Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

in texas what is the first time offense in court on theft

Customer Question
in texas what is the...
in texas what is the first time offense in court on theft in the range of 500 dollar
Submitted: 7 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 16 minutes by:
9/21/2010
Criminal Lawyer: Marsha411JD, Lawyer replied 7 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,416
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
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;.."
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,416
Experience: Licensed attorney with 29 yrs. exp. in criminal law
Verified
Marsha411JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,416
20,416 Satisfied Customers
Experience: Licensed attorney with 29 yrs. exp. in criminal law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

20,416 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was arrested for a misdemeanor theft/ shoplifting, I do
I was arrested for a misdemeanor theft/ shoplifting, I do not recall being read my miranda rights , do you think I would have a case to get it thrown out.. Also noticed on some of my paperwork that th… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
It began with a misdemeanor d.u.i. in Nevada 2011, no
Hello it began with a misdemeanor d.u.i. in Nevada 2011, no accident,non violent, non drug. Because of policy change in 2010 my charge was changed to a felony in 2012.I am dual citizen with now a curr… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
I received an infraction (not misdemeanor) for literring on
I received an infraction (not misdemeanor) for literring on the beach, and a fire on the beach (in Malibu). My court date was set for thursday (this week). I just learned of a serious test and I canno… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I was convicted of a misdemeanor in 2005. I have no other
I was convicted of a misdemeanor in 2005. I have no other convictions or arrests. I was recently denied when trying to purchase a firearm. I've read through your feed and saw where it should be automa… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My son was arrested tonight for theft-shoplifting(under
My son was arrested tonight for theft-shoplifting(under $50), curious if we should hire an attorney or go to court and ask for deferred adjudication, pay that fine and the $325 the store gave us in th… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
356 satisfied customers
What is the statue of limitations on timber theft in
What is the statue of limitations on timber theft in Mississippi? Does it start from the time of the theft or time of discovery of the theft? I've hired a forester to make a report, sent forester's re… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,681 satisfied customers
Under Florida statute: charge; FL814.014 vehicle theft,
Under Florida statute: charge; FL814.014 vehicle theft, FL810.02 Burgl/forced entry,FL784.021 Agg assault/ weapon,FL843.01 Resisting W/V, FL810.02 Crim Occ Dwelling. Disposition of all with FL943.058 … read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
Question about misdemeanor charges that employer wants me to
Question about misdemeanor charges that employer wants me to answer before working for them … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
Recently charged with multiple misdemeanor charges in a
recently charged with multiple misdemeanor charges in a different state then i live. what can i do to avoid appearing in court and can i set up payment plans for the fines … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
I have a court da on October 30 for a misdemeanor without a
I have a court da on October 30 for a misdemeanor without a bail and they didn't took my passport, can I leave the country? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,251 satisfied customers
If someone has multiple misdemeanors for theft and driving
If someone has multiple misdemeanors for theft and driving while barred. And is on probationAnd they leave the state Is there a time limit before they can return Or are they a fugitive and will. BE in… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
What is the punishment for a class misdemeanor for theft of
what is the punishment for a class b misdemeanor for theft of lost or mislaid property for first time offender … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,423 satisfied customers
My son has to appear in court on a misdemeanor. doesn't have
hi, my son has to appear in court on a misdemeanor. doesn't have any record and I guess did not move when the police asked him to. we bailed him and he has to appear in court 9/26. Should he have a la… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
12 years ago i received an A misdemeanor for theft but only
12 years ago i received an A misdemeanor for theft but only last year i found that the court house had me filed as a felony for 12 years!!! i never understood why i was rejected from fire departments … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,474 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am trying to find out if misdemeanor theft can be expunged
I am trying to find out if misdemeanor theft can be expunged in MD … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have been charged with a misdemeanor for retail theft, and
I have been charged with a misdemeanor for retail theft, and when I showed up for my court date, the judge rescheduled my court date and told me to get a lawyer. Should I go with a lawyer or a public … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I'm in court today at 1330 for four counts of misdemeanor
I'm in court today at 1330 for four counts of misdemeanor credit card fraud They want me to plea guilty to 2 of them and do 3 yrs formal probation I'm an RN for 15 yr first time offense … read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x