A person commits theft if he/she unlawfully appropriates property with the intent to deprive the owner of that property. When a person commits theft, he/she may be charged with misdemeanor or felony theft. The type of charge will depend upon the value (dollar amount) of the property that was stolen and if a weapon was used during the commission of the crime.

Misdemeanor theft is when a person illegally takes another person's property without the person's consent and the value of the property is less than $2,500.00. The most commonly committed misdemeanor theft crime is shoplifting. Felony theft is when a person illegally takes another person's property without the person's consent and the value of the property is more than $2,500.00.

In 2015 Legislative Session, pecuniary loss thresholds applied to property crimes were adjusted as follows:

  • Class C Misdemeanor: less than $100
  • Class B Misdemeanor: $100 to $750
  • Class A Misdemeanor: $750 to $2,500
  • State Jail Felony: $2,500 to $30,000
  • 3rd Degree Felony: $30,000 to $150,000
  • 2nd Degree Felony: $150,000 to $300,000
  • 1st Degree Felony: Over $300,000
Types of Theft Crimes

The following is a list of commonly committed theft crimes in Texas:

  • shoplifting
  • theft by check 
  • burglary 
  • theft of firearm
  • identity theft
  • credit card theft
  • fraud
  • embezzlement
  • forgery
  • motor vehicle theft
  • robbery

Any person who is convicted of a theft crime may be sentenced with jail or prison time, fines, probation, community service, and restitution. Additionally, the person's theft crime conviction will show up on his/her criminal record, which is accessible to the public. When a person has a theft crime conviction on his/her criminal record, it can be very difficult for him/her to obtain employment, housing, and education opportunities.

Effects of a Theft Conviction

A conviction for theft can have a significant impact on your life. It will be on your criminal record as a theft arrest and conviction and may cause you to loose professional, educational, and even housing opportunities. If you currently have a professional license that license may also be in jeopardy if the licensing agency becomes aware of the theft. Furthermore, a theft conviction is considered a crime of moral turpitude. That means that if you are convicted of theft you cannot sit as a juror, a fundamental right of American citizens.

Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.

Free initial consultations and reasonable fees.  Personal payments plans available and most major credit cards accepted.  Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.

Conveniently located on the Montgomery County Courthouse square since 1983.

For more information on Theft  Contact Gilbert Garcia today at 936-756-3333.

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