There are different forms and levels of theft, depending on what was stolen, how it was taken and the severity of the act. If you are facing a theft charge in Texas, it pays to know where your charge falls under so you can determine the best way to develop your defense.
What are the different levels of theft?
Generally, there are two levels of theft: misdemeanor and felony theft.
A misdemeanor theft is when you take something that does not belong to you without permission. However, the value of that item is not high, and the punishment for a misdemeanor may include fines and community service.
Felony theft involves taking something valued above a certain amount. Under the Texas Penal Code, the different types of felonies and their accompanying punishments are as follows:
- State jail felony: Theft worth $1,500 to $20,000. Prison time typically lasts for 180 days to two years.
- Third-degree felony theft: Theft worth $20,000 to $100,000. This can warrant two to ten years in prison.
- Second-degree felony theft: Theft worth $100,000 to $200,000 with a prison time of two to twenty years.
- First-degree felony theft: Theft of anything worth more than $200,000. The accused can face up to life in prison.
Aside from criminal punishments, you may also face civil charges for felony theft, such as paying damages to victims.
What are the different forms of theft?
The form of theft also plays a significant role in a criminal charge. This pertains to what someone stole and/or how they stole it. Here are the four different forms:
- Theft by taking: Physically removing someone else’s property to deprive them of it permanently.
- Theft by deception: Taking someone else’s property through deceit, fraud or misrepresentation.
- Theft of services: Obtaining someone’s services without intending to pay them.
- Receiving stolen property: Buying or receiving stolen property even if you know it was stolen.
The punishments for these types of theft will heavily depend on the value of the property. If multiple thefts occur as part of one scheme or plan, the values of stolen items may aggregate and spiral into a felony.
A theft charge can have a huge impact on your life. If someone accuses you of this crime, having experienced legal representation can help you defend your rights in the best way possible.
