Theft crimes in Texas cover a broad range of offenses, all centered around the unlawful taking, appropriation, or use of someone else's property. If you've been charged with theft in Texas, understanding the specific type of theft crime you’re accused of is crucial for building a defense. This post will provide an overview of the main types of theft crimes in Texas, helping you better understand the accusations and potential consequences you may face.
Definition of Theft in Texas
Under Texas Penal Code § 31.03, theft is defined as unlawfully appropriating property with the intent to permanently deprive the owner of possession. This can happen in several ways, including taking property without consent, taking possession of property you know is stolen, or appropriating property through deception.
The exact charges and penalties for theft crimes vary, depending on the value of the property involved and the circumstances surrounding the offense.
Types of Theft Crimes in Texas
1. Petty Theft
Petty theft refers to the unlawful appropriation of property with a value under $2,500. This includes shoplifting, stealing small valuables, or taking personal belongings. Depending on the value of the property stolen, petty theft can be classified as a misdemeanor.
- Class C Misdemeanor (property value under $100): Punishable by a fine of up to $500.
- Class B Misdemeanor (property value of $100-$750): Punishable by a fine of up to $2,000 and/or up to 180 days in jail.
- Class A Misdemeanor (property value of $750-$2,500): Punishable by a fine of up to $4,000 and/or up to 1 year in jail.
2. Grand Theft
For theft involving property valued at $2,500 or more, offenses are considered serious and fall into felony categories. Grand theft includes crimes like embezzlement, car theft, or stealing high-value goods.
- State Jail Felony (property value of $2,500-$30,000): Punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
- Third-Degree Felony (property value of $30,000-$150,000): Punishable by 2 to 10 years in prison and a fine of up to $10,000.
- Second-Degree Felony (property value of $150,000-$300,000): Punishable by 2 to 20 years in prison and a fine of up to $10,000.
- First-Degree Felony (property value exceeding $300,000): Punishable by 5 to 99 years in prison and a fine of up to $10,000.
3. Shoplifting
Shoplifting occurs when a person takes merchandise from a retail store without paying for it. This may include hiding items with the intent to steal or altering price tags to pay less than the actual value.
The penalties for shoplifting are determined by the value of the merchandise stolen and generally align with the penalties for petty theft or grand theft.
4. Burglary
Burglary involves unlawfully entering someone’s home, building, or vehicle with the intent to commit theft, assault, or another felony. Even if no theft occurs, entering property with criminal intent constitutes burglary.
Penalties for burglary vary depending on the type of property entered:
- Burglary of a home or residence is classified as a second-degree felony.
- Burglary of a building (other than a residence) is classified as a state jail felony.
5. Robbery and Aggravated Robbery
Robbery involves taking property directly from another person using force, intimidation, or threats. It differs from theft in that it typically involves an element of violence or threat of harm.
- Robbery is a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000.
- Aggravated Robbery involves the use of a weapon or causes serious bodily injury. It is a first-degree felony, punishable by 5 to 99 years in prison and a fine of up to $10,000.
6. Identity Theft
Identity theft involves unlawfully obtaining and using someone else’s personal information for financial gain, such as opening credit accounts or making purchases.
Texas Penal Code § 32.51 outlines the offense, which is generally classified as a state jail felony. However, penalties increase if the crime involved a larger number of victims or resulted in significant financial harm.
7. Auto Theft
Auto theft involves the unauthorized taking or use of a motor vehicle. While stealing a car outright constitutes grand theft, unauthorized use of a vehicle, such as joyriding, may be classified as a state jail felony.
8. Receiving Stolen Property
Knowingly receiving, possessing, or purchasing stolen property is another form of theft in Texas. Penalties for this crime are based on the value of the stolen property and align with the theft charge classifications outlined earlier.
9. Theft by Deception
Theft by deception occurs when an individual intentionally deceives someone in order to acquire their property. This might involve false promises, misrepresentation of facts, or withholding crucial information.
10. Employee Theft
Employee theft happens when a worker steals goods, money, or services from their employer. This can range from taking cash out of the register to embezzling large sums of money.
The severity of the charges depends on the value stolen by the employee.
Possible Defenses Against Theft Charges
If you’ve been charged with a theft crime in Texas, several defenses may apply, depending on the specifics of the case. These include:
- Lack of intent to steal.
- Rightful ownership of the property.
- Mistaken identity or misunderstanding.
- Coercion or duress.
- Insufficient evidence to prove the theft occurred.
Having an experienced criminal defense attorney on your side ensures your rights are protected, and the best possible defense is built.
Get Legal Support From a Brownsville Theft Lawyer
Facing theft charges in Texas can be overwhelming, but you don’t have to go through it alone. Understanding the specific details of your case and the complexities of Texas theft laws is critical for securing the best outcome.
At The Law Office of Mauricio Garcia, our Brownsville criminal defense lawyer can help you fight for your freedom against a range of criminal charges, including theft or auto theft crimes. We'll walk you through the charges, potential penalties, and steps toward defending your case.
If you've been charged with any type of theft crime, contact us today at (956) 395-3314 to schedule a free consultation and talk to our theft lawyer.