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Practice Area · Theft & Property

Texas Theft and Property Crime Defense

L and L Law Group defends Texas theft, burglary, robbery, fraud, identity theft, and credit-card abuse cases.

Penalty Reference What Are the Texas Theft Thresholds and Penalties? Tap to view Hide

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
<

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

00
Class C MisdemeanorNo jail$500

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

00 – $750
Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

0,000
$30,000 –

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

50,000
Third-Degree Felony2 – 10 years

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

0,000

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

50,000 – $300,000
Second-Degree Felony2 – 20 years

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

0,000
$300,000+First-Degree Felony5 – 99 years / life

What Are the Texas Theft Thresholds and Penalties?

Texas theft is graded by property value under TX Penal Code §31.03(e). Prior theft convictions can enhance misdemeanors to felonies under §31.03(e)(4)(D).

Texas Theft Penalty Matrix
Property Value Classification Confinement Max Fine
< $100Class C MisdemeanorNo jail$500
$100 – $750Class B MisdemeanorUp to 180 days$2,000
$750 – $2,500Class A MisdemeanorUp to 1 year$4,000
$2,500 – $30,000State Jail Felony180 days – 2 years$10,000
$30,000 – $150,000Third-Degree Felony2 – 10 years$10,000
$150,000 – $300,000Second-Degree Felony2 – 20 years$10,000
$300,000+First-Degree Felony5 – 99 years / life$10,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

0,000

Source: TX Penal Code §31.03(e). Prior theft convictions enhance misdemeanor theft to a state-jail felony under §31.03(e)(4)(D).

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L and L Law Group defends Texas theft, burglary, robbery, fraud, identity theft, and credit-card abuse cases. Value challenges, suppression, pretrial diversion. Free 24/7. (214) 466-1398.

L and L Law Group is a Frisco-based criminal defense firm. Reggie London prosecuted in the Dallas County District Attorney's Office before joining the defense bar; Njeri London is the firm's managing attorney. Together they have defended thousands of cases across Dallas, Collin, Denton, Tarrant, and the surrounding DFW counties. We answer the phone at any hour because that is when most cases need defense work.

Your Attorneys

Texas Criminal Defense Counsel

Njeri London, Co-Founding Partner

Njeri London

Co-Founding Partner
  • Texas Bar No.: 24043266
  • Licensed since: 2006
  • Law school: Thurgood Marshall School of Law
  • Memberships: State Bar of Texas, TCDLA
“Texas theft is graded by value, and value is contestable. Loss-prevention reports, retail-pricing-versus-cost disputes, returned merchandise — every one of those changes the charge level. The cases we win are the ones where we work the value before we work the merits.”
Reggie London, Attorney

Reggie London

Co-Founding Partner
  • Texas Bar No.: 24043514
  • Licensed since: 2005
  • Law school: Thurgood Marshall School of Law
  • Former: Dallas County District Attorney’s Office
  • Memberships: State Bar of Texas, TCDLA
“When I prosecuted theft, the easy cases had a signed loss-prevention statement. The hard ones had a defense lawyer who suppressed the statement at the first hearing. That asymmetry has not changed.”

This page was written and reviewed by Njeri London, State Bar of Texas No. 24043266, and Reggie London, State Bar of Texas No. 24043514. Last reviewed: April 2026.

Quick Answer

Texas theft under Penal Code §31.03 is graded by value, from Class C ($100) to first-degree felony ($300,000+). Prior theft convictions enhance grades. Burglary, robbery, fraud, and identity theft each have separate statutory frameworks under Penal Code Chapters 29-32.

Texas Property Crimes We Defend

Value Challenges Drive Many Theft Defenses

Texas theft is graded entirely by value, and the State frequently uses retail price rather than actual loss. The difference can move a charge from Class A misdemeanor to state-jail felony, or from felony state-jail to third-degree. Value can be challenged through cost basis, returned merchandise, partial-recovery deductions, and depreciation. The valuation work happens at the first court setting and changes the negotiation posture immediately.

For credit-card and identity-theft cases under §32.31 and §32.51, the count structure (one count per use, one count per identifying item) often inflates exposure. We move to consolidate counts and challenge the actual-loss-versus-attempted-loss calculation.

Video: Texas Civics — A Student's Guide to the Texas Judicial Branch — State Bar of Texas. Visit the official channel →

Pretrial Diversion in Theft and Property Cases

Many DFW counties operate pretrial-diversion programs for first-time theft offenders. Collin County has among the most accessible diversion programs in Texas; Dallas County's programs are more limited but available for qualifying cases. Diversion typically requires payment of restitution, completion of a class, and program duration of 6 to 12 months. Successful completion ends in dismissal.

For repeat offenders or felony-level cases where diversion is unavailable, we negotiate deferred adjudication paired with eligibility for nondisclosure under Government Code §411.0735. SB 731 (2023) expanded eligibility for many theft cases that were previously not sealable.

Loss-Prevention, Civil-Demand, and Restitution Strategy

Many Texas shoplifting and retail-theft cases begin with loss-prevention employees who detain, question, and obtain written statements before police arrive. These statements are routinely coerced and often suppressible. We pull the LP report, surveillance footage, and any signed statement on day one.

Texas Civil Practice & Remedies Code §134.005 allows retailers to demand civil penalties (typically $200 plus the value of goods) from accused shoplifters. The civil demand letter is separate from the criminal case but a poorly handled civil response can become a criminal admission. We coordinate the civil and criminal tracks so neither undermines the other.

How We Defend Theft and Property Crime Defense Cases

Our Five-Step Defense Process

  1. 01

    Free Consultation + Value Audit

    Texas theft is graded by value. Value can be contested. On the first call we identify whether the State is using retail price, actual cost, or replacement value, and where the valuation can be challenged.

  2. 02

    Loss-Prevention Statement Suppression

    Loss-prevention employees often obtain coerced statements. Many can be suppressed. We pull the LP report, the surveillance footage, and the chain of custody on any recovered property.

  3. 03

    Civil-Demand and Restitution Defense

    Texas Civil Practice & Remedies Code §134.005 civil demands from retailers are separate from the criminal case. We coordinate so civil settlement does not become a criminal admission.

  4. 04

    Diversion, Reduction, or Dismissal

    Pretrial diversion in DFW counties, valuation-based reduction, deferred adjudication, or dismissal through suppression. Each requires early defense work.

  5. 05

    Trial-Ready + Record Sealing

    Where trial is appropriate, full preparation including LP cross-examination, video authentication, and intent-element challenges. After resolution, expunction or nondisclosure where eligible.

Client Outcomes

Recent Client Reviews & Case Results

Recent Client Reviews

★ ★ ★ ★ ★

“Embezzlement allegation at my CPA firm. State wanted a felony enhancement and full restitution. They negotiated payment of actual loss only, no felony, and I kept my license.”

— D.M., Frisco — Google review
★ ★ ★ ★ ★

“Shoplifting at a major retailer. Loss-prevention pressured me into signing a written statement. Njeri got the statement suppressed because they never read me my rights properly. The case fell apart.”

— I.S., Mesquite — Google review
★ ★ ★ ★ ★

“Identity-theft case based on someone else using my information. They proved up the timeline with bank records and the State dropped charges within sixty days.”

— F.A., Carrollton — Google review

Representative Case Results

  • Felony theft restitution-only resolution — No conviction; full restitution paid; case dismissed under pretrial diversion. Collin County, 2024.
  • Burglary of vehicle dismissed — Surveillance video proved alibi; case dismissed within 60 days. Dallas County, 2024.
  • Credit-card abuse reduced to Class B — State-jail felony reduced to misdemeanor through value challenge. Tarrant County, 2023.
  • Identity theft no-billed by grand jury — Pre-indictment defense package convinced State not to pursue. Dallas County, 2024.
  • Organized retail theft reduced to single count — Multi-count §31.16 indictment reduced to single misdemeanor count. Collin County, 2023.

Past results do not guarantee similar outcomes. Each case is unique and depends on its own facts and applicable law.

Frequently Asked Questions

Theft and Property Crime Defense — FAQ

Under Texas Penal Code §31.03, theft is graded by value: Class C ($100), Class B ($100–$750), Class A ($750–$2,500), state-jail felony ($2,500–$30,000), third-degree ($30,000–$150,000), second-degree ($150,000–$300,000), first-degree ($300,000+). Prior theft convictions enhance grades.

Theft (Penal Code §31.03) is the unlawful taking of property. Burglary (Penal Code §30.02) is unlawful entry into a building with intent to commit theft, assault, or felony — the entry is the offense, not the theft. Burglary of habitation is a second-degree felony; burglary of a building is state-jail.

Depends on value and prior history. Under $100 is Class C; $100–$750 is Class B; $750–$2,500 is Class A. Two prior theft convictions enhance to state-jail felony regardless of value. Organized retail theft under §31.16 is its own felony track.

Texas Penal Code §32.31 makes unauthorized use of a credit/debit card a state-jail felony per use, with elderly-victim enhancements to third-degree. The card does not have to be physically taken; using a number, even online, qualifies. This statute is heavily used by Dallas County prosecutors.

Penal Code §32.51 grades identity theft by the number of identifying items obtained or transferred: under 5 items is state-jail; 5–10 is third-degree; 10–50 is second-degree; over 50 is first-degree. Federal identity theft under 18 U.S.C. §1028A adds a 2-year mandatory consecutive sentence.

Often, yes. Common paths include valuation challenges (retail price versus actual loss), pretrial-diversion programs in many DFW counties, deferred adjudication, and negotiated reduction to lesser charges. Each requires early defense work.

Yes — theft is a "crime of moral turpitude" that disqualifies from many positions in finance, healthcare, education, government, and security. Background checks routinely flag theft convictions. Avoiding the conviction or sealing it after dismissal is the central defense goal.

Texas Civil Practice & Remedies Code §134.005 allows retailers to demand civil penalties (typically $200 plus the value of goods) from accused shoplifters. The civil demand letter is separate from the criminal case. Do NOT pay or sign anything without counsel review — settlements can be used against you in the criminal case.

Misdemeanor theft cases typically resolve in 4 to 9 months; state-jail felonies in 6 to 12 months; higher felonies in 9 to 18 months. Pretrial diversion adds program time but ends in dismissal.

Fees scale with charge level. We offer free consultations and flat-fee pricing with payment plans. Call (214) 466-1398 for a confidential quote based on your specific charge.

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Theft and Property Crime Defense — Intake Form & Cheatsheet

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Step-by-step "what to do now" reference. ~4 pages.
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This website is for general information purposes only and constitutes attorney advertising under the Texas Disciplinary Rules of Professional Conduct. Nothing on this site should be taken as legal advice. This information does not create an attorney-client relationship.

Past results do not guarantee similar outcomes. Each case is unique and must be evaluated on its own facts and circumstances.

L and L Law Group, PLLC attorneys are licensed in Texas. Njeri London (Texas Bar No. 24043266) is the attorney responsible for the content of this page. Reggie London (Texas Bar No. 24043514). None of the attorneys at L and L Law Group, PLLC are Board Certified by the Texas Board of Legal Specialization unless specifically and separately stated.

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