Penalties for theft in Texas
Amount Classification Penalties
Less than $50, or less than $20 if by check
Class C misdemeanor
A fine of not more than $500
$50 or more but less than $500, or $20 or more but less than $500 if by check
Class B misdemeanor
Not more than 180 days in a county jail and/or a fine of not more than $2,000
$500 or more but less than $1,500
Class A misdemeanor
Not more than 1 year in a county jail and/or a fine of not more than $4,000
$1,500 or more but less than $20,000
State jail felony
180 days to 2 years in a state jail and/or a fine of not more than $10,000
$20,000 or more but less than $100,000
Third-degree felony
2 to 10 years in a state prison and/or a fine of not more than $10,000
$100,000 or more but less than $200,000
Second-degree felony
2 to 20 years in a state prison and/or a fine of not more than $10,000
$200,000 or more First-degree felony
5 to 99 years in a state prison and/or a fine of not more than $10,000
Those punishments can also be enhanced under certain conditions. For example, Class B and C misdemeanor theft charges increase one level if you have a previous theft conviction, and a Class A misdemeanor becomes a state jail felony if you have two previous theft convictions.
Also, the theft of some items such as firearms or metals such as copper or aluminum are felonies no matter the actual value.
Shoplifting charges also automatically become more serious if you are caught using tools to defeat theft prevention devices, or if you are charged with organized retail theft, meaning you were working with others to steal items for profit.
However, in all likelihood, if you are charged with simple theft by shoplifting and are convicted or enter a plea, you probably will receive only community service and fines, as long as the value is low and it's a first or second offense. However, you are still stuck with a permanent criminal record which may never go away.
The fact of a permanent, public criminal record is the reason why most people hire a shoplifting defense attorney to fight the charges. Avoiding a criminal record in the internet age can save you tremendous headaches in the future. It could prevent you from getting a job, a scholarship, or worse.
