Texas Legal Definition of Theft and Fraud Crimes

Understanding how Texas defines theft and fraud crimes is essential if you or someone you care about is facing criminal charges. Under the Texas Penal Code, theft involves unlawfully taking someone else’s property with the intent to deprive them of it, while fraud encompasses a range of deceptive acts committed for personal gain. These offenses can range from misdemeanors to serious felonies, depending on the value involved and specific circumstances. In this post, we break down the legal definitions, highlight key statutes, and explain what you need to know to protect your rights—or someone else’s. Whether you're searching for a lawyer near you to challenge the charges or understand what penalties you might be facing, this guide will clarify the law and next steps.

Texas Legal Definition of Theft and Fraud Crimes

Understanding theft and fraud under Texas law is essential for anyone navigating the criminal justice system, whether you're facing charges, assisting someone who is, or simply seeking to understand your rights. These offenses, while often discussed together, have distinct definitions, elements, and penalties under Texas statutes. In this post, you'll learn:

The statutory definitions of theft and fraud in Texas
The classifications and penalties associated with these crimes
Common examples and scenarios
The importance of consulting with a knowledgeable attorney near you

What Is Theft Under Texas Law?

Under Section 31.03 of the Texas Penal Code, theft is defined as unlawfully appropriating property with the intent to deprive the owner of it. Appropriation is unlawful if it is without the owner's effective consent, the property is stolen and the actor appropriates it knowing it was stolen, or the property is in the custody of law enforcement and represented as stolen.

Key Elements of Theft

Unlawful appropriation: Taking property without the owner's consent.
Intent to deprive: The actor must intend to permanently or substantially deprive the owner of the property.

Classifications and Penalties

The severity of a theft offense in Texas depends on the value of the property stolen:Tex..Pub..Law: Online Texas Law Library+1LegalClarity+1

Class C Misdemeanor: Property valued less than $100.
Class B Misdemeanor: Property valued between $100 and $750.
Class A Misdemeanor: Property valued between $750 and $2,500.
State Jail Felony: Property valued between $2,500 and $30,000.
Third-Degree Felony: Property valued between $30,000 and $150,000.
Second-Degree Felony: Property valued between $150,000 and $300,000.
First-Degree Felony: Property valued at $300,000 or more.

Penalties range from fines to imprisonment, with more severe consequences for higher-value thefts or repeat offenses.

What Is Fraud Under Texas Law?

Fraud encompasses a variety of deceptive practices intended to secure unfair or unlawful gain. Chapter 32 of the Texas Penal Code outlines numerous fraud offenses, including but not limited to:

Forgery (Section 32.21): Altering or creating documents with intent to defraud.
Credit Card or Debit Card Abuse (Section 32.31): Unauthorized use of another's card.
False Statement to Obtain Property or Credit (Section 32.32): Providing false information to secure property or credit.
Misapplication of Fiduciary Property (Section 32.45): Improper handling of property by someone in a fiduciary role.
Fraudulent Use or Possession of Identifying Information (Section 32.51): Identity theft.

Classifications and Penalties

Similar to theft, fraud offenses are classified based on the value involved and specific circumstances:

Class C Misdemeanor: Minor offenses, such as issuing a bad check under $100.
Felonies: More serious frauds, like large-scale identity theft or significant financial deception, can be classified from state jail felonies up to first-degree felonies, depending on the amount involved and the nature of the offense.

Penalties can include substantial fines, restitution, and imprisonment.

Real-World Implications

Consider the case of an individual in Harris County who used a stolen credit card to make purchases totaling $5,000. Under Texas law, this would likely be classified as a state jail felony, carrying potential penalties of 180 days to 2 years in state jail and a fine up to $10,000.

In another scenario, someone in Galveston County misrepresents their income to obtain a loan of $35,000. This act could be prosecuted under Section 32.32 as a third-degree felony, with penalties ranging from 2 to 10 years in prison and fines up to $10,000.

Why You Need an Attorney Near You

Facing theft or fraud charges in Texas is a serious matter with potentially life-altering consequences. The complexities of the law and the nuances of each case make it imperative to consult with a skilled attorney near you who understands the local legal landscape.

At Walker Law Office, Mekisha Walker brings extensive experience as a former Harris County Assistant District Attorney and a seasoned criminal defense attorney. Her deep understanding of Texas theft and fraud laws ensures that clients receive informed and effective representation.

Contact Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.

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