What is the Lowest Charge for Theft?

criminal breaking into a car

What can you expect when you’re charged with theft?

Texas isn’t just a vacation destination. Every day, folks from other states are moving here and settling into the Lone Star State as a forever home. While this is good for the economy in many ways, it also brings more crime, which is why the amount for posting bail for theft charges has increased in recent years, as well as the punishments. 

Lawmakers have listened to law enforcement and citizens and realized that there has to be something done to cut back on the amount of crime. And those prone to commit crimes like theft, newcomers, or lifelong Texans, are hopefully deterred by the amount of bail for theft charges. In Austin, TX, there are many things you will have to take into account if you find yourself facing theft charges. Fortunately, our team can be there to help guide you through the process.

How much is bail for theft in Texas?

Theft charges can vary between counties from a misdemeanor charge to a felony charge. It depends on the monetary value of the item(s) stolen, and the criminal record of the accused. The amount of bail for theft charges will be based on how the charges are filed. Some examples are: 

  • Class B Misdemeanor: For theft of property valued between $50 and $500, the bail bond can be up to a maximum of $2,000. To post bail for theft charges for the release of the accused, 10% of that must be paid in cash to a bail bond agent.
  • Class A Misdemeanor: For theft of property valued between $500 and $1,500, the bail bond can be set for a maximum of $4,000. Again, 10% of that amount must be paid in cash to a bail bond agent for the accused to be released.
  • State Felony:  For theft of property valued between $1,500 and $20,000, the maximum bail for release of the accused is $10,000. The 10% payment in cash to a bail bond agent still holds. 
  • Third-Degree Felony: For theft valued between $20,000 and $100,000, it becomes a 3rd-degree felony with a maximum possible bail set at $10,000. The same cash payment to a bail bond agent is required. 
  • Second Degree Felony: For theft valued between $100,000 and $200,000, the cash bail is typically up to $10,000 paid to a bail bond agent. Depending on the circumstances surrounding the arrest, it could be higher if the judge deems it necessary. 
  • First Degree Felony: For theft valued at $200,000 or more, the minimum bail for theft charges is $10,000 and the cash paid to a bail bond agent holds in place at 10%, some bail bond agents may require a 20% payment in cash. If the arrest for theft was part of a heinous crime, setting bail may be declined.

What is the punishment for theft charges in Texas?

Once the bail for theft charges has been paid and the accused is released from custody, they will need to report to the bail bond agent, typically once a week. The bail bond agent has the right to request more frequent reporting. 

This will continue until the accused has their court date, at which time, the defendant is found guilty or innocent by a set of piers (the jury) after the state has presented their evidence and the defense attorney has stated their client’s claim. The possible punishments a judge may hand down include: 

  • Class B Misdemeanor Theft up to $500 value: Maximum 180 days in jail
  • Class A Misdemeanor Theft of value between $500 and $1500: Maximum 1 year in jail
  • State Jail Felony Theft between $1500 and $20,000: Between a minimum of 180 days jail time to 2 years jail time.
  • Third-Degree Felony Theft between $20,000 and $100,000: Between two and 10 years of prison time in addition to a maximum fine of $10,000.
  • Second-degree Felony Theft between $100,000 and $200,000: Between two and twenty years of prison time. 
  • First-degree Felony Theft over $200,000: Punishment can range between a minimum of 5 years to life in prison. The more heinous the crime involved, the longer the punishment sentence.

What are the four types of theft?

The general theft laws in Texas cover a wide range of thefts. The four basic types are: 

  • Embezzlement
  • Extortion
  • Swindling
  • Receipt of stolen property

The State of Texas has additional types of theft that will require a judge to set bail for theft charges for the accused to be released. Those additional types include:

  • Organized retail theft
  • Trade secret theft
  • Cargo theft
  • Theft by check

How much do you have to steal for it to be a felony in Texas?

The theft charges become a state felony when they fall into one of the following categories: 

  • The value of stolen property or services is between $2,500 and $30,000
  • The value of the stolen property is under $2,500, and it is a 3-time or more offense for the defendant
  • The stolen property is from another person, off of a human corpse, or from a grave
  • The stolen property is a certain livestock, certain metals, firearms or an election ballot

State jail felony theft can be punished by a maximum fine of $10,000,  prison time minimum of 180 days up to a maximum of two years, or both a fine and prison time. 

In Closing 

Some states have stricter laws than Texas, while some are more lenient. For example, does Texas send first-time shoplifters to jail? After the initial arrest, yes – you’ll be taken to jail, booked, and held to wait for the judge to deny or set bail for theft charges. If convicted of the charge, the defendant is ordered to pay a set fine but jail time is not set. However, if the judge declares the circumstances surrounding the crime, they may sentence a certain amount of jail time. If you are waiting for bail for theft charges in Austin, TX or the surrounding area, the team at ATX Bail Bonds is ready to help you through the process. Call us at 512.834.2245 and we can help with any questions you may have.