October 17, 2022
Today we are going to cover misdemeanor theft in Texas and what you need to know. The consequences can be severe if you are charged with misdemeanor theft in Texas. Misdemeanor theft is a criminal charge, and conviction will result in a criminal record.
Not only possible jail or prison time, but a theft conviction may result in paying fines, restitution, and other significant costs related to your legal defense and prosecution.
Suppose you are arrested for, or charged with misdemeanor theft in Texas. In that case, you need to understand what this means and how best to defend yourself against these criminal charges. Keep reading for more information about these charges, possible defenses, and what you should do if you are arrested for, or charged with misdemeanor theft in Texas.
What is Misdemeanor Theft in Texas?
In Texas, a person committing theft of an owner’s property valued at $2,500 or less is deemed a misdemeanor theft, according to Texas Penal Code Ch.31.
Crime Statistics: According to Texas UCR, Texas had 446,531 larceny-theft crimes take place in 2021.
What Are the Different Classes of Misdemeanor Theft in Texas?
There are 3 different types of classes of misdemeanor theft, Class A, B, and C.
Here is what you need to know:
Class C Misdemeanor Theft
A theft charge is considered a Class C misdemeanor when the value of the stolen property is less than $100 and has a maximum fine of $500.
Examples of Class C Misdemeanor Theft includes:
- Shoplifting
- Petty theft
Class B Misdemeanor Theft
A theft charge is considered a Class B misdemeanor when the value of the stolen property is $100 or more but less than $750 and has a maximum fine of $2,000. Possible jail time sentence is no more than 180 days.
Examples of Class B Misdemeanor Theft includes:
- Stolen television valued under $750
- Stolen money
Class A Misdemeanor Theft
A theft charge is considered a Class A misdemeanor when the value of the stolen property is $750 or more but less than $2,500 and has a maximum fine of $4,000. Possible jail time sentence is no more than 1 year.
Examples of Class A Misdemeanor Theft includes:
- Theft of a vehicle worth under $2,500
- Theft by check valued under $2,500
Misdemeanor Theft in Texas FAQs
How Long Does a Misdemeanor Theft Stay on Your Record in Texas?
Misdemeanor theft stays on your record for life. There are ways to remove and or seal certain offenses like theft on your record, one is expungement, the other is non-disclosure.
If you are seeking employment, a Texas employer’s background check usually only goes back 7 years regarding your criminal history. Talk to a Conroe theft attorney to help you with your specific situation.
What is the Statute of Limitations on Misdemeanor Theft in Texas?
The statute of limitations for misdemeanor theft is two years for Class A or Class B misdemeanor theft from the date of the commission of the offense according to Code of Criminal Procedure Ch 12.02.
Can Misdemeanor Theft in Texas Affect Credit Score?
No, the majority of crimes like misdemeanor theft do not affect your credit score. Your criminal record is separate from your financial credit history.
Can Misdemeanor Theft in Texas Be Enhanced to a Felony Charge?
Yes, an extra penalty, also known as “enhancement,” can be applied to your misdemeanor charge. For example, suppose you have committed a severe misdemeanor theft charge (robbed someone that is very vulnerable). In that case, the prosecutor may enhance your misdemeanor charge to a felony charge. The probability of this increases if you have a history of theft charges.
Can Misdemeanor Theft Increase Car Insurance Premiums?
No, your auto insurance would not increase from a misdemeanor theft charge. Only offenses such as a suspended license, DUI, or uninsured driving would impact criminal and driving records.
Can You Join the Military with Misdemeanor Theft Committed in Texas?
Yes, you can join the U.S. Military if you committed a misdemeanor theft in Texas depending on:
- The severity of the offense
- Your age when you committed the misdemeanor
- How many misdemeanors you have committed in the past
You may be required to fill out a waiver and see if you qualify for approval in order to enlist.
Can You Open Carry in Texas With a Misdemeanor Theft Charge?
You can open carry a firearm with a misdemeanor theft charge if you meet the following conditions according to Texas Penal Code 46.02 and 46.04:
- You are 21 years of age or older
- No prior felony convictions
- Have committed any misdemeanor other than a Class C misdemeanor
- Not intoxicated while carrying a firearm
Would You Like Help With Your Misdemeanor Theft Charge in Texas?
If you have been charged with theft in Texas, you may wonder what your options are. While it can be difficult to navigate the process on your own, a skilled criminal defense attorney can help you with the intricacies of the criminal justice system and fight for the best outcome possible.
Some of the significant benefits of hiring an experienced Texas theft attorney include the following:
- Experience dealing with these types of cases
- Knowledge of how to develop a strong defense
- Access to resources that can help you during trial
While it can be stressful to face a theft charge, there are things you can do to make your situation better. If you are ready, a criminal defense attorney can also help you understand your options.
Call 713-470-4097 and get in touch with The Napier Law Firm today!