If you’ve been charged with theft in San Antonio, your first question is probably related to the sorts of penalties you can expect to face. The charges and punishment for theft offenses can vary widely depending on the specifics of the offense. However, there are some general guidelines you can use to get a better idea of what’s to come.
If you’re facing theft charges in San Antonio, keep reading to learn about the charges and penalties for theft in Texas.
Key Takeaways
- Under Texas law, theft is defined as taking another person’s property with the intent of depriving them of that property, with common types including shoplifting, auto theft, and identity theft.
- Your charges may range from a Class C misdemeanor to a first-degree felony, depending on the value of the goods stolen and any aggravating factors.
- Penalties can range from $500 in fines to life imprisonment.
- With help from a lawyer, you may be able to fight charges by arguing that a law enforcement agency violated your rights, you were wrongfully accused, or there isn’t enough evidence of the crime.
How Does Texas Define Theft?
Before we can discuss the penalties for theft, we need to establish what Texas counts as a theft offense. Under the Texas Penal Code Chapter 31, theft is defined as the unlawful taking of property from someone else with the intention of depriving that person of their personal property. While this can include removing property from someone’s possession, it can also include concealing property from the property owner or receiving stolen property without the consent of the property owner.
As you can see, theft crimes might include more types of actions than you might expect. To learn why you’ve been charged with theft in your case, you should consider consulting with a defense lawyer.
Types of Theft in Texas
Another important thing to note from the early section of the law is the types of offenses that are considered theft in Texas. The penal code clarifies that each of these offenses is charged as theft:
- Shoplifting and organized retail theft
- Swindling
- Bad checks
- Embezzlement and employee theft
- Extortion
- Failure to pay for services
- Receiving or concealing stolen property
- Receiving or concealing embezzled property
In addition to these offenses, theft charges also cover theft of special property, such as theft of metals, auto theft, and identity theft. In particular, identity theft may include theft of driver’s licenses, commercial driver’s licenses, and official numbers capable of identifying an individual, meaning driver’s license numbers, military identification numbers, and more.
Another common theft offense you may have encountered is grand theft, but that term refers to the value of the property stolen and the severity of the charges brought, not the type of property stolen.
What Are the Charges for Theft?
The charges you’ll face for theft will depend in large part on the value of the stolen property in your case. Other determining factors include who you stole from and what type of property you stole. For example, theft from a person and theft accompanied by the use of a deadly weapon will typically lead to higher penalties. The charges you’re likely to face for a theft crime are as follows:
Misdemeanor Theft
Misdemeanor theft charges, also known as petty theft, are easier to explain and understand than felony theft charges. Without elevating factors, misdemeanors for theft are typically charged as follows:
- Class C Misdemeanor – If the value of the stolen property is less than $100
- Class B Misdemeanor – For cases involving theft of property worth between $100 and $750, theft of personal identification certificates issued by the state (including driver’s licenses), or offenders previously convicted of theft
- Class A Misdemeanor – If the value of the stolen property is between $750 and $2,500
When a person commits theft, even petty theft, the penalties can be life-changing, with a permanent criminal record impacting employment and your reputation. No matter how minor your theft-related offense may be, it’s important to get help from an experienced attorney to avoid paying hefty fines and a reputational price.
State Jail Felony Theft
Assuming there are no aggravating factors in your case, you may be charged with a state jail felony for theft if:
- The value of the property is between $2,500 and $30,000
- The property is stolen from a person or from a human corpse or grave
- The property stolen is a firearm
- The value of the property is less than $2,500, but the offender has two or more prior theft convictions
- The stolen property is an official ballot
- The value of the stolen property is less than $20,000, and the property is made up of aluminum, bronze, copper, or brass
- The stolen property is a catalytic converter, and replacement costs less than $30,000
- The property is worth less than $30,000 and was obtained by a disaster volunteer, and the actor obtained the property thanks to their position as a disaster volunteer
Third-Degree Felony
Without elevating factors, you may be charged with a third-degree felony for theft if:
- The personal property stolen is worth between $30,000 and $150,000
- Theft of certain animals worth less than $150,000
- Theft of controlled substances worth less than $150,000 when stolen from a pharmacy, clinic, hospital, nursing facility, warehouse, or prescription delivery vehicle.
Second-Degree Felony
Without elevating factors in your case, you may be charged with a second-degree felony if:
- The value of the stolen property is between $150,000 and $300,000
- The value of the property is less than $300,000, and the stolen property is an ATM or the contents of an ATM
First-Degree Felony
For theft, you may be charged with a first-degree felony if the value of the property stolen is more than $300,000.
What Are the Penalties for Theft Charges
The penalties you’ll face for a theft offense will depend on the types of charges brought against you, from misdemeanor theft to felony theft charges. Some of the penalties you may face include:
- Class C Misdemeanor Theft – Fines of up to $500, no jail time, only a fine
- Class B Misdemeanor Theft – Fines of up to $2,000 and up to six months in jail
- Class A Misdemeanor Theft – Fines of up to $4,000 and up to one year in jail
- State Jail Felony Theft – Fines of up to $10,000 and up to two years in jail
- Third-Degree Felony Theft – Fines of up to $10,000 and between two and ten years in jail
- Second-Degree Felony Theft – Fines of up to $10,000 and between two and twenty years in jail
- First-Degree Felony Theft – Fines of up to $10,000 and between five years and life in prison
In addition to prison time and fines, there are additional consequences when a person commits and is convicted of theft. You may face employment difficulties and denied job applications, rejected rental applications, denial of certain professional licenses, and deportation for non-citizens. You may also be ordered to pay restitution for the stolen property and additional damages.
What to Do If You’re Charged with Theft in San Antonio
Being charged with theft is incredibly serious, and it’s important that you take the right steps to defend your freedom and improve your circumstances. If you commit theft and are charged under Texas law, follow the steps below to attempt to reduce your penalties:
- Get a Lawyer – The first step is to get a lawyer to help you find the right path forward and protect your rights.
- Get Familiar with Your Rights – You have rights to a fair trial and a lawyer, as well as the right to remain silent. Stay informed.
- Only Talk to Cops with Your Attorney – You should only speak to police when you have an attorney present to advise you.
- Get Prepared – Gather evidence and prepare to defend your version of the case.
- Get Support – Seek support from friends and family during this difficult time.
How to Get Theft Charges Dropped or Reduced in Texas
If you’ve been charged with theft in Texas, there are legal strategies that may help reduce or even dismiss your case. Below are some strategies your criminal defense lawyer can use to get your theft charges dropped:
- The Theft Was Committed by Someone Else — If you were wrongly identified as the person who committed the theft, your lawyer can argue that there has been a case of mistaken identity. This can happen when the real offender looks like you, when surveillance footage is unclear, or when eyewitnesses give incorrect statements.
- There Is a Lack of Sufficient Evidence – Under Texas law, the prosecution must prove beyond a reasonable doubt that you committed the theft offense. If there’s not enough evidence, such as if there’s no clear video, no fingerprints, or unreliable witnesses, your lawyer can argue that the case should be dropped.
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- The Stolen Was Overvalued – If your attorney can argue that the value of the stolen goods involved in your case was lower than claimed by the prosecution, then your charges may be reduced.
- Your Rights Were Violated – Every person accused of a crime has rights. If law enforcement agents violated your rights, such as searching your property without a warrant, failing to read your Miranda rights, or delaying your trial without reason, your theft charge might be dropped. Your criminal defense attorney can raise these issues in court and fight to protect your constitutional rights.
- You Returned the Stolen Property – In some cases, returning the stolen item to the property owner, especially if it was taken by mistake, can help your lawyer negotiate a reduction or dismissal of your theft charge. For example, if you took the property believing it belonged to you, believed that you had the owner’s permission, or if you quickly returned it and offered to pay for any damages, this may show good faith. A lack of intent to steal can reduce your charges.
Get Strong Theft Defense in San Antonio
From petty theft to organized retail theft, no matter what sort of theft offense you’re facing, you should consider seeking help from a capable defense attorney to ensure you’re putting your best foot forward. The choices you make now could impact your freedom and reputation for years to come: make sure you have informed opinions on your side.
If you’ve been charged with theft in San Antonio, you can count on The Law Office of John G. Perez Jr. to fight on your behalf. John will work tirelessly to reduce or eliminate the penalties against you, and we won’t rest until all avenues have been exhausted. Let John do the worrying for you.