Will My Theft Charge Be a Misdemeanor or Felony in Texas?

 Posted on April 25, 2026 in Theft

A theft charge in Texas can range from a minor misdemeanor to a serious felony, depending on the circumstances. The difference between those two outcomes can mean the difference between a small fine and years in prison. If you've been charged with theft in 2026, a Dallas, TX criminal defense lawyer can help you understand exactly what you're facing and what your legal options are.

What Is the Line Between a Misdemeanor and a Felony Theft Charge in Texas?

In Texas, the single biggest factor in determining the level of a theft charge is the value of what was allegedly stolen. Texas Penal Code §31.03 lays out a tiered system that begins with Class C misdemeanors at the low end. At the top are first-degree felonies.

The tiers break down by value as follows:

• Class C misdemeanor: The value of the stolen property is less than $100.
• Class B misdemeanor: The value is $100 or more but less than $750.
• Class A misdemeanor: The value is $750 or more but less than $2500.
• State jail felony: The value is $2500 or more but less than $30,000.
• Third-degree felony: The value is $30,000 or more but less than $150,000.
• Second-degree felony: The value is $150,000 or more but less than $300,000.
• First-degree felony: The value is $300,000 or more.

The value of the stolen property is calculated based on its fair market value at the time of the offense. There are also other factors that may move a charge further up the scale than just the monetary value of the item or items stolen.

Factors That Make a Theft Charge More Serious in Texas

Texas law gets quite specific about what circumstances make a theft charge more serious than the dollar amount the item is worth.

Prior Theft Convictions

If you have previous theft convictions on your record, prosecutors can use them to enhance your current charge. Two or more prior theft convictions can move what would otherwise be a Class C or Class B misdemeanor to a Class A misdemeanor.

Who the Victim Is

Theft from certain protected groups can trigger a higher charge. Stealing from someone who is elderly (65 or older) can move the charge up a tier. The same is true for theft involving a nonprofit organization.

What Was Stolen

The type of property matters in some cases. Stealing firearms, for example, is automatically charged as at least a state jail felony regardless of the firearm's value. Theft of livestock or other agricultural products can also carry specific, higher penalties. Even the material the stolen object was made of (aluminum, copper, bronze, brass) can influence how serious a charge is.

How the Theft Was Carried Out

A simple shoplifting theft is treated differently from a theft involving a firearm or threats. Thefts that include extensive planning beforehand are also more serious. These circumstances can affect both the charge level and how aggressively the case is prosecuted.

What Are the Long-Term Consequences of a Theft Conviction in Texas?

A theft conviction, even at the misdemeanor level, can follow you in ways that affect daily life long after the case is closed. It may result in a permanent criminal record that appears on background checks. That can make it harder to find employment – especially in jobs involving money or vulnerable individuals – and lead to the loss of professional licenses in fields such as healthcare, finance, or education.

Non-citizens may face immigration consequences, including possible deportation, and housing can become more difficult to secure since many landlords screen for theft convictions. Because of these lasting impacts, even minor theft charges should prompt you to contact an attorney.

Call a Tarrant County, TX Criminal Defense Lawyer Today

A theft charge doesn't automatically mean a conviction. Our Dallas criminal defense attorney is a former prosecutor for the Dallas County District Attorney's Office and brings more than 25 years of legal experience to every case. She’ll help you build the strongest defense possible. Contact the Law Office of Michelle Poblenz at 469-845-3031 to schedule your consultation today.