Theft Lawyer Based in Irving

Personalized & Committed Defense Representation in the Greater Dallas-Fort Worth Area

The criminal penalties for theft crimes vary based on the value of the property or money that was allegedly stolen. Fortunately, many misdemeanor offenses qualify for pretrial diversion programs that can result in dismissal. Kelley Legal can take a closer look at your case and help you explore your legal options. Attorney Erin intentionally takes on a smaller caseload so she can devote a personalized approach to your case. Whether you have a misdemeanor or felony theft charge on your hands, Kelley Legal is prepared to craft your defense and guide you through possible pretrial diversion programs.

Schedule a free consultation with Kelley Legal to learn more about your options following a theft charge.

Misdemeanor Theft

Theft in Texas includes a range of unlawful conduct, such as embezzlement, extortion, swindling, and receiving stolen property. Theft offenses are classified into different misdemeanor and felony categories depending on the value of the property allegedly stolen. 

Theft is a Class C misdemeanor punishable by a $500 fine if the value of the stolen property or services is less than $100. 

Theft is charged as a Class B misdemeanor punishable by up to 180 days in jail and $2,000 in fines if:

• the value of the stolen property or services is $100-$750;
• the value of the stolen property is less than $100, and the defendant has a prior conviction; or
• the stolen property is an identification card (e.g., driver’s license).

A theft offense escalates to the Class A misdemeanor level punishable by one year in jail and/or up to $4,000 in fines if the value of the stolen property or services is $750-$2,500. 

Felony Theft and Enhancements

A crime of theft is a state jail felony punishable by 180 days to two years in prison and $10,000 in fines if:

• the stolen property or services is worth $2,500-$30,000;
• the value of the stolen property is less than $2,500, and the defendant has a prior conviction;
• the property was stolen from another person, a human corpse, or grave; or
• the stolen property is a firearm, an election ballot, or certain livestock or metals.

Third-degree felony theft, punishable by two to 10 years in prison and/or $10,000 in fines occurs when:

• the value of the stolen property or services is $30,000-$150,000;
• the stolen property is certain types of livestock valued at less than $150,000; or
• the property is a controlled substance worth less than $150,000 and was stolen from a commercial building where controlled substances are stored.

Second-degree felony theft, which carries penalties of two to 20 years in prison and $10,000 in fines, is when:

• the value of the stolen property or services is $150,000-$300,000; or
• the stolen property is an ATM or its contents.

Lastly, theft of stolen property or services worth $300,000 or more is a first-degree felony punishable by five to 99 years in prison and/or $10,000 in fines. 

Certain factors could result in enhanced penalties. More specifically, the following circumstances will enhance a theft penalty to the next level (e.g., third-degree felony to the second-degree felony level):

• The stolen property was under the control of a public servant
• The stolen property was under the control of someone in a contractual relationship with the government
• The owner of the property was an elderly person 65 years or older or a nonprofit organization
• The stolen property was under the control of a Medicare provider
• The offender caused the fire alarm to go off or prevented it from going off while committing the theft