If you are facing potential theft charges, you may be wondering when theft becomes a felony. Texas has laws regarding how theft charges are categorized, which will have a significant impact on the repercussions you could possibly face.
If your theft charges could result in felony punishment, you need to hire a criminal defense attorney to represent you. At The Law Offices of Keith G. Allen, PLLC, we are committed to providing our clients with the best legal representation that protects your rights and gets you the best possible result.
What is Considered Felony Theft in Texas?
If you are facing theft charges, the good news is that in many situations, these charges will simply be classified as misdemeanors. However, there are certain circumstances where your charges could turn into a felony, which not only comes with fines but can also include jail time. There are also long-term repercussions of receiving a felony in Texas, such as having the charges show up on your criminal record.
If there is a chance that you could receive felony charges for theft, you need to hire a criminal defense attorney to act as your representative. An attorney will have experience with Texas criminal law and can help you create a defense strategy that counteracts the evidence against you.
A criminal defense attorney will also act as moral support throughout this process so that your rights are upheld and you understand how to proceed with your case.
State Jail Felony Theft
Are you wondering when theft becomes a felony in Texas? For less severe theft charges that are more than a misdemeanor, they will most likely become state jail felony theft. This is the lowest degree of felony and can result in up to two years in state jail.
Here are some instances where theft could become a state jail felony:
- The stolen property has a value of $2500 or more but does not go above $30,000.
- The theft was a firearm.
- The theft was an official ballot.
- The theft was a metal valued at less than $20,000.
- The property was taken from a person or a grave.
Third-Degree Felony Theft
The next level of felony theft charges includes third-degree felony theft. This can result in up to 10 years in prison with a fine of up to $10,000. Petty theft can become a felony of the third degree if:
- The property is worth $30,000 or more but isn’t greater than $150,000.
- The theft included ten or more livestock valued below $150,000.
- The theft was of controlled substances taken from a commercial building or vehicle that was owned or operated by an authorized distributor or manufacturer.
Second-Degree Felony Theft
For more serious situations involving theft, you could end up facing second-degree felony theft charges, which could come with up to 20 years in prison and up to $10,000 in fines.
For a theft charge to become a second-degree felony, it has to fall into one of two categories:
- The stolen property was valued at $150,000 or more but valued below $300,000.
- The stolen property was an ATM, the contents of an ATM, or an ATM’s components.
First-Degree Felony Theft
The most severe theft charge you could receive in Texas is a first-degree felony, as it only includes the worst theft crimes and comes with the most severe repercussions. For first-degree felony theft charges, the punishment could include up to 99 years in prison with a fine of up to $10,000.
The only situation where a first-degree felony would apply to theft is if the stolen property was valued at $300,000 or more.
How Much Theft is a Felony in Texas: Understanding Aggravating Factors
Stealing can become a felony in many situations, primarily related to the value of the stolen property. However, there are other aggravating factors you should be aware of that can contribute to the type of charge you receive for theft in Texas. Here are some common examples of aggravating factors that will be taken into consideration regarding your case:
- Repeat offenses: The most common aggravating factor is repeat offenses, as this shows that the defendant has a higher likelihood of continuing to commit theft, even after being punished.
- Vulnerability of the victim: Who the person is and how vulnerable they are will also be taken into account, such as stealing from the elderly or someone who is disabled.
- Hate crimes: Although hate crimes as an aggravating factor are not extremely common, it is something that the court will take into consideration if things like race, religion, politics, or sexual identity motivated the theft.
- The use of a weapon: Whether or not the defendant used a weapon when they were committing theft can have a considerable impact on the charges, as this will often result in a felony.
If there are any aggravating factors that could impact your theft case, it is especially important that you hire legal representation.
Theft Mitigating Factors
Aside from aggravating factors relating to theft charges in Texas, there are also mitigating factors that can help your case. Mitigating factors are the opposite of aggravating factors and can help you get a lighter sentence. When theft is classified as a felony, your criminal defense attorney can help you identify any mitigating factors that could support your defense.
Examples of common mitigating factors the court will take into consideration regarding theft cases include:
- If your role in the crime was minor.
- Lack of criminal record.
- A lack of harm.
- You show genuine remorse.
- You were forced or pressured into committing the crime.
For the Best Criminal Defense in Texas, Contact The Law Offices of Keith G. Allen, PLLC
Theft charges are taken very seriously in Texas and can easily escalate into felony charges depending on what was stolen and the circumstances around the crime. For the best chance of avoiding felony charges, you need to understand what theft crimes could fall into this category.At The Law Offices of Keith G. Allen, PLLC, we have experience handling thousands of criminal defense cases in Texas. For compassionate and thorough legal representation, contact us today at 832-230-0075 for a free consultation.