Theft of Property in Texas: Penalty Thresholds and Legal Defenses

In Texas, theft of property is a serious offense—and the punishment depends largely on the value of what was taken. The law sets clear penalty thresholds that determine whether the charge is a misdemeanor or a felony, with higher-value thefts carrying the risk of long prison sentences and steep fines. But even in lower-level cases, the consequences can be life-altering. In this post, we break down the penalty levels, explain how prosecutors prove theft, and explore the most effective legal defenses available. If you're under investigation or facing charges, a skilled attorney near you can make the difference between a conviction and a second chance.

Theft of Property in Texas: Penalty Thresholds and Legal Defenses

In Texas, theft of property is a serious offense with penalties that vary based on the value of the stolen items and other circumstances. Understanding the legal thresholds and potential defenses is crucial for anyone facing such charges.

Understanding Theft of Property Under Texas Law

Under Texas Penal Code § 31.03, theft is defined as unlawfully appropriating property with the intent to deprive the owner of it. This broad definition encompasses various actions, from shoplifting to embezzlement.

Penalty Thresholds for Theft of Property

The severity of theft charges in Texas is primarily determined by the value of the stolen property:

Class C Misdemeanor: Property valued under $100.
Class B Misdemeanor: Property valued between $100 and $749.
Class A Misdemeanor: Property valued between $750 and $2,499.
State Jail Felony: Property valued between $2,500 and $29,999.
Third-Degree Felony: Property valued between $30,000 and $149,999.
Second-Degree Felony: Property valued between $150,000 and $299,999.
First-Degree Felony: Property valued at $300,000 or more.

Certain factors can elevate the charges, such as theft involving firearms, official ballots, or theft from vulnerable individuals like the elderly.Justia Law+3Tex..Pub..Law: Online Texas Law Library+3Texas Penal Code+3

Legal Defenses Against Theft Charges

Several defenses can be employed against theft charges in Texas:

Lack of Intent: Arguing that there was no intention to steal.
Mistake of Fact: Believing the property was rightfully theirs.
Consent: Claiming the owner gave permission to take the property.
Duress: Acting under threat or coercion.
Entrapment: Being induced by law enforcement to commit the offense.Justia Law+1LegalClarity+1

Each case is unique, and the applicability of these defenses depends on the specific circumstances.

Conclusion

Facing theft charges in Texas can have serious consequences, but understanding the legal thresholds and potential defenses can make a significant difference. If you or someone you know is dealing with such charges, it's essential to seek experienced legal counsel.

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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