What Is Theft and Fraud Under Texas Law?

Theft and fraud are among the most commonly charged criminal offenses in Texas. These crimes range from minor infractions like shoplifting to complex schemes involving forged documents, stolen identities, and online scams. If you're facing allegations of theft or fraud, or if you're simply trying to understand the law, this expanded guide is for you.

In this pillar post, we will explore statutory definitions, classifications, value thresholds, key distinctions, and both criminal and civil consequences under Texas law. We’ll also link to detailed cluster topics to help you understand specific issues in greater depth.

Legal Definitions: What Qualifies as Theft or Fraud?

Theft

According to Texas Penal Code § 31.03, theft occurs when someone "unlawfully appropriates property with intent to deprive the owner of it." The term "appropriates" includes taking property without the owner's effective consent, or knowing the property was stolen by someone else.

Fraud

Fraud is defined more broadly under Chapter 32 of the Texas Penal Code, encompassing a range of deceptive practices such as forgery, credit card abuse, and identity theft. These offenses require intentional deception to secure unlawful gain, often involving misrepresentation, concealment, or manipulation of facts.

To explore these definitions in greater detail, visit [Texas Legal Definition of Theft and Fraud Crimes].

Theft vs. Burglary vs. Robbery: What’s the Difference?

These terms are often confused, but they refer to distinctly different offenses under Texas law:

• Theft: Simply taking someone else's property without consent.
• Burglary: Entering a building or habitation with intent to commit a felony, theft, or assault.
• Robbery: Theft that involves force, intimidation, or threat of bodily harm.

Understanding these distinctions is critical for both defendants and victims. Learn more in [What Is the Difference Between Theft, Burglary, and Robbery?].

Common Types of Fraud

Texas recognizes multiple forms of fraud. Some of the most prosecuted include:

• Credit card and debit card abuse
• Forgery and check fraud
• Insurance and healthcare fraud
• Mortgage and wire fraud
• Identity theft and impersonation

Each type has unique legal elements and consequences. For an expanded analysis, see [What Is Considered “Fraud” in Texas Criminal Law?].

Misdemeanor vs. Felony Theft: The Role of Value

In Texas, the classification of a theft offense depends largely on the value of the property or services stolen:

• Class C Misdemeanor: Under $100
• Class B Misdemeanor: $100–$749
• Class A Misdemeanor: $750–$2,499
• State Jail Felony: $2,500–$29,999
• Third-Degree Felony: $30,000–$149,999
• Second-Degree Felony: $150,000–$299,999
• First-Degree Felony: $300,000 and above

To understand how these values influence charges, read [Misdemeanor vs. Felony Theft in Texas: How Value Impacts Charges].

The Importance of Intent in Theft and Fraud

Prosecutors must prove criminal intent, or "mens rea," to secure a conviction. Intent is rarely proven directly; instead, it is inferred from circumstances, statements, or conduct.

For example, using a stolen credit card implies intent, but if the person believed they had consent, the charge might not hold. Learn how Texas courts handle this element in [How Intent Is Proven in Theft and Fraud Cases].

Localized Enforcement: Real Arrest Scenarios in Harris and Fort Bend Counties

Theft and fraud cases often differ based on how local law enforcement handles them. In Harris and Fort Bend Counties, common arrest scenarios include:

• Retail theft (shoplifting)
• Catalytic converter theft
• Forged checks and mail fraud
• Credit card fraud and identity theft

Get a real-world snapshot of how these arrests unfold in [Common Theft and Fraud Arrest Scenarios in Harris and Fort Bend Counties].

Post-Arrest Procedures in Galveston and Brazoria Counties

Once arrested in Galveston or Brazoria County, the accused will go through booking, magistrate appearance, bail, arraignment, and possibly a trial.

• Expect formal charges within 60 to 90 days
• Pre-trial proceedings can involve plea deals or suppression motions

For a county-specific breakdown, refer to [What Happens After a Theft or Fraud Arrest in Galveston or Brazoria County?].

Special Focus: Credit Card Theft vs. Credit Card Abuse

Although related, these are distinct offenses:

• Credit Card Theft: Taking or possessing a card without authorization
• Credit Card Abuse: Using or attempting to use a card without permission

Both are typically classified as state jail felonies and can escalate if committed against elderly victims. Read more in [Credit Card Theft vs. Credit Card Abuse in Texas Law].

Attempted Theft and Fraud: Can You Still Be Charged?

Yes. Under Texas Penal Code § 15.01, an attempt to commit a crime is still a prosecutable offense. An "attempt" occurs when someone takes a substantial step toward the commission of the crime, even if it is not completed.

For example:

• Trying to steal an item but getting caught mid-act
• Attempting to use stolen credit card data that fails at checkout

Charges are generally one degree lower than the completed offense. Learn how prosecutors handle these cases in [Can You Be Charged for Attempted Theft or Fraud in Texas?].

Civil vs. Criminal Consequences

A single act of theft or fraud may lead to both criminal prosecution and civil lawsuits. Under the Texas Theft Liability Act (TTLA), victims may sue for:

• Actual damages
• Exemplary damages (up to $1,000)
• Attorney’s fees and costs

Meanwhile, the state may pursue incarceration, probation, or fines. Understand how civil and criminal proceedings differ and sometimes overlap in [Civil vs. Criminal Consequences of Theft or Fraud Allegations].

Final Thoughts: Why Legal Representation Matters

Facing theft or fraud charges in Texas carries steep legal, financial, and reputational consequences. Whether you are being charged with a misdemeanor or felony, the stakes are high. From proving intent to navigating plea deals or suppression motions, experienced representation can make all the difference.

At Walker Law Office, Mekisha Walker brings years of experience as a former Harris County Assistant District Attorney and seasoned criminal defense attorney. Her in-depth understanding of Texas theft and fraud statutes provides clients with a robust and strategic defense.

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

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