Theft

Theft involves taking an asset, money, services, or any kind of property that is capable of being stolen from the owner without his or her consent. The intention is usually to deprive the owner of the item permanently. The intention of the thief might be to keep the property permanently, sell it to another person, destroy it, or abandon it in circumstances where it will not be retrieved.

In other circumstances, theft does not need to be permanent deprivation of property. Stealing something with the intention of using it for a given period and then returning it later is also theft. This can be the case of stealing someone’s car to use for a short time and then abandoning it in a place where the owner can find it.

Larceny

This involves taking and carrying away the owners’ personal properties with the intention to steal. Larceny meets three conditions;

The goods are removed without the consent of the owner
The goods must be taken and carried away from their initial position
There must be an intention to steal or deprive the owner of his property permanently

Borrowing of the properties with the intention of returning even if not authorized is not larceny. Additionally, someone who mistakes the goods as his property then takes them away will not be charged with larceny.

Any stolen property whose value is less than $1,000 are treated as misdemeanors and referred to as petty or petite larceny. If the theft involves more valuable properties, it is called grand larceny and treated as felonies.

Robbery

Robbery is another category of theft crime which involves the use of force or violence to acquire a property or escape after stealing. Robbery can take the form of a bank heist, mugging, or carjacking. Robberies attract more severe penalties as compared to larceny.

White Collar Crimes

These mostly involve financial crimes, including embezzlement of funds, insurance fraud, and forgery committed by people entrusted to hold high positions in the business community. The perpetrators of these crimes always find ways of stealing using trickery means rather than force. The theft is usually not so obvious, and it takes a thorough investigation to find the perpetrators and prove that they committed the crime. These thefts are usually the largest and result in huge losses. Without proper evidence, the thieves can get away with the crime because they know how to cover their tracks well.

Burglary

This involves breaking into and entering another person’s premises without his/her awareness with the intention of committing a felony. This crime is also categorized into theft, though, in some cases, the intention might not be to steal. The burglary is usually done at night. Daytime form of burglary is simply known as housebreaking though the intentions might be the same as those of burglary.

Other theft crimes include;

Issuing bad cheques
Shoplifting
Deception or false pretense
Theft of service
Handling stolen property

theft Penalties According To Texas Law

In Texas, theft does not only involve taking an item directly from the owner. You might be charged with theft if you’re found in possession of a stolen item even if you’re not the one who stole it. If a person fails to perform an affirmative act that proves that the item given or sold to them is not stolen, he will face theft charges.

For instance, if you buy a car and the person selling it to you does not provide a property executed certificate of title (pink slip), you’re supposed to report to the Texas Department of Motor. Failure to do this will get you guilty of breaking Texas’ law against theft. You are also required to file the county tax collector/assessor in 20 days after receiving the vehicle failure to which you will be charged with theft.

Penalties For Theft

Penalties for theft in Texas are classified depending on the value of the stolen property or service and by the type of property stolen.

Class C Misdemeanor Theft

This is also known as petty theft, and the value of property stolen is less than $50. Offenders are fined not more than $500 with no jail time.

If one has a prior conviction for any penalty level of theft and steals property or service valued at less than $50, the person will be charged with Class B misdemeanor instead of a Class C misdemeanor.

Class B Misdemeanor Theft

This applies when the value of the stolen property is more than $50 and less than $500. It also applies to theft of identification cards or driver’s licenses. The offenders spend not more than 180 days in jail or pay a fine of $2,000 or both.

Class A Misdemeanor Theft

This applies when the value of the stolen property is $500 or more but less than $1,500. The offenders get confined in jail for not more than one year or pay a fine of $4,000 or both.

If the person has two or more prior theft convictions at any level then goes ahead to steal any property valued at less than $1,500, this will be considered a state jail felony and not Class B or A misdemeanor.

State Jail Felony Theft

This penalty applies if the value of the stolen property or service is $1,500 or more but less than $20,000. It also applies to a specific type of property that includes firearm or livestock valued at less than $20,000. The offender will spend between 180 days to two years in state jail and pay a fine of not more than $10,000.

Felony of the Third Degree Theft

This theft penalty applies if the property or services stolen is $20,000 or more but less than $100,000. It also applies to a certain type of property, such as livestock valued at less than $100,000. The offenders get a jail time of between two to ten years in the Texas Department of Criminal Justice plus a fine of no more than $10,000.

Felony of the Second Degree Theft

This applies if the value of the stolen property is $100,000 or more but less than $200,000. Offenders of a felony of the second degree under Texas law will spend between two to 20 years in jail in the Texas Department of Criminal Justice and pay a fine of not more than $10,000.

Felony of the First Degree Theft

This is when the stolen service or property has a value of $200,000 or more. The offenders get between five to 99 years of jail time in the Texas Department of Criminal Justice plus a fine of not more than $10,000.