Theft by Texas (Part Four)

padlock-1-960877-s.jpgThe punishment scheme for theft in Texas is relatively straight-forward by statute, which stair-steps from a Class C traffic level all the way up to a first degree felony. The statute says theft is:

“(1) a Class C misdemeanor if the value of the property stolen is less than:(A) $50; …(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; …
…(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500; (4) a state jail felony if: (A) the value of the property stolen is $1,500 or more but less than $20,000, … (C) the property stolen is a firearm, as defined by Section 46.01;(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft; (F) the value of the property stolen is less than $20,000 and the property stolen is:(i) aluminum;(ii) bronze; (iii) copper; or(iv) brass; (or if you steal from a grave);
(5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is: (6) a felony of the second degree if: (A) the value of the property stolen is $100,000 or more but less than $200,000; … (7) a felony of the first degree if the value of the property stolen is $200,000 or more. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor’s custody, possession, or control by virtue of his status as a public servant;… (3) the owner of the property appropriated was at the time of the offense: (A) an elderly individual; or (B) a nonprofit organization. Thus, a public servant or someone stealing from the elderly will have their punishment bumped to a next higher level, even from a Class A misdemeanor to a felony. Thank you for reading all the way to the end of my blog.

If you or someone you know is being investigated or prosecuted for a crime, call Board Certified Criminal Law Specialist Micah Belden at 903-744-4252.