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What does “theft of property” mean?
A booking entry may say “THEFT PROP” followed by a dollar range or reference to prior convictions. Texas Penal Code §31.03 generally concerns unlawfully acquiring or exercising control over property with intent to deprive its owner. It includes taking property without effective consent and knowingly acquiring property stolen by someone else. Shoplifting is one form of theft.
A charge is an allegation, not a finding of guilt. Consent, intent, ownership, value, and what actually happened can all matter. Keep the complete charge description rather than relying on an abbreviation or a family member’s summary.
The general property-value brackets
These are the ordinary value-based classifications under §31.03. Special property, prior convictions, and other statutory circumstances can change the classification. The dollar amounts describe the alleged value of property, not what a family must pay for release.
| Alleged property value | General charge level |
|---|---|
| Less than $100 | Class C misdemeanor |
| $100 to less than $750 | Class B misdemeanor |
| $750 to less than $2,500 | Class A misdemeanor |
| $2,500 to less than $30,000 | State jail felony |
| $30,000 to less than $150,000 | Third-degree felony |
| $150,000 to less than $300,000 | Second-degree felony |
| $300,000 or more | First-degree felony |
General value bands only. Read the full charge and applicable enhancement; an alleged value below $2,500 does not always mean a misdemeanor.
Source: Texas Penal Code Chapter 31 — Theft, valuation, and aggregation
Why a low-value allegation can carry a higher charge
These are examples, not a complete list. The alleged offense date also matters because statutory changes may apply only to later conduct. Ask a defense attorney to review the actual charging document and any enhancement.
- A theft below $100 can be a Class B misdemeanor when the person has a prior theft conviction.
- A theft below $2,500 can be a state jail felony with two or more prior theft convictions of any grade.
- Firearms, property taken directly from another person, catalytic converters, and certain other property have special classification rules.
- Other circumstances can increase punishment, including specified thefts from elderly people or nonprofits and certain copper or brass thefts involving critical infrastructure.
How value and multiple incidents can affect the case
Under §31.08, ordinary valuation generally begins with fair market value at the time and place of the offense. If that cannot be established, replacement cost within a reasonable time is used. There are additional rules for particular property and a separate retail-price rule for organized retail theft under §31.16. That specialized rule should not be assumed to govern every ordinary shoplifting allegation.
Under §31.09, amounts taken as part of one scheme or continuing course of conduct may be combined, even when they come from different sources. Several small amounts can therefore lead to a different classification than a single incident. Preserve receipts, item descriptions, and records relevant to value for your attorney.
Common questions about theft charges
Does returning the property automatically end the case? Do not assume that repayment or a return means a charge has been dismissed. Ask your attorney how any proposed return or payment could affect the matter, and confirm the actual case status with the court.
Is a disagreement about money automatically theft? A dispute by itself does not establish every element of a criminal offense. For example, Chapter 31 says that failing to perform a promise, without other evidence of intent or knowledge, is not enough by itself to prove the person never intended to perform. Counsel should review the facts and distinguish any civil and criminal issues.
Can I get the record cleared later? Eligibility depends on the disposition and other legal requirements. A dismissal, conviction, or completed supervision should not be treated as an automatic promise of expunction. Our record-clearing guide explains the questions to ask.
What to gather for the next conversation
Keep original records intact. Let your attorney guide discussions about disputed facts and any contact with a complainant. The bond office needs release and application information; it does not decide the criminal case.
- The booking or case number, full charge, stated value bracket, and listed degree.
- Any reference to prior convictions or a special property category.
- Existing receipts, ownership or permission records, and relevant messages for your attorney.
- The court-set bond for each charge, other custody issues, and upcoming court dates.
The theft amount is not the bond amount
A $750 allegation does not mean the bond is $750. Bail and conditions are judicial decisions governed by the applicable law and circumstances. The court’s bond amount, a possible criminal fine, restitution, and a bonding company’s service charge are separate things.
If someone is in custody, confirm the jail, full legal name, date of birth, and any posted bond amounts. AAA can review a bond application and explain its terms. If accepted, an agent will call about pricing and paperwork. Posting one bond does not resolve separate holds or guarantee immediate release.