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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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in texas what is the first time offense in court on theft

Resolved Question:

in texas what is the first time offense in court on theft in the range of 500 dollar
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 6 years ago.
Hello,

Under the Texas Theft statute, section 31.03, if this is a first time offense then it is likely to be charged and punished as either a Class B misdemeanor or a Class A. It depends on whether the amount was worth more or less than $500. In some rare cases it could be charged as a felony but that is only in the case of a multiple offender or certain types of property. I have set out the relevant part of the statute below. A Class B misdemeanor carries a maximum punishment of a fine of $2000 and/or 180 days or less of jail. A Class A Fine not to exceed $4,000 and/or 1 year or less in jail.


"...2) a Class B misdemeanor if: (A) the value of the property stolen is: (i) $50 or more but less than $500; or (ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or (B) the value of the property stolen is less than: (i) $50 and the defendant has previously been convicted of any grade of theft; or (ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;
(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500; (4) a state jail felony if: (A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft; or (E) the property stolen is an official ballot or official carrier envelope for an election; (5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is: (A) 10 or more head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or (B) 100 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000;.."
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