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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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How long is a theft charge punishment in texas?

Feb 15, 2022

How long is a theft charge punishment in texas?

If you are convicted of a theft charge in Texas, you could be facing some serious punishment. The length of your sentence will depend on the value of the stolen property and other factors such as your criminal history. In this blog post, we will discuss the different punishment ranges for theft charges in Texas. We will also provide some tips on how to avoid a conviction if you are charged with theft.

Texas Theft Laws

Texas theft laws describe what constitutes shoplifting, robbery, or the unlawful taking of property in a manner that constitutes theft. Each state categorizes theft crimes and punishes them based on the severity of their actions.


Under Texas law and the Texas theft liability act, theft refers to the unlawful taking of property. It also includes receiving stolen goods. Theft is an offense that can range from a Class C misdemeanor to a First-Degree felony depending on the value of stolen goods or services stolen and other factors such as prior convictions for theft offenses in Texas courts. Theft can also be a federal offense.


First, let's take a look at what is known as the Texas theft law. Texas Penal Code Section 31.03 defines theft as intentionally or knowingly obtaining or exerting unauthorized control over property that has a value of $100,000 or more under certain circumstances.


When it comes to theft in Texas, the state has a very strict set of rules. Some types of theft are not as severe as others and there are different ways to be charged with theft. If you commit theft, you could be facing charges that carry serious consequences for years to come. We will discuss the ins and outs of theft laws in Texas so that you can know about these consequences firsthand and take the necessary precautions in order to avoid them in a few sections more.

Classification of Theft Offenses

Most states classify and punish theft offenses based on the value stolen. Value can include anything that the owner cherishes such as other people’s money, property, or something of sentimental value. Given that there are no two things alike, it is not surprising that there are also no two states with identical theft classification systems.


Criminal statutes outline a variety of theft-related crimes and the specific punishments when they are committed. While there are several different classifications, the most common include shoplifting, embezzlement, fraud, and robbery.


Being charged with theft can seem like a scary thing, but it is not the end of the world. There are different degrees of theft, and the punishment in texas depends on the severity. Understanding how they differ is important in facing this situation.

Theft of stolen goods

Is a state jail felony. The punishment for this type of theft crime in Texas is imprisonment in a state jail for not less than 180 days but not more than two years and a fine of up to $10000.


Theft with multiple stolen goods is also a state jail felony. The punishment for this type of theft charge in Texas is imprisonment in a state jail for not less than 180 days but not more than two years and a fine of up to $10000.

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Theft from stolen goods is also a state jail felony. The punishment for this type of theft charge in Texas is imprisonment in a state jail for not less than 180 days but not more than two years and a fine of up to $10000.

Organized retail theft

When the stolen property is valued at less than $20,000 is a third-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $5000.


When the stolen property is valued at $20,000 or more is a second-degree felony. The punishment for this type of theft crime in Texas is imprisonment in TDCJ ID for not less than two years but not more than 20 years and a fine of up to $10000.


When stolen services are valued at less than $20 is a state jail felony. The punishment for this type of theft charge in Texas is not more than 180 days and, in addition to or instead of such imprisonment, may be punished by a fine up to $10000.

Theft of service

Is a Class B misdemeanor. The punishment for this type of theft charge in Texas is a fine of up to $2000, confinement in jail for not more than 180 days, or both such fine and imprisonment.

Theft by check

When the stolen property is valued at less than $20 is a state jail felony. The punishment for this type of theft charge in Texas is not more than 180 days and, in addition to or instead of such imprisonment, may be punished by a fine up to $10000.


When the stolen property is valued at between $200 and $500 is a Class A misdemeanor. The punishment for this type of theft crime in Texas is a fine of up to $4000, confinement in jail for not more than one year, or both such fine and imprisonment.


When the stolen property is valued at between $500 and $1500 is a third-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $5000.


When the stolen property is valued at $1500 or more, but less than $20,000 is a second-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than 20 years and a fine of up to $10000.

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When the stolen property is valued at $20,000 or more is a first-degree felony. The punishment for this type of theft crime in Texas is imprisonment in TDCJ ID for life or 15 years to 99 years or life and a fine not to exceed $10000.

Small theft

Theft of property valued at between $25 and $50 is a Class C misdemeanor. Punishment for this type of theft charge in Texas is a fine not to exceed the value stolen or stolen goods, whichever is greater; community service hours equal to the amount stolen; and restitution to the stolen property owner of stolen goods or their value if stolen.

Grand theft

Theft of property valued at more than $500 is a Class C misdemeanor. Punishment for this type of theft charge in Texas is a fine not to exceed twice the value of stolen or stolen goods, whichever is greater; community service hours equal to the amount stolen, and restitution to the stolen property owner of stolen goods or their value if stolen.

Felony Theft

Theft of property valued at $100,000 or more is a state jail felony. The punishment for this type of theft charge in Texas is imprisonment in a state jail for not less than 180 days but not more than two years and a fine of up to $20,000.


Theft of property valued at between $30,000 and $150,000 is a second-degree felony. The punishment for this type of theft crime in Texas is imprisonment in the Texas Department of Criminal Justice Institutional Division (TDCJ ID) for not less than two years but not more than 20 years and a fine of up to $10000.


Theft of property valued at between $20,000 and $30,000 is a third-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $5000.

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Theft of property valued at less than $20,000 is a state jail felony. The punishment for this type of theft charge in Texas is imprisonment in a state jail for not less than 180 days but not more than two years and a fine of up to $10000.

Theft of stolen services

When the stolen property is valued at less than $20,000 is a third-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $5000.

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When the stolen property is valued at $20,000 or more is a second-degree felony. The punishment for this type of theft crime in Texas is imprisonment in TDCJ ID for not less than two years but not more than 20 years and a fine of up to $10000.

Theft by check when stolen services are involved

When stolen services are valued at less than $20 is a state jail felony. The punishment for this type of theft charge in Texas is not more than 180 days and, in addition to or instead of such imprisonment, may be punished by a fine up to $10000.


When stolen services are valued at between $200 and $500 is a Class A misdemeanor. The punishment for this type of theft crime in Texas is a fine of up to $4000, confinement in jail for not more than one year, or both such fine and imprisonment.


When stolen services are valued at between $500 and $1500 is a third-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $5000.


When stolen services are valued at $1500 or more, but less than $20,000 is a second-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than 20 years and a fine of up to $10000.

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When stolen services are valued at $20,000 or more is a first-degree felony. The punishment for this type of theft crime in Texas is imprisonment in TDCJ ID for life or 15 years to 99 years or life and a fine not to exceed $10000.

Trade secrets theft

When stolen services are valued at less than $20,000 is a state jail felony. The punishment for this type of theft charge in Texas is imprisonment in a state jail for not less than 180 days but not more than two years and a fine of up to $10000.


When stolen services are valued at $20,000 or more is a third-degree felony. The punishment for this type of theft crime in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $5000.


When stolen services are valued at $200,000 or more is a second-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than 20 years and a fine of up to $10000.


When stolen services are valued at $200,000 or more is a first-degree felony. The punishment for this type of theft crime in Texas is imprisonment in TDCJ ID for life or 15 years to 99 years or life and a fine not to exceed $10000.

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When stolen services are valued at more than $300,000 is a first-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for life or 15 years to 99 years or life and a fine not to exceed $10000.

Penalties for Theft in Texas

Theft is regarded as one of the many forms of larceny. It is a violation of laws that prohibit taking private property from another person or entity without his/her consent and with the intent to deprive him/her of the rightful ownership or possession. A person who commits theft can be both a juvenile and a criminal depending on the circumstances or nature of the crime. The penalties for theft in Texas, type, and classification of treatment vary by jurisdiction, theft offense type, the value of the property, and the law enforcement agency you are dealing with, with fines and punishments being mostly composed of misdemeanor conditions.

Class A misdemeanor

Theft of property valued at less than $50 is a Class A misdemeanor. The punishment for this type of theft charge in Texas is up to one year in jail and a fine of up to $500.

Class B misdemeanor

Theft of property valued at between $50 and $500 is a Class B misdemeanor. The punishment for this type of theft charge in Texas is up to 180 days in jail and a fine of up to $2000.

Class C misdemeanor

Theft of property valued at less than $25 is a Class C misdemeanor. The punishment for this type of theft charge in Texas is a fine of up to $500.

State jail felony

Theft of property valued at between $500 and $1500 is a state jail felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ for not less than 180 days but not more than two years and a fine of up to $10000.

Third-degree felony

Theft of property valued at between $1500 and $20,000 is a third-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than ten years and a fine of up to $10000.

Second-degree felony

Theft of property valued at between $20,000 and $100,000 is a second-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for not less than two years but not more than 20 years and a fine of up to $20000.

First-degree felony

Theft of property valued at between $100,000 and $200,000 is a first-degree felony. The punishment for this type of theft charge in Texas is imprisonment in TDCJ ID for life or 15 years to 99 years or life and a fine not to exceed $20000.

Potential Defenses to Theft Charges

Without the proper defenses, theft charges in Texas can lead to serious punishments. What theft usually depends upon the exact situation. The penal code defines the different types of theft, including Theft and the value of stolen property; and embezzlement.


To successfully defend against a theft charge in the state of Texas, the defense attorney must first understand the elements that prove up a criminal case for theft.


The prosecution must prove, beyond a reasonable doubt, each element of the crime charged. The four general elements of theft are:


  1. that the accused unlawfully appropriates property.
  2. that he or she did so without the consent of the owner
  3. with the intent to deprive the owner of the stolen property
  4. and that he or she carried away stolen property or used, concealed it in a manner to appropriate it to his/her own use.


The defenses that an experienced theft lawyer may raise on your behalf could include some of the following:


  • Lack of intent: An act is stolen if it was stolen with the intent to deprive the owner of his property. In other words, the prosecution must prove that you intentionally took and carried away stolen property with the intent to deprive the owner of it.


  • Lack of knowledge: You cannot be convicted of theft if you did not know that the property was stolen.


  • Duress: If you were forced or threatened with death or serious bodily injury, you cannot be held criminally responsible for theft.


  • Entrapment: If a law enforcement officer induced you to commit the crime, you may have a defense of entrapment.


  • Receiving stolen property: It is a defense to receiving stolen property if the person charged did not know that the property was stolen or had no reason to believe it was stolen.


  • The claim of right: It is a defense to theft if you believed that the stolen property was yours.


  • Mistake: A mistake of fact regarding certain circumstances may be a defense to theft.


  • No intent to deprive the owner of stolen property: An act is stolen if it was stolen with the intent to deprive the owner of his property. However, if you took possession of the stolen property but did not have that intent, then you cannot be convicted of theft.


  • The owner gave consent: If the owner of the stolen property voluntarily and knowingly gave you permission to take it, then you cannot be convicted of theft.


  • Stolen property was abandoned: If the stolen property you took was “abandoned,” in other words, if it was left unattended and you did not take it with the intent to deprive the owner of it, then you cannot be convicted of theft.


  • Statute of limitations has expired: The statute of limitations is the time period within which the state must prosecute you for a crime. If the state does not prosecute you within that time period, you cannot be convicted of the crime.


Theft is a serious offense and should be treated as such. Remember that, If you have prior theft convictions, a criminal record, criminal penalties, any type of felony conviction, or have been previously convicted, you could be looking at a complicated case or even a state prison sentence.

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  • If you are charged with theft, you should contact an experienced criminal defense attorney immediately who will review the facts of your case and develop a defense strategy on your behalf.

You can find a lawyer who can help you.

Theft is a serious charge that can result in criminal penalties, including a state prison sentence. If you are charged with criminal charges, it is important to contact an experienced criminal defense attorney who will review the facts of your case and develop a defense strategy on your behalf.


Here at the Law Office of Rolando Cantu, we have been successfully representing clients in theft cases for years. Rolando Cantu is a former prosecutor who has the experience and knowledge to help you get the best possible outcome in your case. He provides legal counsel, an excellent attorney-client relationship, aggressive negotiation, and courtroom representation.


Remember that, “It is better to have a good attorney and not need one than the other way around”. Contact us today for a free consultation.

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