Criminal law in Texas covers a wide range of crimes, including embezzlement, extortion, and stealing assets or receiving stolen property. When a person commits theft, charges may vary from a misdemeanor to a felony, resulting in jail time and fines depending on the facts surrounding the case. This can adversely impact the defendant's opportunity to seek employment, apply for a bank loan, or indulge in social interactions.
Fortunately, Sparks Law Firm and our criminal defense attorneys are here to help. We have more than 100 years of combined experience fighting for the rights of defendants. Our proactive and client-centric approach ensures the best legal representation across the Lone Star State.
Those falsely accused of theft or facing theft charges in Fort Worth, Texas, should call the skilled advocates at Sparks Law Firm to discuss their case and have the conviction removed. They can also answer questions such as what is grand theft in Texas?
What Is Felony Theft in Texas?
Under Texas law, felony theft refers to stealing a property valued at $2,500 or more. There must be one of the following conditions present for law enforcement authorities to press charges against the accused:
The defendant unlawfully appropriates property from the original owner without their consent.
The accused took stolen property from someone else, knowing it was stolen.
The defendant stole the property from a law enforcement agency after the government actor explicitly mentioned the status of the asset.
How Is a Felony Theft Different from a Misdemeanor Theft?
In Texas, property theft offenses can range from misdemeanors to felonies, depending on the severity of the crime. The difference between the two is that the former applies to stolen properties valued at $2,500 or less, while the latter is applicable to larger thefts.
There are several categories of misdemeanor thefts, and these include the following:
Class C misdemeanor: If the value of stolen property is less than $100, the law categorizes the offense as a class C misdemeanor. While there is no jail sentence, the convicted may have to pay fines of up to $500.
Class B misdemeanor: Under Texas law, stolen property valued between $100 and $750 can lead to a class B misdemeanor, which may result in a maximum of 180 days imprisonment, up to $2,000 fines, or a combination of both. Stricter rules apply to those with prior convictions. The theft of a personal identification certificate or a driver's license also falls under this category.
Class A misdemeanor: This is the highest grade of misdemeanor theft in Texas and occurs when someone steals a property valued between $750 and $2,500. The punishment under the law includes up to one year of imprisonment, a maximum fine of $4,000, or a combination of both.
While a misdemeanor is a minor crime compared to a felony, it is still an offense. In addition to the criminal charges, the accused may also face civil penalties. It's important for them to reach out to an experienced criminal defense lawyer to discuss their case and the possible legal options. For more information, a Fort Worth theft law firm may be able to help.
What Are the Consequences of Felony Theft in Texas?
The consequences of theft in Texas depend on the severity of the crime, which is why there are different categorizations. These include the following:
State Jail Felony Theft
A state jail felony is the lowest degree of felony theft under Texas law. However, that doesn't mean that it is not a serious offense.
While the punishments may not be as severe as a third-degree or second-degree felony, jail time may extend up to two years.
The Texas law labels theft involving property valued between $2,500 and $30,000 as a state jail felony. It punishes the defendant with a maximum of two years imprisonment and fines of up to $10,000.
Third-degree Felony Theft
Stealing property valued between $30,000 and $150,000 can result in a third-degree felony. This offense may also include the unlawful taking of sheep, goats, other livestock, and controlled substances.
The punishments under this category include up to 10 years in prison and a maximum fine of $10,000.
Second-degree Felony Theft
Theft involving property (including ATMs) valued between $150,000 and $300,000 is often classified as a second-degree felony. It has a harsher jail sentence than a third-degree felony.
The sentence may include up to 20 years in prison, a maximum fine of $10,000, or a combination of both.
First-degree Felony Theft
A first-degree felony is often considered the most severe theft crime and is one of the highest grades of felonies in Texas.
If the court finds the accused guilty of stealing property worth $300,000 or more, the convicted may have to spend anywhere between five and 99 years in prison, as well as pay hefty fines.
Texas Law Also Has Enhanced Penalties for Theft Crimes
In some cases, the law may increase a defendant's offense from one category to another. For example, a class B misdemeanor can turn into a class A misdemeanor.
Enhanced theft penalties may be applicable in the following situations:
The defendant stole a catalytic converter while possessing a firearm.
The stolen property was under the management of a public servant or a Medicare provider.
The defendant stole from an elderly (aged 65 or above) or a nonprofit organization.
There are several legal defenses that the accused can use to reduce their sentence or have the case dismissed. It's crucial for the defendant to reach out to an experienced criminal defense lawyer to determine the best possible way out. They can also help with questions like what is petty theft in Texas?
Can Shoplifting Lead to Felony Theft Charges in Texas?
Typically, shoplifting falls under the general theft laws in Texas, and the punishments may vary depending on the value of the property stolen. The defendant could face enhanced penalties in such situations, especially if they tried to tamper with the theft detector at the retail store.
Have You Been Arrested for Theft? Don't Plea and Call Sparks Law Firm!
If you commit theft or unlawfully appropriate property in Fort Worth, Texas, the penalties can range from a Class C misdemeanor to a first-degree felony. This can have an adverse impact on your life. Fortunately, Sparks Law Firm is on your side.
Call us to schedule a free consultation with our experienced team. We can investigate the facts surrounding your theft offense and fight the charges to ensure a clean criminal record!
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