Arlington Theft: Petty Vs. Grand Theft Explained

Understanding Theft Under Texas Law

Under Texas Penal Code § 31.03, theft involves unlawfully taking property without permission, intending to permanently deny the owner its possession. Unlike other crimes, this violation focuses on intent and ownership. If someone takes something they don’t own without authorization and with plans to keep it, it qualifies as theft under Texas law.

For example, walking out of a store with an unpaid item might meet the criteria if the person intended to steal it. However, if an individual mistakenly takes property they think is theirs, they may not have the intent required for a conviction. This can make the case more difficult for the prosecution to prove.

While theft often brings to mind shoplifting or stealing physical items, Texas law recognizes other related offenses. For example, embezzlement involves misusing funds or property entrusted to you, while robbery includes theft combined with force or intimidation. These offenses, although distinct, share a common theme of unlawfully depriving someone of their property.

By understanding these distinctions, individuals accused of theft can better identify the nature of their charges. Whether it’s a simple case of retail theft or something more serious, knowing the specific accusation is the first step in assessing the potential consequences.

Petty Theft In Arlington

Petty theft is the unlawful taking of property with a low monetary value, typically under $100. It’s a common charge that often stems from actions like shoplifting or borrowing items without intending to return them. Even taking an item from a coworker without permission would likely lead to petty theft charges. Courts classify this offense as a Class C Misdemeanor, punishable by a fine of up to $500. 

Stealing items from an unattended car, such as a purse or electronic device, also qualifies as petty theft. If the stolen property’s value ranges from $100 to $750, the offense elevates to a Class B Misdemeanor. This classification carries more serious penalties of up to 180 days in jail, a fine of up to $2,000, or both.

However, certain factors can enhance penalties, even if the value of the stolen property is minimal. For instance, prior theft convictions, such as burglary and embezzlement, can result in more severe charges. Similarly, stealing specific items, such as a driver’s license, may lead to harsher consequences regardless of their monetary value.

Cases involving more significant amounts or high-value items are treated under a different category, often with much steeper consequences. Recognizing how these distinctions affect theft charges provides a critical context for handling accusations effectively.

Grand Theft In Arlington

Grand theft involves the unlawful taking of property with a significant monetary value, typically $500 or more. These cases often carry harsher penalties due to the higher stakes and more significant financial impact. Examples include stealing a car worth $5,000 or misappropriating $50,000 in funds from an employer.

Under Texas law, grand theft charges and penalties vary based on the value of the stolen property:

• Class A Misdemeanor: If the stolen property is valued between $750 and $2,500, the offense is classified as a Class A Misdemeanor. This charge is punishable by up to one year in jail and a fine of up to $4,000.
• State Jail Felony: This category involves stolen properties worth between $2,500 and $30,000. Penalties include 180 days to two years in state jail and fines as high as $10,000.
• Third-Degree Felony: When the stolen property is valued between $30,000 and $150,000, the crime is considered a third-degree felony. This can result in a prison sentence of two to 10 years and fines of up to $10,000.
• Second-Degree Felony: Theft involving property valued between $150,000 and $300,000 falls under this category. This charge carries a prison term of two to 20 years and fines of no more than $10,000.
• First-Degree Felony: If the property value exceeds $300,000, the offense is a first-degree felony. It is punishable by five to 99 years in prison and fines of up to $10,000.

Certain items can lead to higher charges even if their monetary value falls below the grand theft threshold. For instance, stealing livestock may result in a felony offense because of laws protecting agricultural property. Similarly, stealing guns or firearms can lead to elevated charges due to Texas laws governing firearm possession.

These severe consequences help clarify why legal guidance is so important. Engaging an Arlington theft attorney from the onset ensures efficient case handling and enables you to gain clarity on the most common questions about theft charges.

Arlington Theft FAQs

Facing theft charges raises many questions about penalties, legal defenses, and possible outcomes. While each case is unique, understanding how Texas theft laws apply to common concerns can provide reassurance.

Can Prior Theft Convictions Affect Current Charges?

Yes, prior convictions can significantly impact new theft charges. Repeat offenses often result in enhanced penalties, which may elevate a misdemeanor charge to a felony. Texas law views recurring theft violations as a sign of habitual criminal behavior, leading to stricter consequences for repeat offenders.

Is Returning Stolen Property A Valid Defense?

Returning stolen property does not automatically eliminate theft charges. While it may influence the court’s perception and potentially reduce penalties, the intent to deprive the owner is still a critical factor. The prosecution can proceed with charges even if the item is returned.

How Can A Lawyer Assist In A Theft Case?

An attorney helps by analyzing evidence, identifying weaknesses in the prosecution’s case, and negotiating for reduced charges or dismissals. They can also develop strategies tailored to the specifics of the situation. Their knowledge of local courts and legal processes is invaluable for achieving favorable outcomes.

What Defenses Can You Use Against A Theft Charge?

Common defenses include proving a lack of intent to steal, mistaken ownership, or consent from the property owner. Misidentification by witnesses or insufficient evidence can also serve as strong defenses. An experienced Arlington theft lawyer bases their strategies and defense on the specific case details.

Can Petty Theft Charges Be Dropped In Texas?

Yes, petty theft charges may be dropped under certain conditions. Examples include weak evidence, restitution agreements, or completing a diversion program. Courts evaluate cases individually to determine if dismissal is an option.

Theft, whether petty or grand, triggers complex legal nuances that require skilled legal representation. Securing support and guidance from an Arlington theft law firm proves invaluable when dealing with the intricacies of the law.

The Medlin Law Firm Fights For You

If you’re facing the challenges that a theft accusation brings, you don’t have to go through the legal battle alone. Our team at The Medlin Law Firm understands how life-changing these charges can be, and we work to fight for your rights.

With years of experience handling theft cases in Texas, we know the methods that work well in the local courts and against the prosecution. This insight allows us to craft strategies that give you an edge, whether it involves negotiating reduced penalties or challenging the prosecution’s evidence. From simple theft to serious felony charges, our firm aims to minimize the impact on your life while protecting your record.

We approach each one with the dedication it deserves. Our priority is to understand your goals, uncover the strengths in your defense, and pursue favorable outcomes. Our experienced team offers compassionate, aggressive representation to help you move forward confidently.

Summary

In Texas, petty theft usually involves property valued under $100, with penalties ranging from fines to diversion programs. In contrast, grand theft typically covers property valued at $500 or more, with charges escalating from misdemeanors to felonies. Understanding where your charges fall on this spectrum is vital for building a strong defense.

At The Medlin Law Firm, we help protect your future and rights. With our guidance, you can navigate the legal system effectively and work toward favorable outcomes. Our 24/7 phone support ensures we can discuss your case anytime and explore how we can assist you.