How Much Theft Is a Felony in Texas? Dollar Thresholds
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Table of Contents
The complete theft threshold table
Penal Code §31.03(e):
| Value | Classification | Punishment |
|---|---|---|
| Under $100 | Class C misdemeanor | Up to $500 fine |
| $100-$749 | Class B misdemeanor | 180 days; $2,000 |
| $750-$2,499 | Class A misdemeanor | 1 year; $4,000 |
| $2,500-$29,999 | State jail felony | 180 days-2 years state jail; $10,000 |
| $30,000-$149,999 | 3rd degree felony | 2-10 years TDCJ; $10,000 |
| $150,000-$299,999 | 2nd degree felony | 2-20 years TDCJ; $10,000 |
| $300,000+ | 1st degree felony | 5-99 years or life; $10,000 |
$2,500 is the felony threshold. Below that line, theft is misdemeanor; at or above, theft is felony.
Enhancements that move cases up
Several enhancements move theft cases up one classification level:
- Theft from elderly (65+) or disabled person. Penal Code §31.03(f)(3).
- Theft of property held for delivery to another. Theft of mail, packages.
- Theft from a person (pickpocketing, snatching). Class A misdemeanor floor.
- Theft of livestock under specific conditions.
- Theft of firearm. State jail felony floor.
- Theft from government. Various enhancements.
- Theft as ATM/cash-machine offense.
The enhancement applies to the underlying value-based classification. A $1,500 theft (Class A misdemeanor) from elderly becomes state jail felony. A $5,000 theft (state jail felony) from elderly becomes third-degree felony.
Value calculation and aggregation
Texas Penal Code §31.08 sets the value calculation rules:
- Fair market value at time and place of offense.
- Replacement cost for property without market value.
- Value to owner for property without fair market value.
Aggregation under §31.09: Theft committed pursuant to single scheme or continuing course of conduct can be aggregated for value purposes. Five $1,000 thefts can aggregate to $5,000 (state jail felony) rather than separate Class A misdemeanors.
Defense angles on value:
- Below-market valuations
- Depreciated valuations
- Cost-to-replace lower than retail
- Disputed ownership
- Aggregation challenges (separate scheme arguments)
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 criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Is shoplifting a felony?
Depends on value. Single-incident shoplifting under $2,500 is misdemeanor. Aggregated patterns can reach felony levels. Texas has specific organized retail theft laws under Penal Code §31.16 with different thresholds and treatment.
What if I returned the property?
Returning property doesn't prevent prosecution but affects sentencing. Texas Penal Code §31.03 doesn't have a "returned property" defense. However, restitution and return of property typically affect plea offers and judicial leniency.
How are multiple thefts aggregated?
Texas Penal Code §31.09 allows aggregation when thefts are part of "one scheme or continuing course of conduct." Multiple thefts from same victim or related victims can aggregate. Defense argues separate schemes to prevent aggregation. The aggregation question often determines felony vs. misdemeanor charging.
Is online retail theft different?
Generally same theft framework applies. Stealing online with stolen credit cards combines theft with credit card abuse charges. Organized online theft can fall under organized retail theft §31.16 with specific provisions.
What's the difference from robbery?
Theft requires taking. Robbery (Penal Code §29.02) requires taking with use or threat of force. Aggravated robbery requires additional aggravator (deadly weapon, serious bodily injury, elderly victim). Robbery is more serious felony at all levels.
