Theft charges in Texas are not one size fits all. The dollar value of the property at issue generally determines whether someone is facing a low-level misdemeanor or a felony with years of prison exposure, and a handful of specific circumstances can push even a low-value case into felony territory regardless of price tag. Understanding how these rules fit together is often the first step in figuring out what is actually at stake in a theft case.

How Texas Defines Theft

Under Texas Penal Code Section 31.03(a), a person commits theft by unlawfully appropriating property with the intent to deprive the owner of it. “Deprive” has a specific legal meaning under Section 31.01: it generally means withholding property permanently, or for so long that a major portion of its value or use is lost to the owner.

This definition is broad enough to cover far more than shoplifting. Common scenarios charged as theft in Montgomery County and throughout Texas include taking merchandise from a store, an employee diverting company funds or inventory, keeping a rental item without paying, and using deception to obtain property that would not otherwise have been handed over.

How the Value of the Property Determines the Charge

The Texas Legislature last adjusted these dollar thresholds in 2015, and the current penalty structure under Section 31.03(e) is based on the value of the property involved:

• Less than $100: Class C misdemeanor, punishable by a fine of up to $500
• $100 to less than $750: Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000
• $750 to less than $2,500: Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000
• $2,500 to less than $30,000: state jail felony, punishable by 180 days to two years in a state jail facility and a fine of up to $10,000
• $30,000 to less than $150,000: third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000
• $150,000 to less than $300,000: second-degree felony, punishable by two to twenty years in prison and a fine of up to $10,000
• $300,000 or more: first-degree felony, punishable by five to ninety-nine years, or life, in prison and a fine of up to $10,000

Value is generally measured by the fair market value of the property at the time and place of the offense, which is itself sometimes a contested issue in a theft case.

When a Lower-Value Theft Still Becomes a Felony

Several circumstances can elevate a theft charge to a felony regardless of how little the property was worth. Under Section 31.03, these include:

• Stealing a firearm, which is automatically a state jail felony
• Taking property directly from another person’s body, such as pickpocketing
• Having two or more prior theft convictions of any grade, which makes any new theft a state jail felony no matter the amount involved
• Stealing certain controlled substances from a pharmacy, hospital, or drug distributor’s vehicle
• Specific enhancements tied to catalytic converters and theft involving a firearm during the offense

Texas law also allows prosecutors to combine, or aggregate, multiple thefts into a single charge when they are part of one scheme or continuing course of conduct under Section 31.09. This provision often applies in employee theft cases, where smaller amounts taken over weeks or months can be added together and charged as one higher-level offense once the combined total crosses a felony threshold.

Charges Often Confused With Theft

Several related offenses are charged under different sections of the Texas Penal Code and carry their own rules:

• Unauthorized use of a vehicle under Section 31.07, which does not require proof that the person intended to permanently keep the vehicle
• Theft of service under Section 31.04, which covers obtaining services, such as utilities or labor, without paying as agreed
• Organized retail theft under Section 31.16, which applies when multiple people or specialized devices are used to defeat a store’s theft prevention measures
• Robbery, a separate and more serious charge under Chapter 29 that applies when theft is accompanied by force or the threat of force

Because these offenses overlap in everyday language but differ in their legal elements, the specific statute a person is charged under can significantly affect both the available defenses and the potential penalty.

Theft Allegations Can Also Lead to a Civil Lawsuit

Beyond the criminal case, Texas law allows a property owner to pursue a separate civil claim under the Texas Theft Liability Act, found in Chapter 134 of the Texas Civil Practice and Remedies Code. A person found liable in a civil theft suit can be ordered to pay the owner’s actual damages plus additional statutory damages of up to $1,000, along with the prevailing party’s attorney’s fees. When a minor commits theft, a parent or other person responsible for the child’s care can also be held civilly liable, with damages in that situation capped at $5,000. This civil process is separate from, and can proceed alongside, any criminal charges.

Factors That Can Affect How a Case Resolves

No two theft cases unfold the same way, but several factors commonly influence the outcome, including:

• Whether the person has any prior criminal history
• Whether there is a genuine dispute about intent, such as a claimed right to the property or a mistake about ownership
• Whether the value of the property, and therefore the level of the charge, is accurately established
• Whether diversion programs, deferred adjudication, or other alternatives to a final conviction are available in the county where the case is filed
• How a conviction could affect future eligibility for an expungement or order of nondisclosure

Each of these issues can shape both the immediate penalty range and the longer-term consequences of a theft charge.

Talk to a The Woodlands Theft Defense Attorney

If you or someone you know is facing a theft charge in The Woodlands or Montgomery County, Morgan Bourque Attorney at Law can review the case and explain the options available. Our criminal defense attorneys handle theft charges ranging from misdemeanor shoplifting to felony-level allegations. Reach out through our contact page or call (713) 766-6001 to schedule a consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.