The question, “Is theft a felony?” depends on the value of the property, the type of item stolen, and state laws. Low-value theft is usually a misdemeanor, while higher-value or repeat offenses can be a felony. Knowing these distinctions is key to understanding potential consequences.
Facing a theft charge requires experienced legal guidance. Our Houston theft lawyer can assess your case, determine the severity of the charge, and build a strong defense. Expert representation can protect your rights and improve your outcome.
How Much Theft Is a Felony in Texas?
Texas provides a clear example of when theft becomes a felony. According to the Texas Penal Code Chapter 31, theft becomes a felony when the stolen property is valued at $2,500 or more. Property below that threshold can be charged as a misdemeanor, though penalties still vary depending on the value and circumstances. Felony theft in Texas is further divided into levels based on the property’s value:
- First-degree felony: $300,000 or more, punishable by 5 years to life in prison and fines up to $10,000.
- Second-degree felony: $150,000 to under $300,000, punishable by 2 to 20 years in prison and fines up to $10,000.
- Third-degree felony: $30,000 to under $150,000, including theft of controlled substances, punishable by 2 to 10 years in prison and fines up to $10,000.
- State jail felony: $2,500 to under $30,000 (or theft of vehicles, firearms, livestock, or official ballots), punishable by 180 days to 2 years in state jail and fines up to $10,000.
These classifications show how the severity of theft charges increases with the value of stolen property, as well as other aggravating circumstances.
Felony Theft Penalties You Should Know
Felony theft carries serious legal and personal consequences beyond fines or jail time. Convictions can include:
- Prison or state jail sentences ranging from several months to life imprisonment
- Fines up to $10,000
- Restitution to repay the stolen property
- Loss of rights, including the right to vote or own firearms
- Long-term impact on employment, housing, and personal reputation
Even after completing a sentence, a felony record can have lasting effects on everyday life, making it crucial to take any theft charge seriously.
Factors That Make Theft a Felony
The value of stolen property is the main factor, but other circumstances can elevate a theft to felony status. These include:
- Theft of firearms or vehicles
- Theft from elderly or disabled individuals
- Theft from nonprofit or disaster-relief organizations
- Theft involving controlled substances, especially from hospitals or pharmacies
- Repeat theft convictions
These aggravating factors are taken seriously by courts and can result in higher-level felony charges, even if the stolen property is worth less than the standard threshold.
Defending Against Felony Theft Charges
Facing a felony theft charge can be overwhelming, but hiring an experienced Houston theft lawyer is crucial. Effective defenses may include:
- Proving there was no intent to permanently deprive the owner of property
- Challenging the value of the stolen property claimed by the prosecutor
- Demonstrating that the defendant had the owner’s consent to take or use the property
- Showing it was a case of mistaken identity
A skilled attorney can help reduce charges or even achieve an acquittal, particularly in complex cases with aggravating factors.
Understanding Theft Charges in Your State
While Texas provides a clear framework, it’s important to remember that theft laws vary by state. Other states may have different thresholds for felony theft, different classifications, and different penalties. For example, some states treat theft over $1,000 as a felony, while others set the bar at $5,000 or higher. Knowing the laws in your state is essential to understanding your legal exposure and rights.
Consult a Houston Theft Lawyer Today
Whether theft is a felony depends on the value and type of property, prior criminal history, and state laws. In Texas, theft becomes a felony at $2,500 or more, with higher-value or repeat offenses carrying harsher penalties. Felony theft can result in jail time, fines, restitution, and long-term impacts on your personal and professional life.
If you or someone you know is facing theft charges, consulting with Juan L. Guerra, Jr. & Associates, PLLC is crucial. Understanding your rights and options can make a major difference in the outcome of the case.