Theft crimes in Texas encompass a wide range of offenses, each with unique implications and consequences. If you or someone you know has been charged with theft, understanding the specific crime in question is the first step toward protecting your rights and building a strong defense.
What Does Theft Mean in Texas?
Under the Texas Penal Code § 31.03, theft occurs when a person unlawfully takes property with the intent to deprive its rightful owner. While this definition may sound straightforward, theft-related crimes can take on different forms, depending on the circumstances and the method used to commit the offense.
Each variation of theft has its own set of legal criteria, penalties, and potential defenses. Knowing the distinctions between these crimes can help you better understand the charges you or a loved one may be facing.
Types of Theft Crimes in Texas
Here are the most common theft crimes in Texas:
1. Petty Theft
Petty theft refers to the unlawful taking of property or services valued at less than $100. Although the term “petty” implies a lower severity, this crime is still taken seriously.
- Example: Stealing a small item, such as clothing or groceries, from a retail store.
- Penalty: Classified as a Class C misdemeanor, it carries a fine of up to $500 without jail time.
Even a minor charge like petty theft can leave a lasting mark on your record, so it’s important to address it comprehensively.
2. Shoplifting
Shoplifting is a specific form of theft that occurs in retail settings. It involves taking merchandise without paying or altering price tags to pay less.
- Example: Concealing items in a bag or pocket while shopping and leaving the store without paying for them.
- Penalty: Punishments vary based on the value of the stolen goods, ranging from a misdemeanor to felony charges.
Retailers in Texas take an aggressive stance on shoplifting, often pursuing criminal charges and civil lawsuits to recover damages.
3. Grand Theft
Grand theft involves the stealing of property valued at $2,500 or more. This type of theft carries more severe penalties due to the higher value of the property in question.
- Example: Stealing a car, expensive electronics, or jewelry.
- Penalty: It is typically charged as a state jail felony or higher, with penalties escalating based on the financial value of the stolen property.
Because the stakes are higher with grand theft charges, seeking legal guidance is critical to exploring your options.
4. Theft of Services
Theft of services happens when someone knowingly takes services, such as utilities or labor, without paying for them.
- Example: Using a fake name to avoid paying for a hotel stay or tampering with an electricity meter to avoid charges.
- Penalty: Charges depend on the value of the services stolen, ranging from a misdemeanor to a first-degree felony for services exceeding $300,000.
This lesser-known form of theft underscores the broad scope of theft-related crimes in Texas.
5. Burglary
Burglary occurs when someone unlawfully enters a building or property intending to commit theft, assault, or another felony. Burglary is considered more severe than simple theft because it involves unlawful entry.
- Example: Breaking into someone’s home to steal valuables.
- Penalty: Typically charged as a felony, with penalties scaling according to the type of property entered (e.g., a residence or business).
Unlike other theft crimes, burglary focuses on the act of breaking and entering, even if no property is ultimately stolen.
6. Robbery
Robbery is theft combined with the use of force or the threat of force. Because it involves potential harm to others, robbery is treated as a violent crime with significant penalties.
- Example: Using a weapon or intimidation to steal someone’s purse or wallet.
- Penalty: Classified as a second-degree felony, carrying a prison sentence of 2 to 20 years and fines of up to $10,000.
7. Aggravated Robbery
Similar to robbery, aggravated robbery involves additional aggravating factors, such as using a deadly weapon or causing serious bodily injury.
- Example: Threatening a victim with a firearm while stealing their car.
- Penalty: Charged as a first-degree felony, punishable by 5 to 99 years in prison and a fine of up to $10,000.
8. Employee Theft
Employee theft occurs when a worker steals from their employer, whether through embezzlement, theft of physical goods, or misusing business accounts.
- Example: An employee skimming funds from the cash register or claiming bogus reimbursements.
- Penalty: Penalties depend on the value stolen but can range from a misdemeanor to a felony.
Trust is a critical element in the workplace, which is why employee theft can have serious legal and career consequences.
9. Identity Theft
Identity theft involves using another person’s personal information, such as their Social Security number or credit card, without permission for financial gain.
- Example: Opening a credit card in someone else’s name or making unauthorized purchases using stolen credit card details.
- Penalty: Often prosecuted as a felony due to its financial and personal impact on the victim.
This cyber-age crime requires substantial evidence to prosecute but carries harsh penalties if convicted.
What Are the Penalties for Theft in Texas?
Texas assigns penalties for theft crimes based on the value of stolen property or services. These penalties fall into categories such as misdemeanors for lesser crimes and felonies for more severe offenses. Factors such as prior convictions, use of force, and the type of item stolen can elevate charges to more severe classifications.
Summary of Penalty Ranges in Texas:
- Class C Misdemeanor: Fine up to $500 (property valued under $100)
- Class B Misdemeanor: Up to 180 days in jail and a fine of $2,000 (property valued $100 - $750)
- Class A Misdemeanor: Up to 1 year in jail and a fine of $4,000 (property valued $750 - $2,500)
- Felonies: State jail felonies to first-degree felonies, with penalties ranging from 180 days to 99 years in prison and fines up to $10,000 or more.
Facing Theft Charges in Texas? Talk to a Corpus Christi Theft Attorney
If you’ve been charged with a theft crime in Texas, remember that a charge does not equal a conviction. Every case is unique, and there are defenses available depending on the circumstances. From proving a lack of intent to identifying errors in evidence, there are strategies to safeguard your rights and advocate for a favorable outcome.
It’s important to consult a knowledgeable criminal defense attorney to ensure your case is handled with care. Robert J. Gonzalez, Attorney At Law has a proven track record of successfully defending clients facing theft charges in Corpus Christi, TX. We can help you understand your rights, explore your legal options following a theft charge, and work toward a just resolution.
Contact us at (361) 309-9332 to schedule a free case evaluation today. The right representation can make all the difference in protecting your future.