Theft of Services in Texas: How It’s Charged and Prosecuted

In Texas, theft of services is treated just as seriously as stealing physical property. Whether it’s failing to pay for home repairs, walking out on a restaurant bill, or misusing rental equipment, the law considers it a criminal offense if someone intentionally avoids payment for services rendered. Charges are based on the value of the services and can range from misdemeanors to felonies. In this post, we explain how Texas law defines theft of services, how prosecutors build these cases, and what defenses may apply. If you're facing allegations and need a knowledgeable attorney near you, now is the time to protect your rights and your record.

Theft of Services in Texas: How It’s Charged and Prosecuted

In Texas, theft isn't limited to tangible property—it also encompasses services. Whether it's failing to pay for a meal, not returning rented equipment, or diverting utilities, theft of services is a serious offense under Texas law. Understanding how these charges are defined, prosecuted, and defended is crucial for anyone facing such allegations.

What Constitutes Theft of Services in Texas?

Under Texas Penal Code § 31.04, a person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation, they:Texas Criminal Defense Group+8Tex..Pub..Law: Online Texas Law Library+8Justia Law+8

Secure performance of the service by deception, threat, or false token.
Divert another's services to their own benefit or to the benefit of someone not entitled to those services.
Hold rented property beyond the rental period without the owner's consent, thereby depriving the owner of further rentals.
Fail to make full payment for services rendered after receiving notice demanding payment.

Intent to avoid payment is presumed in situations such as:LawServer+7Texas Penal Code+7Findlaw+7

Absconding without paying for services where immediate payment is customary (e.g., hotels, restaurants).
Failing to pay under a service agreement within 10 days after receiving a payment demand notice.
Not returning rented property within specified timeframes after receiving a return demand notice.

Penalty Thresholds for Theft of Services

The severity of theft of service charges in Texas depends on the value of the services stolen:The Law Offices of Keith G Allen+2Texas Criminal Defense Group+2LegalClarity+2

Class C Misdemeanor: Value less than $100.
Class B Misdemeanor: Value between $100 and $749.
Class A Misdemeanor: Value between $750 and $2,499.
State Jail Felony: Value between $2,500 and $29,999.
Third-Degree Felony: Value between $30,000 and $149,999.
Second-Degree Felony: Value between $150,000 and $299,999.
First-Degree Felony: Value of $300,000 or more.Philip D. Ray - Frisco, TX

Penalties range from fines to imprisonment, with higher values leading to more severe consequences.

Common Examples of Theft of Services

Understanding real-world scenarios can clarify what constitutes theft of services:Price and Twine, PLLC

Dine and Dash: Leaving a restaurant without paying for the meal.
Utility Theft: Tampering with meters to avoid paying for electricity or water.
Unreturned Rentals: Failing to return rented equipment or vehicles on time.
False Service Agreements: Securing services with no intention of paying, such as using fake checks.T

Legal Defenses Against Theft of Service Charges

Several defenses can be employed against theft of service allegations:DWI Lawyers Texas+2Texas Attorney+2The Law Offices of Keith G Allen+2

Lack of Intent: Demonstrating no intention to avoid payment.
Mistake of Fact: Believing the services were complimentary or already paid for.
Dispute Over Services: Arguing that the services were substandard or not as agreed upon.
Post-Dated Checks: If a post-dated check was given and presented before its date, it may serve as a defens

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

Civil vs. Criminal Proceedings

Theft of services can lead to both criminal charges and civil lawsuits. While criminal cases focus on punishment, civil cases aim for restitution. Victims may sue for the value of the services, additional damages, and legal fees.

Conclusion

Theft of services is a serious offense in Texas, with penalties ranging from fines to imprisonment. Understanding the nuances of the law, potential defenses, and the importance of timely action is crucial.

If you're facing theft of service charges or have questions about your legal rights, contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ for a consultation.

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