Theft in Texas Penal Code §31.03 — Misdemeanor and Felony Thresholds
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Table of Contents
Theft penalty matrix by value
Penal Code §31.03(e) sets the punishment by value:
| Value | Class | Punishment |
|---|---|---|
| Under $100 | Class C misdemeanor | Up to $500 |
| $100-$749.99 | Class B misdemeanor | 180 days; $2,000 |
| $750-$2,499.99 | Class A misdemeanor | 1 year; $4,000 |
| $2,500-$29,999.99 | State jail felony | 180 days-2 years state jail |
| $30,000-$149,999.99 | 3rd degree felony | 2-10 years TDCJ |
| $150,000-$299,999.99 | 2nd degree felony | 2-20 years TDCJ |
| $300,000+ | 1st degree felony | 5-99 years or life |
Enhancements move the case up one level:
- Theft from elderly (65+) or disabled
- Theft of property held for delivery to another
- Theft of livestock under specific conditions
- Theft from a person (Class A misdemeanor floor)
- Theft from government (varies)
Theft elements
The state must prove:
- Unlawful appropriation. Taking, exercising control over, or otherwise appropriating property. Without consent of owner, or with consent obtained through deception or coercion.
- Of property. Anything of value, including services in some contexts.
- Intent to deprive. Intent to permanently keep the property, or use it for a long enough period that owner is substantially deprived of value.
"Owner" is defined broadly — any person with title or possessory interest, including legal possession. Roommates, business partners, and others can be "owners" for theft purposes.
Defense strategies
Common defenses:
Lack of intent to deprive. Where the defendant intended to return property (borrowed, mistakenly taken), the intent element fails. "Intent to deprive" requires more than mere taking.
Mistake of fact. Genuine belief that property was the defendant's or that defendant had right to take it. Common in business disputes, family disputes, repossession contexts.
Consent. Where the alleged "owner" consented (or appeared to consent) to the taking, theft elements fail.
Value challenges. Property valuation can move cases between tiers. Below-market valuations, depreciated valuations, and contested valuations affect penalty range substantially. Defense expert appraisal sometimes pulls cases to lower tiers.
Identity contests. In shoplifting and similar cases, identity is often contested. Surveillance video, witness identification, fingerprints — all subject to scrutiny.
Possession defense. Where the defendant's possession of the property had a lawful basis (gift, payment, prior agreement), theft elements fail.
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.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How is "value" calculated for theft?
Texas Penal Code §31.08 sets the valuation rules. Generally, fair market value at time and place of offense. For property without market value, replacement cost or value to owner. For services, the contracted price. Aggregate value can apply where multiple takings are part of single scheme.
Can I be charged with felony theft for a $1,000 item?
Probably Class A misdemeanor at base. Felony exposure ($2,500+) for single-item theft requires either higher value or aggravating factor. Repeat shoplifting, where multiple incidents are aggregated, can push individual misdemeanor cases to felony aggregate.
What's the difference between theft and burglary?
Theft is taking property. Burglary is entering a structure with intent to commit theft (or other felony). Burglary requires the entry element; theft does not. A burglary in progress that gets interrupted before any taking is still burglary; a taking from an unlocked open store with no entry is theft.
Are first-time shoplifting cases usually convictions?
Most first-time misdemeanor shoplifting cases resolve through pretrial diversion, deferred adjudication, or plea-to-Class C with eventual expunction. Actual conviction with permanent record is uncommon for first-time low-value shoplifting. Defense work focuses on diversion eligibility.
Can theft be expunged in Texas?
Yes, after dismissal, acquittal, completed pretrial diversion, or completed deferred adjudication for Class C offenses. Class B and A misdemeanor deferred adjudication can be sealed via nondisclosure under Government Code §411.0726. Felony theft convictions are permanent absent appellate reversal.
References & Statutes
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