What Is Considered Petty Theft and How Is It Defined in Texas?

Understanding Petty Theft

Stealing, in its many forms, can range from snatching a low-cost item like a piece of candy from a store to swiping expensive assets like diamond necklaces or even cars. Stealing a relatively cheap item, such as a shirt priced at $50, is typically categorized as petty theft. On the other hand, pilfering something as valuable as jewelry worth $125,000 would unquestionably be considered a significant felony theft.

Petty Theft vs. Grand Theft

The distinction between petty theft charges and a grand theft offense rests largely on the value of the stolen items. Most states, including Texas, classify thefts based on the property's value. If the theft involves a value of the property below a certain threshold, it's termed as petty theft or misdemeanor theft. If the theft's value crosses that limit, it's then termed grand or felony theft. These thresholds differ from one state to another. For example, one state might consider thefts under $500 as petty, while another might place that bar at $2,500.

Another factor in this distinction can be the type of property stolen. Certain states might classify the theft of specific items like firearms or vehicles as grand theft, regardless of their monetary value.

Defining Theft Under Texas Law

In Texas, theft or larceny is committed when a person "unlawfully appropriates property with intent to deprive the owner of the property." Simplifying this legal jargon: theft happens when you take someone else's property without their consent, with the intention of keeping it permanently.



Texas encompasses a wide range of unlawful actions under its theft crime law, from extortion and embezzlement to receiving stolen property. One can be accused of stealing physical items, real estate, documents, or even services. Texas also identifies other theft-related crimes such as organized retail theft, theft of trade secrets, theft by check, and cargo theft.

Classification of Theft Offenses in Texas

The Lone Star state is particularly clear in its classifications for petty theft offenses. Here's a breakdown:

• Class C Misdemeanor Theft: Involves stolen property or services valued at less than $100. The penalty can go up to a $500 fine.
• Class B Misdemeanor Theft: This is for stolen items valued between $100 and $750 or a subsequent offense for an item below $100. Penalties can include a fine up to $2,000 and/or imprisonment up to 180 days.
• Class A Misdemeanor Theft: Concerns thefts valued between $750 and $2,500. Penalties can encompass a fine up to $4,000 and/or imprisonment up to a year.
• State Jail Felony Theft: This involves theft of items between $2,500 and $30,000 or specific items like firearms, election ballots, or certain livestock, regardless of their value. The punishment ranges from 180 days to two years in state jail and/or a fine up to $10,000.
• Third-Degree Felony Theft: Involves thefts valued between $30,000 and $150,000. The punishment can range from two to ten years in prison and/or a fine up to $10,000.
• Second-Degree Felony Theft: This pertains to thefts between $150,000 and $300,000. The punishment can range from two to twenty years in prison and/or a fine up to $10,000.
• First-Degree Felony Theft: Concerns thefts valued at $300,000 or more. Punishments can be severe, ranging from five to 99 years in prison and/or a fine up to $10,000.

In case you repeat petty theft offenses, make sure you're ready to face more severe consequences. If the petty theft occurs a second time, meaning that it can result in jail time. If you commit petty theft a third or even more times, you can be facing a state jail felony charge.

Additionally, if you are caught committing theft in Texas with a prior theft conviction for similar offenses in another state or country, these prior offenses may be taken into consideration during sentencing and could result in harsher penalties.

Retail Theft in Texas

In Texas, retail theft, more commonly known as shoplifting, is categorized under general theft laws. The penalties depend on the stolen goods' value. Furthermore, individuals using devices to deactivate retail theft detectors can face stiffer penalties. The state's theft law delineates six levels of retail theft according to the stolen goods' value, as mentioned above. However, additional factors such as the offender's prior criminal record, use of force or violence during the theft, and type of stolen goods can also impact the punishment.

Civil Repercussions of Theft in Texas

Beyond criminal charges, a person committing theft may face civil liabilities. The victim, such as a retailer in a shoplifting incident, can sue the thief for damages, legal costs, and even a civil penalty of up to $1,000.

Defending Your Rights

If you find yourself entangled in a theft case in Texas, it's imperative to seek legal counsel. The ramifications of theft charges are not just confined to jail time or fines; they can have lasting impacts on employment opportunities, housing qualifications, and more.

Understanding your rights and the nuances of Texas law can make all the difference. Knowledge is power, and in legal matters, it's the best defense you can have.

The Law Office of Rolando Cantu is committed to providing expert legal representation for individuals facing criminal charges in Texas. Our experienced criminal defense attorney will ensure that your rights are protected throughout the legal process and fight tirelessly for the best possible outcome for your case.

Don't let a mistake or misunderstanding lead to severe consequences; contact us today for a confidential consultation. Remember, every individual deserves a fair trial and representation!