Can You Go to Jail for Stealing $20 in Texas?
Table of Contents
Free, Confidential Case Review
Tell us what happened. A defense attorney reviews every submission — usually within an hour, day or night.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
§ 31.03 — Texas theft penalty schedule
Under $100: Class C misdemeanor (fine only, up to $500). $100-$750: Class B misdemeanor (up to 180 days jail + $2,000 fine). $750-$2,500: Class A misdemeanor (up to 1 year + $4,000). $2,500-$30,000: state-jail felony (180 days-2 years). $30,000-$150,000: third-degree felony (2-10 years). $150,000-$300,000: second-degree (2-20 years). $300,000+: first-degree (5-99 years).
Theft of $20 specifically — Class C
Stealing $20 is Class C misdemeanor — no jail possible, only fine up to $500. Typically resolved through justice court or municipal court. Heard quickly; many defendants plead no contest and pay fine. Class C convictions create criminal record but are eligible for nondisclosure or expunction under specific conditions.
Enhancements that elevate theft
Prior theft convictions enhance penalties under § 31.03(e)(4). Two prior theft convictions elevate any theft (any amount) to state-jail felony. Theft from elderly (65+) or disabled — increased one penalty level. Theft of livestock, oil, firearm, controlled substance — separate enhanced statutes. Organized retail theft (§ 31.16) for coordinated shoplifting rings.
Defenses to Texas theft
(1) Lack of intent to permanently deprive — defendant believed item was free, abandoned, or temporarily borrowing; (2) Mistaken identity — wrong person identified; (3) Owner consent — express or implied permission; (4) Mistake of fact — defendant believed they owned the property; (5) Coercion or duress; (6) Restoration before discovery (rare defense). Value determination: prosecution must prove value beyond reasonable doubt.
Civil suits and store civil demands
Texas stores often send civil demand letters under Civil Practice & Remedies Code Chapter 134.005 — demanding payment of $250-$500 for shoplifting incidents even without criminal prosecution. These civil demands are legal but not enforceable through criminal contempt — they're civil claims. Ignoring them rarely results in lawsuits because cost of litigation exceeds recovery. Criminal prosecution decided separately by DA, not store.
Texas Theft Penalty Schedule (§ 31.03)
| Value of property | Grade | Punishment | Statute |
|---|---|---|---|
| Under $100 | Class C misdemeanor | Fine up to $500 (no jail) | § 31.03(e)(1) |
| $100–$750 | Class B misdemeanor | Up to 180 days + $2,000 | § 31.03(e)(2) |
| $750–$2,500 | Class A misdemeanor | Up to 1 year + $4,000 | § 31.03(e)(3) |
| $2,500–$30,000 | State jail felony | 180 days–2 years | § 31.03(e)(4) |
| $30,000–$150,000 | 3rd-degree felony | 2–10 years | § 31.03(e)(5) |
| $150,000–$300,000 | 2nd-degree felony | 2–20 years | § 31.03(e)(6) |
| $300,000+ | 1st-degree felony | 5–99 years or life | § 31.03(e)(7) |
| Stealing $20 is a Class C misdemeanor — fine only, no jail. Two prior theft convictions raise any theft (any amount) to a state jail felony (§ 31.03(e)(4)(D)); theft from an elderly or disabled person increases the level by one step. Value thresholds reflect current law (effective Sept. 1, 2015). | |||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas property crimes, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Chapter 28-32 spectrum — theft (Chapter 31), burglary (§ 30.02), robbery (§ 29.02), aggravated robbery (§ 29.03), criminal mischief (§ 28.03), credit-card abuse (§ 32.31), and forgery (§ 32.21). We routinely litigate valuation contests under § 31.08, mistake-of-fact defenses, and the federal mail/wire fraud parallel-prosecution analysis.
Frequently Asked Questions
Will I go to jail for shoplifting $20 in Texas?
No — theft under $100 is Class C misdemeanor (fine only, up to $500). No jail possible. Typically resolved through justice or municipal court. Creates criminal record subject to potential expunction or nondisclosure.
What's the threshold for felony theft in Texas?
$2,500 — at this level, theft becomes state-jail felony (180 days-2 years). $30,000 becomes third-degree (2-10 years). $150,000 becomes second-degree (2-20 years). $300,000+ becomes first-degree (5-99 years).
Can prior theft convictions make $20 theft a felony?
Yes — under § 31.03(e)(4)(D), two prior theft convictions elevate any theft (any amount) to state-jail felony. So a defendant with two prior theft convictions stealing $20 faces 180 days-2 years state jail.
What if a store sends me a civil demand letter for shoplifting?
These are legal under CPRC § 134.005 — typically demand $250-$500. Not enforceable through criminal contempt. Stores rarely sue if you ignore demand because litigation cost exceeds recovery. Criminal prosecution decided by DA, not store, regardless of civil demand outcome.
Can I expunge a $20 theft conviction?
Limited — Class C misdemeanor convictions can be sealed via nondisclosure after 2 years (Government Code § 411.0735(b-1)). Full expunction requires dismissal/acquittal/no-bill. Most Class C theft cases that result in conviction are eligible for nondisclosure after waiting period.
References & Statutes
Was this article helpful?
Talk to a real attorney
Send a few details and a defense attorney will reach back within an hour, day or night. No call center. No paralegal screen.
