Felony Theft Amount and Penalties in Texas
The dollar amount that makes theft a felony in Texas, and the felony and misdemeanor classes and penalties that apply.
Short answer: Theft becomes a felony (state jail felony) at $2,500. Tiers: less than $100, Class C misdemeanor; $100 or more but less than $750, Class B misdemeanor (also less than $100 with a prior theft conviction, or a driver's license or ID card); Tex. Penal Code § 31.03(e)
| How much theft is a felony | Theft becomes a felony (state jail felony) at $2,500. Tiers: less than $100, Class C misdemeanor; $100 or more but less than $750, Class B misdemeanor (also less than $100 with a prior theft conviction, or a driver's license or ID card); $750 or more but less than $2,500, Class A misdemeanor; $2,500 or more but less than $30,000, state jail felony (also, regardless of value, property stolen from a person, a firearm, a human corpse or grave, an official ballot, and theft under $2,500 with two or more prior theft convictions, among other listed property); $30,000 or more but less than $150,000, felony of the third degree; $150,000 or more but less than $300,000, felony of the second degree (also an ATM or its contents or components under $300,000); $300,000 or more, felony of the first degree. Source: Tex. Penal Code § 31.03(e) |
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| Felony classes and maximum sentences | Texas grades felonies as capital felonies, felonies of the first, second and third degree, and state jail felonies. Capital felony: if the state seeks the death penalty, life imprisonment without parole or death; if not, life imprisonment for an offender younger than 18 at the time of the offense, or life without parole for an offender 18 or older. First degree: imprisonment for life or for any term of not more than 99 years or less than 5 years, plus an optional fine not to exceed $10,000. Second degree: not more than 20 years or less than 2 years, plus an optional fine not to exceed $10,000. Third degree: not more than 10 years or less than 2 years, plus an optional fine not to exceed $10,000. State jail felony: confinement in a state jail for not more than two years or less than 180 days, plus an optional fine not to exceed $10,000 (some state jail felonies are punished as third degree felonies in listed circumstances). Source: Tex. Penal Code §§ 12.31-12.35 |
| Misdemeanor classes and maximum penalties | Class A misdemeanor: a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both. Class B misdemeanor: a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both. Class C misdemeanor: a fine not to exceed $500 (no jail). Source: Tex. Penal Code §§ 12.21-12.23 |
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FAQ
How much do you have to steal for it to be a felony in Texas?
Theft becomes a felony (state jail felony) at $2,500. Tiers: less than $100, Class C misdemeanor; $100 or more but less than $750, Class B misdemeanor (also less than $100 with a prior theft conviction, or a driver's license or ID card); $750 or more but less than $2,500, Class A misdemeanor; $2,500 or more but less than $30,000, state jail felony (also, regardless of value, property stolen from a person, a firearm, a human corpse or grave, an official ballot, and theft under $2,500 with two or more prior theft convictions, among other listed property); $30,000 or more but less than $150,000, felony of the third degree; $150,000 or more but less than $300,000, felony of the second degree (also an ATM or its contents or components under $300,000); $300,000 or more, felony of the first degree.
What are the felony classes and maximum sentences in Texas?
Texas grades felonies as capital felonies, felonies of the first, second and third degree, and state jail felonies. Capital felony: if the state seeks the death penalty, life imprisonment without parole or death; if not, life imprisonment for an offender younger than 18 at the time of the offense, or life without parole for an offender 18 or older. First degree: imprisonment for life or for any term of not more than 99 years or less than 5 years, plus an optional fine not to exceed $10,000. Second degree: not more than 20 years or less than 2 years, plus an optional fine not to exceed $10,000. Third degree: not more than 10 years or less than 2 years, plus an optional fine not to exceed $10,000. State jail felony: confinement in a state jail for not more than two years or less than 180 days, plus an optional fine not to exceed $10,000 (some state jail felonies are punished as third degree felonies in listed circumstances).
What are the misdemeanor classes and penalties in Texas?
Class A misdemeanor: a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both. Class B misdemeanor: a fine not to exceed $2,000, confinement in jail for a term not to exceed 180 days, or both. Class C misdemeanor: a fine not to exceed $500 (no jail).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.