Simone Lawson
Theft is a serious crime in Texas, and the penalties for felony theft are severe and can include fines, imprisonment, and long-lasting effects on your personal and professional life. The threshold at which theft becomes a felony in Texas is $2,500, with harsher punishments for higher-value thefts. This threshold also varies depending on the type of property stolen. For example, theft of a firearm or a driver's license is considered a felony regardless of value. Understanding the legal definition of theft, the various types of theft, and the specific laws in Texas is essential for citizens and visitors alike.
| Characteristics | Values |
|---|---|
| Classification of theft as a felony in Texas | Stolen property valued at $2,500 or more |
| State jail felony theft | Stolen property valued between $2,500 and $30,000 |
| Third-degree felony theft | Stolen property valued between $30,000 and $150,000 |
| Second-degree felony theft | Stolen property valued between $150,000 and $300,000 |
| First-degree felony theft | Stolen property valued at $300,000 or more |
| State jail felony theft fine | Up to $10,000 |
| Third-degree felony theft fine | Up to $10,000 |
| Second-degree felony theft fine | Up to $10,000 |
| First-degree felony theft fine | Up to $10,000 |
| Class C misdemeanor theft | Stolen property valued at less than $100 |
| Class C misdemeanor theft fine | Up to $500 |
| Class B misdemeanor theft | Stolen property valued between $100 and $750 |
| Class B misdemeanor theft fine | Up to $2,000 |
| Class A misdemeanor theft | Stolen property valued between $750 and $2,500 |
| Class A misdemeanor theft fine | Up to $4,000 |
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What You'll Learn
- Theft of items valued between $2,500 and $30,000 is a state jail felony
- Stealing firearms or from a nonprofit is a state jail felony
- A second-degree felony is for stolen property valued between $150,000 and $300,000
- First-degree felony charges apply to thefts of $300,000 or more
- Misdemeanours can be upgraded to felonies in certain circumstances
Theft of items valued between $2,500 and $30,000 is a state jail felony
Texas law defines theft as when a person unlawfully appropriates property with the intent to deprive the owner of it. This includes a wide range of unlawful conduct, such as embezzlement, extortion, swindling, and receiving stolen property. Theft offenses may be misdemeanors or felonies, depending on the value of the stolen property.
In Texas, theft becomes a felony when the value of the stolen property exceeds $2,500. The degree of the felony depends on the amount of the theft, with harsher punishments for higher-degree felonies. Theft of items valued between $2,500 and $30,000 is a state jail felony, which is the least severe degree of felony charge in Texas.
State jail felonies are punishable by up to $10,000 in fines, imprisonment ranging from 180 days to two years, or both. The prison time for a state jail felony is served in a state jail facility rather than a traditional prison. A state jail felony can be bumped up to a third-degree felony if the defendant used a deadly weapon or had a previous felony conviction.
Theft of items valued between $30,000 and $150,000 is a third-degree felony, punishable by a fine of up to $10,000 and imprisonment ranging from two to ten years. A second-degree felony charge is warranted for theft of items valued between $150,000 and $300,000, with potential imprisonment of two to twenty years. If the item is valued at over $300,000, it becomes a first-degree felony, with potential imprisonment of five years to life.
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Stealing firearms or from a nonprofit is a state jail felony
Texas classifies theft offenses according to the value of the stolen property or services. Theft is a felony of the first degree if the value of the stolen property or services is $300,000 or more. The punishment for a first-degree felony is a fine of not more than $10,000, imprisonment ranging from 5 to 99 years, or both.
However, stealing firearms or from a nonprofit organization is a state jail felony, regardless of the value of the stolen property. Theft of a firearm is punishable by up to 2 years in jail and fines up to $10,000. For those with prior felony convictions, the penalties may be enhanced, leading to longer sentences and higher fines.
Theft offenses may also be bumped up to the next offense level if any of the following are true:
- The stolen property was a catalytic converter, and the defendant possessed a firearm during the offense.
- The stolen property was under the control of a public servant (including government contractors), a Medicare provider, or a nonprofit organization.
- The owner of the property was a person age 65 or older.
- In committing the offense, the offender caused the fire alarm to go off or prevented it from going off.
Texas law defines "theft" as when a person unlawfully appropriates property with the intent to deprive the owner of it. Theft charges can include anything from shoplifting to large-scale organized crime involving significant amounts of money or property.
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A second-degree felony is for stolen property valued between $150,000 and $300,000
In Texas, theft is a serious crime that can carry severe penalties, including fines and imprisonment. The penalties for theft in Texas vary depending on the value of the stolen property and the circumstances of the crime. Texas law defines "theft" as the unlawful appropriation of property with the intent to deprive the owner of it.
Theft becomes a felony in Texas when the stolen property is valued at $2,500 or more. The degree of felony depends on the value of the stolen property. A second-degree felony is for stolen property valued between $150,000 and $300,000. This felony carries serious penalties, including imprisonment of two to twenty years and a fine of up to $10,000.
In addition to the value of the stolen property, other factors can also elevate a theft offense to a felony. These factors include the nature of the property stolen, such as firearms or controlled substances, and the "victim" involved. For example, theft from a nonprofit organization or a person over the age of 65 can result in felony charges.
It is important to note that felony theft charges can have long-lasting consequences on an individual's personal and professional life. If facing felony theft charges, it is recommended to seek legal representation to understand your legal options and build a defense strategy.
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First-degree felony charges apply to thefts of $300,000 or more
In Texas, theft is defined as the "unlawful appropriation of property with the intent to deprive the owner of it". This definition covers a broad range of unlawful conduct, including embezzlement, extortion, swindling, shoplifting, and receiving stolen property. The penalties for theft in Texas vary depending on the value of the stolen property, the circumstances of the crime, and the offender's criminal history.
First-degree felony charges, the most severe category of felony charges in Texas, apply to thefts of $300,000 or more. The punishment for a first-degree felony includes a fine of up to $10,000, imprisonment ranging from 5 to 99 years, or both. It is highly recommended that individuals facing such charges seek the assistance of an experienced criminal defense lawyer to navigate the legal process and develop a strong defense strategy.
Theft offenses in Texas are classified based on the value of the stolen property, with penalties ranging from misdemeanors to first-degree felonies. Theft of property valued at less than $100 is considered a Class C misdemeanor, punishable by a fine of up to $500. As the value of the stolen property increases, the charges escalate accordingly. For property valued between $100 and $750, the offense becomes a Class B misdemeanor, punishable by a fine of up to $2,000 and/or up to 180 days in jail. When the value of the stolen property reaches $2,500, the offense is classified as a state jail felony, with potential penalties of up to $10,000 in fines and 180 days to two years in a state jail facility.
It is important to note that, in addition to the value of the stolen property, certain types of property or circumstances can elevate the severity of the charges. For example, theft involving controlled substances, firearms, or theft from a nonprofit organization can result in enhanced charges, such as a third-degree felony or higher. The presence of aggravating factors, such as the use of a deadly weapon or prior felony convictions, can further increase the degree of the felony and the associated penalties.
Theft is a serious offense in Texas, carrying significant consequences that can impact an individual's life even after serving their sentence. Understanding the charges and seeking legal representation is crucial for anyone facing felony theft accusations.
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Misdemeanours can be upgraded to felonies in certain circumstances
In Texas, theft becomes a felony when the value of the stolen property exceeds $2,500. The degree of felony depends on the amount stolen. For instance, theft of items valued between $30,000 and $150,000 is a felony that warrants between two and ten years in prison.
However, misdemeanours can be upgraded to felonies in certain circumstances. For example, a second-degree felony can sometimes be upgraded to a first-degree felony. A third-degree felony will be upgraded to a second-degree felony if any of the following are true:
- The stolen property was a catalytic converter and the defendant possessed a firearm during the offence.
- The stolen property was under the control of a public servant, including government contractors.
- The owner of the property was a person aged 65 or older, or the property belonged to a nonprofit organisation.
- The stolen property was under the control of a Medicare provider.
- The offender caused the fire alarm to go off or prevented it from going off.
In addition, theft involving controlled substances—especially from a pharmacy or hospital—can elevate the crime to a third-degree felony or higher, depending on the circumstances. Theft of a firearm is automatically classified as a state jail felony, regardless of its value.
In Texas, drunk driving can be classified as a misdemeanour or a felony, depending on the circumstances. For example, a drunk driver who causes an accident with injuries and property damage may be charged with a felony.
Other factors that can influence the classification of misdemeanours and felonies include the nature of the crime, history of the defendant, and other circumstances of the case. Mitigating sentencing considerations may also apply to any given case, which might alter the punishment specified by the sentencing guidelines.
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Frequently asked questions
In Texas, theft becomes a felony when the value of the stolen property exceeds $2,500. The degree of felony depends on the amount of theft.
Felony theft can result in harsher punishments compared to misdemeanors. These punishments include fines, jail time, or both. Fines can be as high as $10,000, and jail time can range from several months to life imprisonment, depending on the degree of the felony.
Examples of felony charges in Texas include:
- State jail felony: The least severe degree of felony, punishable by up to two years in jail and a fine of up to $10,000.
- Third-degree felony: More severe than a state jail felony, punishable by two to ten years in jail and a fine of up to $10,000.
- Second-degree felony: An even more severe crime, punishable by two to twenty years in jail and a fine of up to $10,000.
- First-degree felony: The most severe felony, punishable by five years to life imprisonment and a fine of up to $10,000.
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