There isn’t much question over what counts as
theft and what does not. Obviously, “theft” is another word for
“stealing,” taking something without permission, or permanently
depriving someone of their personal property.
In Texas, theft-related offenses are all lumped into “offenses against
Title 7, Chapter 31 of the Texas Penal Code. Under this Chapter, to “steal” means
to “acquire property or service by theft.”
Under Texas law, shoplifting, retail theft, auto theft, and all other theft-related
offenses are covered under Title 7, Chapter 31, Theft, of the Texas Penal
Code. The penalties for theft depend on the value of goods or services stolen.
An offense of theft is a:
Class C misdemeanor if the property is worth less than $100.
Class B misdemeanor if the property is worth $100 to $749.
Class A misdemeanor if the property is worth $750 to $2,499.
A state jail felony if the stolen property is worth $2,500 or more, but under $30,000.
A felony of the third degree if the stolen property is worth $30,000 or more, but under $150,000.
A felony of the second degree if the stolen property is worth $150,000 or more, but under $300,000.
A felony of the first degree if the stolen property is worth more than $300,000.
shoplifting offenses are Class B and C misdemeanors, whereas
auto theft is typically a state jail felony or a felony of the third degree.
In certain situations, a theft offense is elevated to the
next higher offense if: 1) the offender was a public servant at the time they committed the
offense and the property came into their custody (e.g. a police officer
stealing seized evidence), 2) the victim was an elderly person, or 3)
the victim was a nonprofit organization.
If you are facing theft-related charges, we urge you to
contact The Zendeh Del Law Firm, PLLC to schedule a consultation with a hard-hitting Plano
criminal defense attorney!