Bryan/College Station Theft Crimes Attorney

Penalties for Theft in Texas

Under Texas law, a crime of theft is when a person unlawfully takes property with the intent to deprive the original owner of that property. Theft covers a range of offenses, including embezzlement, extortion, and swindling.  The penalties for theft are based on the value of the property allegedly stolen and, in some cases, the type of property allegedly stolen.

Texas Misdemeanor Theft

Misdemeanor theft involves the following:

• Class C misdemeanor – property stolen is less than $100; punishable by up to $500 in fines
• Class B misdemeanor – property is worth $100-$750 or a driver’s license or other ID; punishable by up to 180 days in prison or up to $2,000 in fines
• Class A misdemeanor – stolen property is worth $750-$2,500; punishable by up to 1 year in prison and up to $4,000 in fines

Texas Felony Theft

In other cases, such as property worth more than $2,500 or property stolen in specific circumstances (e.g., from an ATM, off a deceased individual, property stolen is a firearm), the theft offense will be charged as a felony, ranging from the State Jail Felony level to the first degree felony level.

Note that a theft offense may increase to the next penalty level (“enhanced penalties”) if the following are true:

• the stolen property was being overseen by a public servant or government contractor;
• the property owner was an elderly person aged 65 or older or a nonprofit organization;
• the stolen property was being overseen by a Medicare provider; or 
• you allegedly caused the fire alarm to go off or prevented it from going off in the commission of the theft.

Robbery and Burglary in Texas

Robbery and burglary are two other crimes often associated with theft. Robbery is when a person commits theft and intentionally, knowingly, or recklessly causes bodily injury to another or threatens to do so. The crime becomes aggravated (armed) robbery when the offender used or exhibited a deadly weapon and/or the alleged victim was 65 years or older or disabled. Robbery is a second degree felony punishable by 2-20 years in state prison and $10,000 in fines, and aggravated robbery is a first degree felony punishable by 5-99 years in state prison and $10,000 in fines.

Burglary is slightly different from robbery in that it involves:

• entering a building or habitation not then open to the public with the intent to commit a felony, theft, or assault;
• remaining concealed or hidden in a building or habitation with the intent to commit a felony, theft, or assault; or
• entering a building or habitation and committing or attempting to commit a felony, theft, or assault.

Burglary committed in a building will be charged as a State Jail Felony (6 months to 2 years in state jail and up to $10,000 in fines), while burglary committed in a habitation will be charged as a second degree felony (2-20 years in prison and up to $10,000 in fines). If the burglary committed in a habitation involved the intent to commit or attempt to commit a felony, the offense is a first degree felony (5 years to life in prison).

Defending Theft Charges in Bryan/College Station, TX

Theft accusations are best handled by an experienced Bryan/College Station theft defense attorney. Depending on the circumstances of your situation, you may have several defense options at your disposal, such as lack of intent or absence of bodily injury that warrants a robbery charge. The Law Office of Donnie Andreski, P.C. can take a detailed look at your case to determine your best plan of action. With years of detective experience under his belt, Attorney Andreski will know exactly what to look for to strengthen your defense before the prosecution.

Schedule a free consultation with The Law Office of Donnie Andreski, P.C. to get started on your defense immediately with our Bryan/College Station theft crimes attorney.