Texas Theft Charges

Theft in Texas is the unlawful appropriation of property with the intent to deprive the owner. It occurs when a person takes items without consent or knowingly receives stolen goods. Charges range from Class C misdemeanors for shoplifting small items to first-degree felonies for high-value larceny. Legal consequences include prison time, significant fines, and restitution, though defenses like lack of intent or claim of right may apply.

Every state has its own set of theft laws, outlining the elements of the crime and the penalties for the offense. This is true of Texas as well.

In general, Texas law defines theft as taking property that belongs to another person with the intent of permanently depriving the owner of the property. If someone steals another person’s car or SUV and takes it to a “chop shop”, it would qualify as grand theft auto.

This article explains Texas’s theft laws, including the penalties​ and defenses to this crime. It also examines the possible defenses to theft in the State of Texas. If you’re facing theft charges and are worried about what happens next, contact a local criminal defense attorney.

How Does Texas Law Define Theft?

Under the Texas Penal Code, a person is guilty of theft​ or larceny​ when they take another person’s property with the intent to deprive them of it. In a theft case, the prosecutor doesn’t have to prove that the defendant took the property from the victim themselves. It’s sufficient to demonstrate that the defendant took property they knew to be stolen by someone else.

A person can be guilty of theft if they knowingly receive stolen property or if the circumstances would lead a reasonable person to believe the property was stolen. For example, if Joe offers to sell Mike a car valued at $25,000 for $3,000, the unusually low price and suspicious circumstances should alert Mike that the vehicle might be stolen. In this situation, Mike could be charged with theft if he purchases the car without taking reasonable steps to verify Joe’s ownership.

The value of the property doesn’t need to be large for a defendant to be guilty of theft. The property can be worth any amount, small or large.

Types of Theft and the Potential Penalties

As with many other crimes, Texas’s criminal laws classify theft crimes by degrees based on the value of the stolen property. The more valuable the property, the more serious the crime and the more severe the penalty.

According to Texas law, the levels of theft range from a Class C misdemeanor to a first-degree felony. The specific classifications for theft under the Texas Penal Code are as follows:

• Class C misdemeanor: $100 or less
• Class B misdemeanor: $100 or more, but less than $750
• Class A misdemeanor: $750 or more, but less than $2,500
• State jail felony: $2,500 or more, but less than $30,000
• Third-degree felony: $30,000 or more, but less than $150,000
• Second-degree felony: $150,000 or more, but less than $300,000
• First-degree felony: $300,000 or more

The penalties for theft range from a fine of no more than $500 (for a “Class C” misdemeanor), up to 99 years in prison and $10,000 in fines for felony theft. During sentencing, the judge will consider the value of the stolen property, the defendant’s criminal history, and whether the defendant used a deadly weapon during the commission of the offense. In addition to jail time and fines, a person guilty of theft will likely also have to pay restitution to the victim.

The courts also impose enhanced penalties for cases where specific circumstances exist. For example, if the victim is a public servant, the penalties are more severe. The same is true for defendants who commit theft against government programs, such as Medicare and Medicaid.

Defenses to Theft Crimes

After your Texas criminal defense attorney reviews the state’s evidence, they’ll start to craft your defense strategy. The goal is to either convince the prosecutor to dismiss the criminal charges or negotiate a favorable plea bargain. This way, you may be able to avoid jail time or a prison sentence, as well as significant fines.

A few common defenses to theft​ include:

• Lack of intent: The state must demonstrate that you intended to keep or permanently deprive the victim of their property. If you simply forgot to return the victim’s property or only intended to borrow the item(s), the prosecutor will have a difficult time securing a theft conviction.
• Mistake of fact: Your attorney may be able to prove that you took property mistakenly believing it belonged to you or that you had permission to take it. For example, if you took someone’s jacket from a restaurant coat rack thinking it was yours, this could serve as a defense.
• Duress​: This is a defense to many crimes. If someone forced you to commit a theft, your attorney may be able to secure an acquittal.
• Consent: You can’t steal something you were allowed to take. If you can prove the victim gave you permission to take the property, the state will have to dismiss the charges.
• Claim of ownership: If you can demonstrate that you own the property in question, the state will have to dismiss the theft charges. You cannot steal your own property.
• Claim of right: The state should dismiss or reduce the charges if you can demonstrate that you honestly believed you had a right to the property. Your criminal defense attorney must prove that you had a good faith and honest belief that the property was yours or that the owner agreed for you to take the property. This defense addresses the intent element of theft, as you cannot intend to deprive someone of property if you genuinely believe it belongs to you.

Entrapment​ is an affirmative defense to a theft offense in Texas. You’ll have to prove that law enforcement induced the theft.

Factors That May Reduce Penalties

While the following are not legal defenses that eliminate criminal liability, they may influence the severity of charges or sentencing:

• Valuation issues: While a discrepancy in the property’s value may not convince the prosecutor to dismiss the charges, it can affect the classification of the offense. For example, if the state initially charges a defendant with a state jail felony based on a claimed value of $10,000, but the property is actually worth only $400, the charges would need to be reduced to a Class B misdemeanor theft.
• Return of property: If you have already returned the allegedly stolen property to the owner, your defense lawyer can request a reduced sentence. Voluntary return of property demonstrates acceptance of responsibility and may be viewed favorably during plea negotiations or sentencing.

Other mitigating factors may apply.

Seek Legal Advice From an Experienced Texas Criminal Defense Attorney

A conviction of theft can carry serious consequences, whether it involves shoplifting, petty theft, or receiving stolen property. Not only will you face a jail or prison sentence, but you’ll also have to pay fines and restitution. If you or someone you love is grappling with a theft/larceny charge in Texas, it’s a good idea to get in touch with a local criminal defense attorney​ to learn more about the charges and find out your options moving forward.