Theft Charges in Texas: How the Value of Property Shapes Your Case
Short answer: In Texas, the value of the property involved in a theft is the main factor that decides whether the charge is a misdemeanor or a felony and how serious the possible punishment is. Theft of property worth less than $100 is a Class C misdemeanor. Theft of $300,000 or more is a first-degree felony. Because a difference of a few hundred dollars can change the charge entirely, anyone accused of theft in Houston should understand how value is calculated and what defenses may be available early in the case.
If you or someone you love has been arrested for theft, shoplifting, or a related offense, the charge can feel overwhelming. The law is more detailed than most people expect, and the early decisions in a case often matter a great deal. This guide explains how Texas classifies theft, how property value is determined, and what to do if you are facing a charge.
How Texas Law Defines Theft
Theft is covered by Section 31.03 of the Texas Penal Code. A person commits theft when they unlawfully appropriate property with intent to deprive the owner of it. “Appropriate” covers taking, using, or transferring property without the owner’s consent. The prosecution must prove intent, and that element is often where a defense begins. A person who believed they had permission, a right to the property, or who never intended to keep it may have a legitimate defense.
The Texas Theft Value Ladder
Texas uses a tiered system, often called the theft value ladder, to set the offense level. The table below shows the current ranges for a basic theft under Section 31.03.
| Property value | Offense level | Possible penalty |
|---|---|---|
| Under $100 | Class C misdemeanor | Fine up to $500; no jail |
| $100 to under $750 | Class B misdemeanor | Up to 180 days in jail; fine up to $2,000 |
| $750 to under $2,500 | Class A misdemeanor | Up to 1 year in jail; fine up to $4,000 |
| $2,500 to under $30,000 | State jail felony | 180 days to 2 years in state jail; fine up to $10,000 |
| $30,000 to under $150,000 | Third-degree felony | 2 to 10 years in prison; fine up to $10,000 |
| $150,000 to under $300,000 | Second-degree felony | 2 to 20 years in prison; fine up to $10,000 |
| $300,000 or more | First-degree felony | 5 to 99 years or life; fine up to $10,000 |
Value is determined under Texas Penal Code Section 31.08, which generally measures the property’s fair market value at the time and place of the offense. This is not always the price printed on a tag or the figure a store reports. Retailers often calculate losses using internal numbers that include inventory shrinkage, damaged goods, or replacement costs. Those figures can push a case into a higher category, so they should be reviewed carefully.
Shoplifting Is Prosecuted as Theft
Texas does not have a separate shoplifting statute. Shoplifting is prosecuted as theft under Section 31.03, and the value ladder determines the level of the charge. In some cases involving coordinated activity or resale of stolen merchandise, prosecutors may instead bring an organized retail theft charge under Section 31.16, which can carry more serious penalties. Because a store’s valuation of merchandise is often the key evidence, it is worth asking exactly how that number was calculated.
When a Low-Value Theft Becomes a Felony
A theft under $2,500 is usually a misdemeanor, but it can become a state jail felony if the person has two or more prior theft convictions. Certain types of property can also raise the level of the charge regardless of value. For example, theft of a firearm is often treated as a felony even when its value is relatively low. Prior record matters a great deal in theft cases, which is one reason that a conviction from years ago can still affect a new charge.
What to Do If You Are Charged With Theft in Houston
The steps you take right after an arrest can affect the outcome of your case. Consider the following:
- Do not discuss the incident with store security, police, or anyone else without speaking to an attorney first. Statements made in the moment are often used later.
- Preserve anything that may help, including receipts, store policies, photos, and the names of anyone who witnessed the event. Do not attempt to contact witnesses in a way that could be seen as pressure.
- Ask how the property was valued. Requesting the store’s documentation early can reveal whether the value figure is accurate.
- Speak with a criminal defense attorney as soon as possible. Depending on the facts, options may include challenging the value, disputing intent, or exploring alternatives in negotiations.
Frequently Asked Questions
Is shoplifting a crime in Texas?
Yes. Taking property without consent and with intent to deprive the owner of it is theft under Section 31.03, regardless of the amount. A theft under $100 is a Class C misdemeanor, which is punishable by a fine of up to $500 and does not carry jail time.
What is the difference between a misdemeanor and a felony theft charge?
A misdemeanor theft is handled at the county level and can carry up to one year in county jail, depending on the class. A felony theft carries state jail or prison time and results in a felony record, which can affect employment, housing, professional licensing, and gun rights for years.
Can I be charged with theft if I return the property?
Returning the property does not automatically end the case. Restitution is not a complete defense to theft, but it can matter in plea negotiations and when a prosecutor decides how to proceed. An attorney can explain how it may apply to your situation.
Can a theft charge be expunged?
Possibly. Expunction eligibility depends on how the case ended, such as a dismissal or acquittal, and on the specific charge involved. Because the rules are technical, each case should be reviewed individually.
Do I need a lawyer for a misdemeanor theft charge?
Yes, it is strongly advisable. Even a misdemeanor conviction can have lasting consequences, and it may count as a prior conviction in any future theft case. An attorney can evaluate the value, the evidence of intent, and possible resolutions before you make decisions that are difficult to undo.
Talk to a Houston Criminal Defense Attorney
This article provides general information about Texas theft law and is not legal advice. Every case depends on its specific facts, and the law is amended from time to time. If you have been charged with theft or shoplifting in Houston or the surrounding area, the Law Office of Myron G. Davis offers a free initial phone consultation. Call
(713) 236-0800 or visit our office at
7322 Southwest Freeway, Suite 555, Houston, TX 77074.
