Theft is a broad criminal charge in Texas that includes a range of offenses from shoplifting to bouncing checks to buying stolen property. The punishment generally depends on the value of the stolen item and can be as little as a fine or as serious as prison in extreme cases.
The Texas Penal Code defines theft as taking someone else’s property without consent, either by deception or by physically stealing it. You don’t have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. If you take something, then return it for a reward, that is also considered theft under Texas law.
To charge you with theft, the police need to show that you acted with criminal intent, meaning you knew the property belonged to someone else, you knew you didn’t have their permission to take it, and you actually have or had possession of the property. They can do by that using direct physical evidence, circumstantial evidence, eyewitness testimony, a confession, or other means.
Common Types of Theft Under Texas Law
The following are the four most common ways to commit theft in Texas:
1. Shoplifting – This is when you take items out of a store with the deliberate intention of not paying the store for the full value of the items. For example, if you take a shirt and leaving without paying for it or you switched the tag on an expensive shirt with the tag on a less expensive shirt and paid the lower price at checkout, you are considered to have committed theft by shoplifting.
2. Bad checks – This is when you pay for an item on a closed account or an account that does not have enough money to cover the amount of the check. If the check is written on a closed account, that alone is evidence of theft under Texas criminal law. If the check bounces and you do not reimburse the merchant within 10 days of notification, then that is evidence of theft under the law.
3. General theft – This is when you take an item that belongs to someone else by any means when you do not have permission. Examples of this include taking a woman’s purse from her shopping cart when her back is turned, stealing copper from a construction site, or taking $20 from the cash register at work.
4. Buying/accepting stolen property – This is when you take possession of an item when you know the person selling or giving it to you is not the rightful owner. If you know a friend shoplifted an item from a store, then passed the item on to you, you have committed theft by taking it, even if you paid for it or it was a gift.
Other common theft charges include embezzlement and theft of services, which is when you steal something that isn’t a physical item. This charge may also be be related to fraud or bad checks.
Penalties for Theft in Texas
The punishment for the criminal charge of theft in Texas is relative to the value of the item stolen. Obviously, the more value an item has, the higher the penalty for taking it. If there are more than one item, all the values are added together for the purposes of punishment.
For example, let's say that you are charged with shoplifting five DVDs. Individually, they may be worth about $20 each. But added together, the total of the theft is $100 and that raises the seriousness of the punishment.
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Amount
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Classification
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Penalties
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Less than $50, or less than $20 if by check
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Class C misdemeanor
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A fine of not more than $500
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$50 or more but less than $500, or $20 or more but less than $500 if by check
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Class B misdemeanor
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Not more than 180 days in a county jail and/or a fine of not more than $2,000
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$500 or more but less than $1,500
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Class A misdemeanor
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Not more than 1 year in a county jail and/or a fine of not more than $4,000
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$1,500 or
more but less than $20,000
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State jail felony
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180 days to 2 years in a state jail and/or a fine of not more than $10,000
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$20,000 or more but less than $100,000
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Third-degree felony
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2 to 10 years in a state prison and/or a fine of not more than $10,000
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$100,000 or more but less than $200,000
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Second-degree felony
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2 to 20 years in a state prison and/or a fine of not more than $10,000
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$200,000 or more
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First-degree felony
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5 to 99 years in a state prison and/or a fine of not more than $10,000
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The above punishment ranges can also be enhanced under certain conditions. For example, Class B and C misdemeanor theft charges increase one level if you have a previous theft conviction and a Class A misdemeanor becomes a state jail felony if you have two previous theft convictions.
The theft of some items such as firearms or metals such as copper or aluminum are felonies no matter what their actual value is.
Shoplifting charges also automatically become more serious if you are caught using tools to defeat theft prevention devices, or if you are charged with organized retail theft, meaning you were working with others to steal items for profit.
A permanent, public criminal record is the reason why most people hire a shoplifting defense attorney to fight the charges. Avoiding a criminal record in the internet age can save you tremendous problems in the future. It could prevent you from getting a job, a scholarship, or worse.
Even if you think your chances of getting a dismissal or probation are hopeless, call us for a professional opinion.
Civil Penalties for Shoplifting
The criminal shoplifting record for a conviction might not be the end of it, either.
A conviction for the criminal charge of theft frequently includes restitution to the victim and Texas has the Texas Theft Liability Act. This civil law allows the victims of theft to sue you for damages and is separate from the criminal case.
The suits are typically used in shoplifting cases. The store will send you a letter demanding that you pay the value of the stolen item, as well as costs related to recovery. The law allows the victim to collect actual damages, plus up to $1,000 against an individual or actual damages, plus up to $5,000 against the parents or guardians if the accused shoplifter is a minor.
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