Defenses to Theft in Texas

Although a theft offense may appear straightforward, there are many possible defenses that one could use to avoid conviction. For example, if the offense was committed in an emergency situation where another individual’s safety or property was at risk, this can be used as a defense. Additionally, mistakes made by law enforcement officers when gathering evidence may be considered grounds for dismissal of charges. Furthermore, if an individual is charged with Theft but believes they had permission from the owner to take the property in question or otherwise did not act with criminal intent, this too could present a possible defense against conviction.

Punishments for Theft in Texas

The punishments for Theft of Property depend on the value and type of property stolen. Theft is typically charged as a misdemeanor, but those convicted may face jail time up to one year in addition to fines. Theft of property valued at more than $2,500 is considered a felony offense and can carry stiffer penalties such as lengthy prison sentences, high restitution payments and extensive court supervision. Theft of certain items such as firearms or livestock may also be classified as felonies despite their lower value. Theft convictions can also have long-term consequences such as difficulty obtaining employment or housing due to a criminal record.

Texas uses what they call the "value ladder" to determine the degree of offense for Theft and other crimes in Texas. The following shows the level of offense based on the value of the loss:

• Class C Misdemeanor - Under $100

• Class B Misdemeanor - $100 or more, but less than $750

• Class A Misdemeanor - $750 or more, but les than $2,500

• State Jail Felony - $2,500 or more, but less than $30,000

• Third-Degree Felony - $30,000 or more, but less than $150,000

• Second-Degree Felony - $150,000 or more, but less than $300,000

• First-Degree Felony - More than $300,000