Odessa Theft Crime Lawyers

What Is the Legal Definition of Theft in Texas?

Under Texas Penal Code § 31.03, theft consists of the unlawful appropriation of property with the intent to deprive the owner of that property. This definition covers a range of criminal activities, from shoplifting small items to embezzlement of thousands of dollars. 

Types of Texas Theft Crimes

Theft crimes are generally based on the value of the stolen goods, funds, or property. Factors that can “aggravate” a theft crime, resulting in more severe charges and penalties, include 1. the use or threat of force, such as with a weapon, 2. repeat offenses, and 3. crimes against vulnerable individuals, such as the disabled or senior citizens. 

Examples of theft crimes in Texas include:

• Theft of property: Depending on the value of the property stolen, this crime can range from a Class C misdemeanor (property valued under $100 with a penalty of a fine up to $500) to a first-degree felony (property valued over $300,000 with penalties of 5 to 99 years imprisonment).
• Burglary: This involves entering a building or habitation without consent with the intent to commit theft or any felony. It is charged as a Class A misdemeanor for entering a building with intent to commit theft and can escalate to a second-degree felony if entering a habitation.
• Robbery: This form of theft involves threats of physical violence. It is usually classified as a second-degree felony, leading to 2 to 20 years in prison and fines of up to $10,000.
• Aggravated robbery: This is robbery while causing serious bodily injury or using/being armed with a deadly weapon. It is classified as a first-degree felony, carrying 5 to 99 years in prison and fines of up to $10,000.
• Shoplifting: This is stealing goods from a retail store. Although it is often regarded as simple theft, it can have enhanced penalties if the value is significant. It is charged as a Class C misdemeanor for items valued under $100 (with a fine of up to $500) and can escalate with higher-value items.
• Fraudulent use of identifying information:  Illegally using someone else's identifying information for financial gain is classified from a state jail felony (in cases leading to benefits up to $2,500) to a first-degree felony if the amount exceeds $200,000.

Embezzlement in Texas

Embezzlement is a specific type of theft involving the misappropriation or theft of funds or property entrusted to an individual's care, typically in a professional context. This can include store cashiers, CFOs, accountants, or bookkeepers. The legal consequences for embezzlement in Texas can vary widely depending on the amount of money or property involved and the circumstances of the offense. 

If the value of the embezzled property is less than $2,500, the offense may be classified as a Class A misdemeanor, which carries penalties of up to one year in jail and/or fines up to $4,000. Conversely, if the amount embezzled is $2,500 or more, the crime may be escalated to felony status. 

For instance, embezzlement of funds valued at $30,000 or more can lead to a second-degree felony charge, resulting in 2 to 20 years in prison and potential fines of up to $10,000. As with other theft-related crimes, the possible penalties increase significantly with the value of the embezzled property, emphasizing the serious legal ramifications of such actions in Texas.