What Are the Punishment Ranges for Theft, Robbery, and Burglary Charges?

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Punishment ranges for theft, robbery, and burglary cases can vary widely depending on factors such as the amount stolen, what was stolen, and the identity of the victim. Check the following tables to see the various punishment ranges for theft, robbery, and burglary charges in Texas.

Class C misdemeanor: up to a $500 fine
Class B misdemeanor: up to 180 days in the county jail and a $2,000 fine
Class A misdemeanor: up to 1 year in the county jail and a $4,000 fine
State jail felony: 180 days – 2 years in the state jail and up to a $10,000 fine
3rd degree felony: 2 – 10 years in prison and up to a $10,000 fine
2nd degree felony: 2 – 20 years in prison and up to a $10,000 fine
1st degree felony: 5 years – life in prison and up to a $10,000 fine

Theft – General

The punishment range for most theft cases is determined by looking at the fair market value of whatever was stolen and comparing it to the following chart:

Value of Property Stolen	Charge Level
Less than $100	Class C misdemeanor
$100-$749	Class B misdemeanor
$750-$2,499	Class A misdemeanor
$2,500-$30,000	State jail felony
$30,000-$149,999	3rd degree felony
$150,000-$299,999	2nd degree felony
$300,000 or more	1st degree felony

Theft – Enhancements

If the theft involves any of these unique circumstances, punishment is enhanced one level upwards (e.g. from a Class B misdemeanor to a Class A misdemeanor or from a 2nd degree felony to a 1st degree felony):

• Theft by a public servant and the property came into the person’s possession by virtue of the fact of the person’s status as a public servant
• Theft while under a contractual relationship with the government and the property came into the person’s possession by virtue of their contractual relationship with the government
• Theft from an elderly individual (i.e. someone over 65)
• Theft from a nonprofit organization
• Activating or deactivating a fire alarm or tampering with an anti-theft device while committing theft

Multiple Thefts

Aggregate Theft

Sometimes people will steal a small number of items over a long period of time, such as a cashier taking small amounts of cash out of a register each day. If charged individually, each theft might not amount to more than a Class C misdemeanor. The charge of aggregate theft allows the state to add up the value of all the thefts a person has committed over time if the state can prove that the thefts were committed “pursuant to one scheme or continuing course of conduct.”

Theft 3rd or More

If a person has been convicted of theft twice before, the third theft can be charged as a state jail felony regardless of the value of the property stolen.

Theft – Specific Types of Property

The theft statute contains specific punishment ranges for the following types of property, regardless of the underlying value of the property

Type of Property Stolen	Level of Charge
Driver’s license or ID	Class B misdemeanor
Any property stolen from a person’s body (e.g. pickpocketing or purse snatching)	State jail felony
Any property stolen from a grave	State jail felony
A firearm	State jail felony
Any amount of aluminum, bronze, copper, or brass metal	State jail felony
An ATM machine or part of an ATM machine	2nd degree felony

Robbery and Aggravated Robbery

Robbery is a second-degree felony, punishable by 2-20 years in prison and up to a $10,000 fine.

Robbery can turn into “aggravated robbery,” a first-degree felony punishable by 5 years – life in prison and up to a $10,000 fine if:

• The victim is over 65 years old or disabled
• The robber used or exhibited a deadly weapon; or
• The victim suffered serious bodily injury, that is, “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

Burglary

Type of Burglary	Level of Charge
Burglary of a coin-operated machine	Class A misdemeanor
Burglary of a vehicle	Class A misdemeanor
Burglary of a vehicle – 3rd or more	State jail felony
Burglary of a rail car	State jail felony
Burglary of a building	State jail felony
Burglary of a habitation	2nd degree felony
Burglary of a habitation with attempt to commit, commission of, or intent to commit a felony other than felony theft	1st degree felony

For more information on Punishment Ranges for Theft, Robbery, and Burglary Charges in Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 936-4521 today.