Criminal charges for theft in Texas depend on the amount or value alleged to have been stolen. Regardless of how small a theft charge may be, however, the stigma attached with a theft charge is extremely damaging.
Below $50; Class C misdemeanor (Fine not to exceed $500).
Between $50 and $500; Class B misdemeanor (up to 180 days county jail and/or $2,000 fine). Theft by check is a Class B misdemeanor where the check was above $20 even though the amount would normally qualify for a Class C.
$500 to $1,500; Class A misdemeanor (up to 1 year county jail and/or $4,000 fine).
$1,500 to $20,000; State Jail Felony (between 180 days and 2 years State jail and fine up to $10,000).
$20,000 to $100,000; Third Degree Felony (between 2 and 10 years TDC and fine not to exceed $10,000).
$100,000 to $200,000; Second Degree felony (between 2 and 20 years TDC and fine not to exceed $10,000).
$200,000 and above; First Degree felony (between 5 and 99 years TDC and fine up to $10,000).
Theft crimes are also subject to enhancements. For example, two final theft convictions in any amount can make a third theft conviction in any amount a State Jail Felony. This means a petty theft of a pack of chewing gum could conceivably be a felony with two prior theft convictions in the past.
Regardless of the amount – there is no such thing as a small theft charge.
Jeremy F. Rosenthal, Esq.