In Texas, theft is defined and penalized based on the value of the property or service stolen, among other considerations. The current Texas law defines the offense of Theft in Penal Code Section §31.03 as follows:

(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.

(b) Appropriation of property is unlawful if:

(1) it is without the owner’s effective consent;

(2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or

(3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

In Texas, theft is defined and penalized based on the value of the property or service stolen, among other considerations. In many cases, theft charges are dismissed with counseling and restitution. Or, there is some type of pre-trial diversion or probation (community supervision). The theft classifications below indicate the possible maximum punishments, but not the likely punishments.

Class C Misdemeanor Theft:

Value of the stolen property or service is less than $100.

Potential penalty: Fine up to $500 and no jail time.

Class B Misdemeanor Theft:

Value is $100 or more but less than $750.

Potential penalty: Up to 180 days in jail and/or a fine up to $2,000.

Class A Misdemeanor Theft:

Value is $750 or more but less than $2,500.

Potential penalty: Up to 1 year in jail and/or a fine up to $4,000.

State Jail Felony Theft:

Value is $2,500 or more but less than $30,000.

Potential penalty: 180 days to 2 years in a state jail and/or a fine up to $10,000.

Third-Degree Felony Theft:

Value is $30,000 or more but less than $150,000.

Potential penalty: 2 to 10 years in prison and/or a fine up to $10,000.

Second-Degree Felony Theft:

Value is $150,000 or more but less than $300,000.

Potential penalty: 2 to 20 years in prison and/or a fine up to $10,000.

First-Degree Felony Theft:

Value is $300,000 or more.

Potential penalty: 5 to 99 years or life in prison and/or a fine up to $10,000.

There are also special circumstances that can elevate the classification of the theft, regardless of the value. For example, stealing certain metals, livestock, or firearms might lead to a higher-level offense than the value alone would suggest. Furthermore, theft from a person (like pickpocketing) is usually treated more severely.

Additionally, it's worth noting that if someone has previous theft convictions, even if the stolen value falls into a lesser category, the state might enhance the charges.

Contacting a lawyer if you're facing theft charges in Travis County is crucial for several reasons:

Expertise in Legal Procedures: We are well-versed in the legal procedures and can guide you through the complexities of the Travis County legal system. We will ensure that all paperwork, court appearances, and required actions are handled correctly and promptly.

Understanding of Texas Penal Code: Our attorneys will have specific knowledge of the Texas Penal Code and any recent amendments, helping you understand the severity of the charges and potential penalties you face.

Protection of Rights: Our defense attorneys will protect your rights and ensure that you're treated fairly throughout the legal process. They'll be on the lookout for any violation of your rights, such as unlawful searches or interrogations.

Building a Strong Defense: Every case has unique factors and circumstances. Our attorneys will review the specifics of your situation, gather evidence, interview witnesses, and craft the best possible defense strategy on your behalf.

Plea Bargaining: If appropriate, we can negotiate with the prosecutor for a reduced sentence or even for the charges to be dropped, especially if it's a first-time offense or there are issues with the evidence.