Key Points:
- Texas theft charges are based on the dollar value of the item, not “petty” or “grand” labels.
- Lower-value theft may lead to fines or short jail time; higher-value cases can mean years in prison.
- Prior convictions, weapon use, or targeting specific victims can elevate a charge quickly.
Getting accused of theft, no matter the amount, can send you into panic mode. Whether it was a misunderstanding, a mistake, or something more complicated, a theft charge can affect your job, your record, and your freedom.
You might hear terms like “petty theft” and “grand theft” tossed around. While those labels aren’t used in Texas law, they’re helpful for understanding how the state classifies and punishes theft charges based on value.
Here’s what you need to know if you’re facing theft charges in Arlington, and how we can help protect your rights and future.
Texas Theft Law Basics
Under Texas Penal Code § 31.03, theft means taking property without the owner’s consent and with the intent to permanently keep it.
To convict someone of theft, prosecutors must prove that you:
- Took something that wasn’t yours.
- Didn’t have permission.
- Meant to keep it.
Intent matters. For example, if you walk out of a store with an item you forgot to pay for, that’s very different from hiding merchandise on purpose. The prosecution has to show you meant to steal.
Texas theft law also covers more than just shoplifting. Related offenses include:
- Embezzlement: Misusing money entrusted to you.
- Burglary: Entering a place to steal something.
- Robbery: Theft involving force or threats.
Knowing which type of theft you’re being accused of is the first step to building your defense.
What Most People Call “Petty Theft”
In Texas, low-value theft is still treated seriously, but it’s typically charged as a misdemeanor. These are cases where the stolen property is worth less than $2,500.
Here’s how it breaks down:
Class C Misdemeanor
- Value: Less than $100.
- Penalty: Fine up to $500.
- No jail time, but it still goes on your record.
Class B Misdemeanor
- Value: $100 to $749.
- Penalty: Up to 180 days in jail, and $2,000 fine.
Class A Misdemeanor
- Value: $750 to $2,499.
- Penalty: Up to 1 year in jail, and $4,000 fine.
Even if the dollar amount is low, the charge can get more serious fast, especially if you’ve been convicted of theft before, or if you stole specific items like driver’s licenses or ballots.
For example, taking something worth $20 may still lead to a Class B charge if you’ve had a prior theft case.
What Counts As “Grand Theft” In Texas
Once the property or services involved are worth $2,500 or more, the charge becomes a felony, which many people think of as “grand theft.”
Here are the felony levels based on value:
State Jail Felony
- Value: $2,500 to $29,999.
- Penalty: 180 days to 2 years in state jail, and up to $10,000 fine.
- Also applies to theft of firearms, certain metals, or if you have two prior theft convictions.
Third-Degree Felony
- Value: $30,000 to $149,999.
- Penalty: 2 to 10 years in prison, and up to $10,000 fine.
Second-Degree Felony
- Value: $150,000 to $299,999.
- Penalty: 2 to 20 years in prison, and up to $10,000 fine.
First-Degree Felony
- Value: $300,000 or more.
- Penalty: 5 to 99 years in prison, and up to $10,000 fine.
Even if the value isn’t high, certain items, like livestock, firearms, or government property, can lead to felony charges due to how they’re classified under Texas law.
What Else Can Elevate A Theft Charge?
It’s not just about value. Certain aggravating factors can raise the stakes of your case, including:
- Prior convictions (especially for theft or fraud).
- Targeting vulnerable victims, such as the elderly or nonprofits.
- Using a weapon or making threats.
- Working with others in an organized theft group.
- Committing the theft as a public servant or in a position of trust.
- Even if you’re facing a misdemeanor now, the presence of one of these factors could push your charge into felony territory.
How We Defend Theft Charges In Arlington
Every theft case is different. We start by getting the full picture, what happened, who was involved, what evidence exists, and then we build a defense that fits.
Depending on the facts, we may:
Challenge The Intent
You didn’t mean to steal, or didn’t know the property wasn’t yours.
Dispute The Value
If the prosecution inflated the item’s value, we work to get the charge reduced.
Attack The Evidence
We question store video quality, witness accuracy, or the legality of a search or arrest.
Negotiate Alternatives
If it’s your first offense, we may pursue a diversion program, probation, or community service, which can keep your record clean.
Our goal isn’t just to fight the charge; it’s to protect your future.
Arlington Theft FAQs
What If I Already Have A Theft Conviction?
Prior convictions can raise a misdemeanor to a felony. That makes it even more important to have legal representation early.
Can I Seal Or Expunge My Theft Charge Later?
Sometimes. If your case is dismissed or you complete a diversion program, you may qualify to seal or erase your record. Timing and eligibility vary; ask your attorney.
Will I Have To Go To Jail?
It depends on the charge, your history, and the case details. Jail isn’t automatic in most misdemeanor theft cases, especially for first-time offenses, but don’t assume anything without legal guidance.
If I Return The Item, The Charges Go Away, Right?
Not always. Returning stolen property may help reduce the consequences, but it doesn’t erase the crime. The court still looks at your intent at the time of the theft.
If It Was Just A Mistake, Does That Mean They’ll Drop The Charges?
Misunderstandings happen, but police and prosecutors may still move forward. That’s why having a defense lawyer speak on your behalf is so important.
Don’t Let A Theft Charge Define You
At Arlington Criminal Attorneys, we know how stressful it is to face a theft charge, especially if it’s your first run-in with the law. One mistake shouldn’t derail your future.
We’ll listen to your story, explain what to expect, and work to get the best outcome possible, whether that means reduced charges, dismissal, or alternatives that keep your record clean.
If you’ve been charged with theft in Arlington, you deserve a defense that works as hard as you do. Schedule a confidential case evaluation with Arlington Criminal Attorneys today. We’re here to help you move forward with clarity and confidence.