Being charged with theft in Texas is more serious than most people realize. Even a minor shoplifting accusation can lead to jail time, hefty fines, and a permanent criminal record that follows you for years. Whether you took something worth ten dollars or ten thousand dollars, the State of Texas treats theft as a crime that can change your life.
At McCarty Larson, PLLC, we have seen how quickly a theft charge can spiral into something much bigger than what our clients expected. The good news is that being charged does not mean being convicted. This guide will walk you through exactly how Texas classifies theft, what penalties you could be facing, what defenses may be available, and what steps you should take right now to protect yourself.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
The Short Answer
Theft penalties in Texas depend almost entirely on the value of what was stolen. Theft of property worth less than $100 is a Class C misdemeanor with only a fine. Theft of property worth $750 or more but less than $2,500 is a Class A misdemeanor with up to a year in jail. Once the value crosses $2,500, theft becomes a felony, and penalties increase all the way up to life in prison for theft over $300,000. Prior theft convictions can also bump your charge to a higher level, even if the value of the property was low.
How Texas Defines Theft
Under Texas Penal Code Section 31.03, a person commits theft when they unlawfully take someone else’s property with the intent to keep it from the owner. That definition covers a wide range of conduct. Shoplifting a pair of shoes from a store is theft. So is writing a bad check, keeping a rental car past your agreement, or taking money from your employer.
The key elements prosecutors must prove are:
- You took or exercised control over property
- The property belonged to someone else
- You did not have the owner’s permission
- You intended to keep the property from its owner
If the prosecution cannot prove every one of those elements beyond a reasonable doubt, you should not be convicted.
Texas Theft Penalties by Value
Texas organizes theft penalties on a value ladder. The higher the value of the stolen property, the more severe the punishment. Here is how the current penalty structure works.
Class C Misdemeanor: Under $100
This is the lowest level of theft in Texas. A Class C misdemeanor carries a fine of up to $500 and no jail time. While it may sound minor, even a Class C theft conviction creates a permanent criminal record.
Class B Misdemeanor: $100 to $749
A Class B misdemeanor theft is punishable by up to 180 days in county jail and a fine of up to $2,000. This level also applies if the stolen property was worth less than $100, but you have a prior theft conviction, or if the stolen item was a driver’s license or identification card.
Class A Misdemeanor: $750 to $2,499
A Class A misdemeanor carries up to one year in county jail and a fine of up to $4,000. This is the highest misdemeanor level for theft in Texas, and our Texas misdemeanor attorneys defend cases at every tier below the felony line.
State Jail Felony: $2,500 to $29,999
Once the value of the stolen property reaches $2,500, theft becomes a felony. A state jail felony is punishable by 180 days to two years in a state jail facility and a fine of up to $10,000. State jail felony theft also applies regardless of value when the stolen property was a firearm, when it was taken directly from another person (like pickpocketing or purse snatching), or when you have two or more prior theft convictions.
Third Degree Felony: $30,000 to $149,999
A third-degree felony carries two to ten years in prison and a fine of up to $10,000.
Second Degree Felony: $150,000 to $299,999
A second-degree felony is punishable by two to twenty years in prison and a fine of up to $10,000.
First Degree Felony: $300,000 or More
The most serious theft charge in Texas carries five years to life in prison and a fine of up to $10,000.
Factors That Can Increase Your Charge
Texas law includes several situations where a theft charge can be bumped to a higher level than the value of the property alone would suggest.
Prior theft convictions are the most common enhancement. If you have been convicted of theft before, prosecutors can use those convictions to push your current charge up. Two or more prior theft convictions can turn what would normally be a misdemeanor into a state jail felony, even if the property was worth less than $2,500.
Stealing from certain victims also triggers enhanced penalties. Taking property from someone 65 or older, from a nonprofit organization, or from a government employee acting in their official capacity can increase the charge to the next higher category.
Catalytic converter theft is treated especially harshly under recent Texas law changes. Stealing a catalytic converter is automatically a state jail felony at minimum, and the charge increases further if you possessed a firearm during the theft.
Organized retail theft under Texas Penal Code Section 31.16 covers coordinated shoplifting schemes. If you participated in a plan to steal merchandise from retail stores with the intent to resell it, you could face charges based on the total value of all merchandise involved across multiple incidents.
Common Types of Theft Charges in Texas
Shoplifting
Shoplifting falls under the general theft statute. Penalties depend on the value of the merchandise. Even low-value shoplifting can result in a criminal record that affects your ability to get a job, rent an apartment, or pass a background check.
Employee Theft and Embezzlement
Taking money, products, or resources from your employer is treated as theft under Texas law. Employers often discover missing funds or inventory over a period of time, and prosecutors can aggregate the total value of everything taken to push the charge to a higher level.
Theft of Services
You can be charged with theft for receiving services without paying for them. This includes skipping out on a restaurant bill, refusing to pay for labor or utilities, or using deceptive means to avoid paying for a service you received.
Identity Theft
Using someone else’s personal information for financial gain is a serious offense in Texas. Identity theft is typically prosecuted as a felony because of the financial harm it causes to victims.
Defenses Against Theft Charges
Being charged with theft does not mean you are out of options. There are several defenses that an experienced Texas criminal defense attorney can use depending on the facts of your case.
Lack of intent. Theft requires proof that you intended to deprive the owner of their property. If you accidentally took something, believed you had permission, or planned to return it, the prosecution may not be able to prove intent.
Mistake of fact. If you genuinely believed the property was yours or that you had a right to it, this can be a valid defense. For example, picking up the wrong bag at a store or believing a friend gave you permission to borrow something.
Consent. If the owner of the property gave you permission to take or use it, there is no theft. Disputes over whether consent was given often come down to the specific facts and any evidence of communication between the parties.
Insufficient evidence. The prosecution must prove every element of theft beyond a reasonable doubt. If the evidence is weak, contradictory, or improperly obtained, a skilled attorney can challenge the case at every stage.
Value disputes. Since the severity of the charge depends on the value of the stolen property, challenging the prosecution’s valuation can sometimes result in a reduced charge. The difference between $749 and $750 is the difference between a misdemeanor and a felony.
How a Theft Conviction Affects Your Life
A theft conviction in Texas goes far beyond the immediate penalties of fines and jail time. Because theft is considered a crime of moral turpitude, meaning it involves dishonesty or deceit, the consequences can follow you for years.
Employment. Many employers run background checks, and a theft conviction is one of the most damaging entries a potential employer can find. Jobs involving money, inventory, customer data, or positions of trust are often off-limits to anyone with a theft record.
Housing. Landlords frequently deny rental applications from people with theft convictions. This can make it extremely difficult to find stable housing.
Professional licenses. If your career requires a state license, such as nursing, real estate, teaching, or accounting, a theft conviction can result in denial or revocation of that license.
Immigration consequences. For non-citizens, a theft conviction can trigger deportation proceedings, make you ineligible for a visa, or prevent you from becoming a naturalized citizen.
Future criminal charges. A theft conviction stays on your record and can be used to enhance penalties if you are ever charged with theft again in the future.
Protecting Your Record After a Theft Charge
If you are facing theft charges, there may be options to keep a conviction off your record or to clear your record after the fact.
Deferred adjudication allows you to plead guilty or no contest without the judge entering a final conviction. If you successfully complete the terms of your supervision, the case is dismissed. While the arrest and charge still appear on your record, you may later be eligible to have the record sealed through a nondisclosure order. Learn more about how deferred adjudication works in Texas.
Expunction completely erases the record of an arrest and charge as if it never happened. You may be eligible for expunction if your case was dismissed, you were acquitted, or certain other conditions are met.
Pretrial diversion programs are available in some Texas counties for first-time offenders. These programs typically require community service, restitution, and other conditions in exchange for having the charges dropped.
How McCarty-Larson Can Help
At McCarty Larson, PLLC, our theft crime defense attorneys understand how much is at stake when you are facing theft charges. We fight to protect your freedom, your record, and your future.
- We investigate the facts of your case and identify every possible defense
- We challenge the evidence and the prosecution’s valuation of the property
- We negotiate for reduced charges, dismissals, or alternative programs when possible
- We prepare your case for trial if that is what it takes to get the best result
- We guide you through deferred adjudication, nondisclosure, and expunction options to protect your record
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Do not wait to get help. The sooner you speak with an attorney, the more options you have. Call McCarty Larson, PLLC today at (972) 775-2100 for a free consultation, or visit our Texas theft lawyers page to learn more about how we can help.
Frequently Asked Questions
Theft of property valued between $100 and $749 is a Class B misdemeanor in Texas. This carries a maximum penalty of 180 days in county jail and a fine of up to $2,000. If the property was worth less than $100, it is a Class C misdemeanor with a fine only, unless you have a prior theft conviction.
Yes. If you have two or more prior theft convictions of any grade, a theft charge can be elevated to a state jail felony even if the current offense involves property worth less than $2,500. Certain types of property, such as firearms and catalytic converters, also trigger felony charges regardless of value.
Yes. Both the arrest and any conviction will appear on a criminal background check unless the record has been expunged or sealed through a nondisclosure order. Even a Class C misdemeanor theft conviction can show up and affect your employment, housing, and educational opportunities.
In some cases, yes. Charges may be dropped if the evidence is insufficient, if a defense successfully challenges the prosecution’s case, or if you participate in a pretrial diversion program that results in dismissal. An experienced attorney can evaluate your case and work toward the best possible outcome.
Theft involves taking property without consent. Robbery involves theft combined with the use or threat of physical force against another person. Robbery is charged as a second degree felony, and aggravated robbery involving a deadly weapon is a first degree felony. These are significantly more serious than standard theft charges.
A theft conviction stays on your record permanently unless you take legal action to have it removed. If you received deferred adjudication, you may be eligible to have the record sealed through a nondisclosure order. If your case was dismissed or you were found not guilty, you may qualify for a full expunction that erases the record entirely.