks, so it is important to carefully discuss your situation with a skilled criminal defense attorney to determine the best course of action.
Pursuing a Plea Deal:
One of the most common options in a theft case is to negotiate a plea deal with the prosecutor. A plea deal is an agreement in which you agree to plead guilty or no contest to the charges in exchange for a reduced sentence or a lesser charge. This option can be beneficial because it may lead to a more lenient penalty than if you were convicted at trial.
For example, the prosecutor may offer to reduce a felony charge to a misdemeanor or offer a lighter sentence in exchange for a guilty plea. In some cases, the prosecutor may recommend probation instead of jail time or may even drop some charges entirely. Accepting a plea deal often saves time and expense since it avoids a lengthy trial process.
However, accepting a plea deal also means admitting guilt or responsibility for the crime. Admitting guilt can have long-term consequences, including a criminal record that can affect future employment, housing, or other opportunities. Before agreeing to a plea deal, it is important to consider all aspects, including the potential long-term effects.
Taking the Case to Trial:
If you choose not to accept a plea deal, your other option is to take your case to trial. Going to trial means that a judge or jury will hear the evidence, and the prosecutor must prove beyond a reasonable doubt that you committed the theft. Your Bedford criminal defense lawyer will challenge the prosecution’s case, cross-examine witnesses, and present evidence that supports your innocence or undermines the credibility of the prosecution’s case.
Taking your case to trial can sometimes be risky, as a conviction at trial can lead to harsher penalties than those offered in a plea deal. However, it also provides the opportunity to potentially be acquitted (found not guilty) if the prosecution fails to meet its burden of proof. In some cases, a trial can also lead to a hung jury, which may result in the case being dropped or retried.
Whether you pursue a plea deal or go to trial depends on your specific case and legal strategy. Your criminal defense lawyer can assess the evidence, evaluate potential risks and rewards, and help you make an informed decision based on your goals and circumstances.
Speak with an Experienced Criminal Defense Lawyer in Texas Right Away
If you are currently facing a theft charge in Texas, a skilled Bedford criminal defense lawyer can handle every step of the process and advocate for your rights. Your lawyer will also represent you during plea deal negotiations or in court to secure the best possible result on your behalf.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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