When Does Theft Become a Felony in Texas?

In Texas, theft crimes like shoplifting or petty theft are charged as a misdemeanor and are very common.  However, there are many circumstances in the Texas penal code where theft can be charged as a felony.  The value of the property stolen, the type of property and how it was stolen, and the criminal history of the accused are all factors that can contribute to a theft charge being elevated to a felony.

Property Value of Theft

The value of the property stolen is one factor that determines whether theft will be charged as a misdemeanor or felony theft.  If the value of the property stolen is less than $2500, it will usually be charged as a misdemeanor.  There are different classifications for values on petty theft charges up to class A misdemeanors.  If the value of the property stolen is over $2500, it will usually be charged as a felony.  Additionally, there are several other factors that can influence the severity of your theft charge, such as whether any weapon was involved in the theft or whether you have prior convictions for theft-related crimes.  While the details of each case will vary depending on individual circumstances and local laws, it is clear that property plays an important role in theft charges in Texas and should be taken seriously by anyone facing these types of criminal charges.  With this information in mind, you can work towards protecting yourself against the potentially severe consequences of theft-related criminal charges.

Type of Property and How it Was Stolen

The type of property stolen is another factor that determines whether theft will be charged as a misdemeanor or felony.  If the property stolen is a firearm, it will always be charged as a felony.  If the property stolen is cattle, it will also be charged as a felony.

How the property was stolen can also play a role in the severity of the theft charge.  Some of the most common forms of theft include burglary, shoplifting, transportation theft, and cyber theft.

Burglary occurs when someone breaks into a home or building without permission and takes property or damages the property while they are inside.  This type of theft is often punished as a felony because it is considered to be a very serious offense.

Shoplifting describes an act of stealing merchandise from a store, typically by concealing the items on one’s person or in one’s bag or backpack . As with burglary, this kind of theft may be prosecuted as a felony, depending on factors such as the value and type of merchandise stolen.  Additionally, anyone who commits theft while armed with a weapon can face more severe charges and penalties.

Transportation theft includes theft carried out through physical transportation or through electronic means such as credit card fraud or identity theft.  Theft involving cargo is also considered to be transportation theft, and this form of crime is almost always prosecuted as a felony due to its potential for damage and loss that affects large numbers of people at once.

Lastly, cyber theft involves using technology in order to commit property theft online.  This can include hacking into bank accounts or other financial accounts, creating fake websites in order to steal money from unsuspecting consumers, illegally accessing private information stored online, and more.  Like other types of property theft, cyber theft may be prosecuted as either a misdemeanor or a felony depending on factors such as the amount stolen and whether any additional crimes were committed alongside it.  No matter what type of property theft you are facing charges for, it is important to seek legal counsel in order to ensure your rights are protected throughout the criminal justice process.

Criminal History and How it Relates to a Theft Charge

When facing theft charges in Texas, the severity of the charge can often depend on a person’s criminal history.  People with existing criminal records are generally seen as more likely to commit future crimes, and thus they may be treated more harshly if accused of theft.  For example, if someone has previously been convicted of robbery or burglary, they may be sentenced to prison time for a misdemeanor theft charge.  Additionally, factors such as the value of the stolen item(s) and any aggravating circumstances involved in the offense can also have an impact on sentencing.

While having a criminal history certainly makes it more challenging to plea for leniency during a theft trial, it is not necessarily impossible.  A skilled criminal defense attorney from The Fox Firm law office can help prepare a defense that takes into account all relevant factors in order to potentially secure a favorable outcome for our client.  As such, anyone who is facing theft charges in Texas should strongly consider seeking legal representation as soon as possible.  With the right representation and planning, even those with prior convictions have the potential to avoid harsh punishments for their alleged offenses.

Felony Theft Charges

Even if your alleged offense is charged as a felony theft, there are significant differences in punishments among felony charges.  Whether the felony charge is a state jail felony, third degree felony, a second degree felony, or most consequential first degree felony according to the Texas penal code, it is critical to obtain legal advice from a criminal defense attorney.  Depending on the circumstances of your case, they may be able to reduce the criminal offense to a lesser criminal charge; in some cases even down to a class A misdemeanor.

Attorney for Theft Charge In Plano, Texas

Ultimately, whether or not your alleged theft crime is charged as a felony depends on a number of factors.  That is why it is critical to talk to an experienced criminal defense attorney to discuss your options and determine how to beat the theft charge or what course of action may be best for your particular case.  With the help of a knowledgeable theft charge lawyer, you can work to ensure that you receive fair treatment throughout your case and protect your rights and interests at all times.  Contact us today for a consultation to determine the best course of action for your case.