AuClair Law Firm

Texas Theft Laws

THEFT 

Under the Texas Penal Code an individual commits theft when they unlawfully take property that does not belong to them with the intent to deprive the rightful owner of that property


To be considered unlawful:

  • The property is taken without the consent or permission of the owner. 
  • The property is stolen and you take the property knowing that it has been stolen by someone else. 


Punishment for theft is determined by the monetary value of the property stolen. 

  • Class C Misdemeanor: Property value of less than $100 
  • Class B Misdemeanor: Property value of  $100 or more but less than $750
    • Or the value of the property stolen is less than $100 and the person has previously be convicted of any offense level of theft; 
    • Or the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by any state. 
  • Class A Misdemeanor: $750 or more but less than $2,500
  • State Jail Felony:Property value of  $2,500 or more but less than $30,000
    • Or the value of the property stolen is less than $2,500 and the person has been previously convicted two (2) or more times of any offense level of theft; 
    • The property stolen is a firearm as defined by Section 46.01 of the Texas Penal Code.
    • No matter what the property value is, it is a state jail felony if the property is stolen from a human corpse or grave. This also includes property that is a military grave marker. 
    • Or the property is less than 10 head of sheep, swine, goats, or any part thereof under the value of $30,000.
    • The property stolen is an official ballot or official carrier envelope for an election; or
    • The vale of the property stolen is less than $20,000 and the property stolen is: aluminum; bronze; copper; or brass;  
  • Third Degree Felony: Property value of $30,000 or more but less than $150,000
    • Or the property is: cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001 Texas Agricultural Code, stolen during a single transaction and having an aggregate value of less than $150,000;  or
    • 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; 
  • Second Degree Felony: Property value of $150,000 or more but less than $300,000
    • Or the value of the property stolen is less than $300,000 and the property stolen is an Automated Teller Machine (ATM) or the contents or components of an ATM; 
  • First Degree Felony: Property value of $300,000 or more. 


Theft charges should be taken very seriously as a conviction can have a long lasting impact on your life such as being fired from your job, preventing you from obtaining a job, becoming licensed or bonded, and many other far reaching consequences. 

Criminal Defense and family law