Theft

Theft Penalties by Value

Less than $100: Class C misdemeanor ($500 fine). $100–$750: Class B misdemeanor (up to 180 days jail). $750–$2,500: Class A misdemeanor (up to 1 year jail). $2,500–$30,000: State jail felony (180 days to 2 years). $30,000–$150,000: 3rd degree felony (2–10 years). $150,000–$300,000: 2nd degree felony (2–20 years). Over $300,000: 1st degree felony (5–99 years).

Shoplifting and Retail Theft

Shoplifting is charged as theft based on the value of the merchandise. Even a first-time shoplifting offense can result in a criminal record. Many retailers pursue civil demand letters in addition to criminal charges. An attorney can often negotiate deferred adjudication or dismissal for first-time offenders.

Theft of Service and Other Theft Offenses

Theft of service (§ 31.04), theft by check (§ 31.06), and organized retail theft (§ 31.16) are related offenses with similar penalties. Organized retail theft involving a group of people working together to steal merchandise carries enhanced penalties.

Prior Convictions and Enhancement

Prior theft convictions can enhance the level of a new theft charge. Two or more prior theft convictions can elevate a misdemeanor theft to a state jail felony regardless of the value of the property stolen.

Potential Penalties

• › Under $100: Class C misdemeanor $500 fine
• › $100–$750: Class B misdemeanor up to 180 days jail
• › $750–$2,500: Class A misdemeanor up to 1 year jail
• › $2,500–$30,000: State jail felony (180 days to 2 years
• › $30,000–$150,000: 3rd degree felony (2–10 years
• › Over $300,000: 1st degree felony (5–99 years

Possible Defenses

• › Claim of right: you believed the property was yours
• › Lack of intent to permanently deprive
• › Consent of the owner
• › Mistaken identity
• › Insufficient evidence
• › Eligibility for deferred adjudication

Frequently Asked Questions