Theft cases can be very complex depending on the evidence that is being used against a defendant to try to prove the crime itself.  Every theft charge comes with its own circumstances and strategies for defense.  It is important to understand the issues related to the appropriation of the alleged stolen items and the value of those items.  This page is intended to help those that have been charged with theft understand the basic laws associated with this charge.  After reading this page, if you would like to discuss a theft case with our experienced team of lawyers, feel free to contact our office at 214-321-4105.

Understanding the Vocabulary of Theft Charges In Texas

It is very important to understand the meaning of the words used in the theft statutes.  Each word has a specific meaning that must be applied to the facts of the case at hand.  Some of the most important words to understand are listed below.

DECEPTION:  Deception means creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true.  Deception can also mean failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true.  If a person is preventing another from acquiring information likely to affect his judgment in the transaction this can be seen as deception.  When a person is selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record, this can also be seen as deception.  Deception can also be when a person is promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.

DEPRIVE:  The word “deprive” in the context of a theft case means to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner.  Deprive can also mean to restore property only upon payment of reward or other compensation.  Deprive can also mean to dispose of property in a manner that makes recovery of the property by the owner unlikely.

EFFECTIVE CONSENT:  In order to possess the property of another, one must have the consent of that person.  If the person does not have the consent of that person, than it can be considered theft.  Consent is not effective if induced by deception or coercion.  Consent is also not effective if given by a person the actor knows is not legally authorized to act for the owner.  Effective consent is not valid if given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions.  Consent is not valid if given solely to detect the commission of an offense or given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

APPROPRIATE:  Appropriate in the context of a theft charge means to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another or to acquire or otherwise exercise control over property other than real property.

There are other terms associated with theft charges in Texas that have specific meaning, but these terms are by far the most important when it comes to understanding what the prosecution is trying to allege and prove when a person has been accused of stealing something.

The Legal Definition of Theft In Texas

The legal definition of theft is a simple 1 sentence command that “a person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.”  Now one can see that without a full understanding of each word in this simple 1 sentence command, the sentence itself seems overly simple.  But when you apply the definitions above to the sentence it becomes very complex.  Every word is important and has a specific meaning to the case it will be applied.  To make the issue of theft more nuanced, it must be without the owner’s effective consent and it must be shown that the property is stolen and the actor appropriates the property knowing it was stolen by another or property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

In order to establish the appropriation of property, evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor’s plea of not guilty.  If a person had an accomplice, then the standard of proof is actually lowered to allow law enforcement to use their testimony to establish theft.  The testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor’s knowledge or intent may be established by the uncorroborated testimony of the accomplice.

The Punishment Range Of Theft Charges In Texas

The punishment range for theft cases in Texas is directly tied to the value of the thing that was stolen.

CLASS C MISDEMEANOR:  For example, theft is a Class C misdemeanor if the value of the property stolen is less than $100.

CLASS B MISDEMEANOR:  Theft is a Class B misdemeanor if the value of the property stolen is $100 or more but less than $750.  It is also a Class B misdemeanor if the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft.  If the property stolen is a driver’s license, commercial driver’s license, or personal identification certificate issued by this state or another state it is also a Class B misdemeanor.

CLASS A MISDEMEANOR:  Theft is considered a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500

STATE JAIL FELONY:  Theft is considered a state jail felony if the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000.  Theft is also considered a state jail felony if regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker.  If a firearm is stolen, then it is also a state jail felony.  If the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft, then it is considered a state jail felony.  If the property stolen is an official ballot or official carrier envelope for an election, then it is also considered a state jail felony.  Finally, if the property stolen was a precious metal like aluminum, bronze, copper or brass, then it will also be considered a state jail felony.

THIRD DEGREE FELONY:  Theft is considered a a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is cattle, horses, or exotic livestock or exotic fowl, stolen during a single transaction and having an aggregate value of less than $150,000.  If the items stolen were considered a controlled substance, having a value of less than $150,000, and if stolen from a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse or vehicle used for that purpose, then it is also filed as a third degree felony.

SECOND DEGREE FELONY:  Theft is considered a second degree felony if the value of the property stolen is $150,000 or more but less than $300,000 or the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine.

FIRST DEGREE FELONY:  Theft is considered a first degree felony if the value of the property stolen is $300,000 or more.

Hire a Lawyer For A Theft Case In North Texas

As one can see, the laws, legal definitions, defenses and punishment ranges for theft cases are very complex in Texas.  It is important to have an experienced theft defense attorney on your side if you are charged with a theft crime.  If you would like to discuss your theft case with our experienced team of lawyers, feel free to contact our office today at 214-321-4105.