THEFT
The Texas Penal Code has lumped together all forms of Theft into one category. In other words, Possession of Stolen Property, Embezzlement, etc. do not have their own separate categories. The distinctions are made within that section of the code itself. It covers everything from shoplifting to employee theft. The punishment range depends on the value of what was allegedly stolen.
Less than $100 is a Class C Misdemeanor; basically the same as a traffic ticket. Jail time is not an issue. The maximum punishment is a $500 fine.
$100 to $750 is a Class B Misdemeanor with up to six months in a jail and/or a $2,000 fine.
$750 to $2,500 is a Class A Misdemeanor with up to a year in jail and/or a $4,000 fine.
$2,500 to $30,000 is a State Jail Felony. That's 6 months to 2 years in a State Jail facility and up to a $10,000 fine.
$30,000 to $150,000 is a 3rd Degree Felony. Two to ten years in prison and up to a $10,000 fine.
$150,000 to $300,000 is a 2nd Degree Felony with a maximum punishment range of 2 to 20 years in prison and up to a $10,000 fine.
$300,000 or greater is a 1st Degree Felony. That is 5 to 99 years in prison and up to a $10,000 fine.
A conviction for theft would allow the store to sue the individual for up to $5,000 in Civil Court. It could be used against the person to enhance them to a higher punishment range on subsequent prosecutions. Ultimately, if a person is convicted of enough thefts they can be "habitualized". That means they could be facing 25 to life irrespective of the value of what they allegedly stole.
Theft is also a "crime of moral turpitude," meaning it is not only illegal it is immoral. A conviction essentially brands a person a "thief" for the rest of their life. This could have serious consequences on one's ability to get a job, win a scholarship, testify in a judicial proceeding or join the military. If one is not a citizen of the United States, a conviction for a crime of moral turpitude could result in their deportation, exclusion from the country and denial of citizenship or a visa.
The more complex the theft, the more complex the case. Larger amounts usually involve elaborate schemes, multiple dates and very often a "paper trail." Therefore, the greater the charges the more likely the case may require an expert witness or a forensic accountant. Experts can help sort through the financial documents. These cases take time, resources and patience. It is important to hire counsel that can meticulously go through all of the evidence. Someone who can present the strongest defense possible but can do so in such a way that will not bore a jury to the point at which they no longer want to pay attention.
EMPLOYEE THEFT
Employee Theft is taken a bit more serious by the DA's Office because the suspect was in a position of trust. Violation of the employer's trust could lead to more severe penalties than a run of the mill Theft case. Those cases are often times made even more difficult because there is a paper trail. Stores usually have video surveillance. Cash registers are often backed up to keep track of each and every transaction, return or exchange. Programs are designed to send a "red flag" to Loss Prevention if there is any unusual activity. All of this works to the State's advantage when prosecuting these cases.
SHOPLIFTING TO ROBBERY
If a suspect is caught shoplifting and proceeds to fight with the Loss Prevention Officer, ("LPO"), and during the course of that struggle the LPO is hurt, a weapon is exhibited or the thief threatens to kill anyone who tries to stop him, that case will get charged as a Felony Robbery instead of a Misdemeanor Theft.
The Texas Penal Code has lumped together all forms of Theft into one category. In other words, Possession of Stolen Property, Embezzlement, etc. do not have their own separate categories. The distinctions are made within that section of the code itself. It covers everything from shoplifting to employee theft. The punishment range depends on the value of what was allegedly stolen.
Less than $100 is a Class C Misdemeanor; basically the same as a traffic ticket. Jail time is not an issue. The maximum punishment is a $500 fine.
$100 to $750 is a Class B Misdemeanor with up to six months in a jail and/or a $2,000 fine.
$750 to $2,500 is a Class A Misdemeanor with up to a year in jail and/or a $4,000 fine.
$2,500 to $30,000 is a State Jail Felony. That's 6 months to 2 years in a State Jail facility and up to a $10,000 fine.
$30,000 to $150,000 is a 3rd Degree Felony. Two to ten years in prison and up to a $10,000 fine.
$150,000 to $300,000 is a 2nd Degree Felony with a maximum punishment range of 2 to 20 years in prison and up to a $10,000 fine.
$300,000 or greater is a 1st Degree Felony. That is 5 to 99 years in prison and up to a $10,000 fine.
A conviction for theft would allow the store to sue the individual for up to $5,000 in Civil Court. It could be used against the person to enhance them to a higher punishment range on subsequent prosecutions. Ultimately, if a person is convicted of enough thefts they can be "habitualized". That means they could be facing 25 to life irrespective of the value of what they allegedly stole.
Theft is also a "crime of moral turpitude," meaning it is not only illegal it is immoral. A conviction essentially brands a person a "thief" for the rest of their life. This could have serious consequences on one's ability to get a job, win a scholarship, testify in a judicial proceeding or join the military. If one is not a citizen of the United States, a conviction for a crime of moral turpitude could result in their deportation, exclusion from the country and denial of citizenship or a visa.
The more complex the theft, the more complex the case. Larger amounts usually involve elaborate schemes, multiple dates and very often a "paper trail." Therefore, the greater the charges the more likely the case may require an expert witness or a forensic accountant. Experts can help sort through the financial documents. These cases take time, resources and patience. It is important to hire counsel that can meticulously go through all of the evidence. Someone who can present the strongest defense possible but can do so in such a way that will not bore a jury to the point at which they no longer want to pay attention.
EMPLOYEE THEFT
Employee Theft is taken a bit more serious by the DA's Office because the suspect was in a position of trust. Violation of the employer's trust could lead to more severe penalties than a run of the mill Theft case. Those cases are often times made even more difficult because there is a paper trail. Stores usually have video surveillance. Cash registers are often backed up to keep track of each and every transaction, return or exchange. Programs are designed to send a "red flag" to Loss Prevention if there is any unusual activity. All of this works to the State's advantage when prosecuting these cases.
SHOPLIFTING TO ROBBERY
If a suspect is caught shoplifting and proceeds to fight with the Loss Prevention Officer, ("LPO"), and during the course of that struggle the LPO is hurt, a weapon is exhibited or the thief threatens to kill anyone who tries to stop him, that case will get charged as a Felony Robbery instead of a Misdemeanor Theft.