In Texas, theft becomes a felony once the value of what was taken reaches $2,500, or when the item itself triggers a felony regardless of price, like a firearm. Below $2,500, theft is a misdemeanor that ranges from a small fine to up to a year in county jail. The exact charge runs on a value ladder set by Texas Penal Code Section 31.03, so the dollar amount the State puts on the property is often the single biggest factor in how serious the case is.
That number is not always set in stone. The value the State alleges can be contested, and that is one of the places a theft case gets fought.
This is a general overview of Texas law. It is not legal advice, and it is not a substitute for talking to a lawyer about your own situation.
How much theft is a felony in Texas?
Theft becomes a felony in Texas at $2,500. Under Texas Penal Code Section 31.03, theft of $2,500 to $30,000 is a state jail felony, and the degree climbs with the value up to a first-degree felony at $300,000 or more. Below $2,500, theft is a misdemeanor.
- $2,500 to $30,000: state jail felony
- $30,000 to $150,000: third-degree felony
- $150,000 to $300,000: second-degree felony
- $300,000 or more: first-degree felony
- Certain items, like a firearm, are a felony regardless of dollar value
How Texas grades theft by value
Texas Penal Code Section 31.03 sorts theft charges by the value of the property taken. The ladder looks like this:
- Under $100 is a Class C misdemeanor. This is the fine-only tier, no jail time.
- $100 to $750 is a Class B misdemeanor.
- $750 to $2,500 is a Class A misdemeanor.
- $2,500 to $30,000 is a state jail felony. This is where theft crosses from misdemeanor into felony territory.
- $30,000 to $150,000 is a third-degree felony.
- $150,000 to $300,000 is a second-degree felony.
- $300,000 or more is a first-degree felony.
So the short answer to “how much is felony theft” in Texas is $2,500. Reach that line and you are looking at a state jail felony instead of a misdemeanor. Climb the ladder and the felony degree rises with it.
A first-degree felony, at the top of the ladder, is the same grade Texas uses for some of its most serious offenses. A shoplifting case and a large embezzlement case both live on this one statute. The difference between them is the dollar figure.
When the item makes it a felony, not the price
Value is the usual driver, but Section 31.03 also lists property where the kind of thing taken raises the charge on its own. The price tag stops mattering.
- Theft of a firearm is a state jail felony no matter what the gun is worth. A $300 pistol lands in the same felony tier as $2,500 in cash.
- Theft from a person, a grave, or an ATM carries a raised charge level.
- Theft of certain metals (think copper wire and similar regulated materials) and livestock is treated more seriously than its raw resale value would suggest.
These are enhancements built into the theft statute. They exist because the Legislature decided certain property is worth protecting beyond its market value. If you are accused of taking one of these items, do not assume a low price means a low charge.
How prior convictions raise the charge
Your record can move you up the ladder too. Under Section 31.03, two or more prior theft convictions can bump a charge that would normally sit at the bottom. A Class C theft, the fine-only tier, can be raised to a Class B misdemeanor when the State proves the prior convictions.
This is why a case that looks minor on paper sometimes carries jail exposure. The State is not only charging the new alleged theft. It is stacking your history on top of it. Whether those priors are valid and properly proven is something a defense lawyer can examine, and it matters, because if a prior does not hold up the enhancement may fall with it.
Why theft charges get consolidated under one statute
Texas Penal Code Section 31.02 consolidates what used to be a scattered list of separate crimes (larceny, embezzlement, theft by false pretext, receiving stolen property, and others) into a single offense called theft. That sounds technical, but it has a real effect on a case.
Consolidation means the State does not have to pick the exact label at the start and live with it. It can prove theft under Section 31.03 in more than one way. It also means amounts can sometimes be aggregated. When property is stolen in a continuing course of conduct, the State may add the separate amounts together to push the total over a felony line. Several small alleged takings can combine into one felony-sized number.
That aggregation is not automatic. Whether the conduct truly forms one scheme, and whether the values were proven, are points a defense can contest.
What a theft case can turn on
The felony line in a Texas theft case often comes down to facts a lawyer can challenge: how the property was valued, whether the value the State alleges is actually supported, whether the items were lawfully obtained as evidence, whether intent to deprive the owner can be proven, and whether the prior convictions or aggregation the State relies on hold up. When the value drops below a threshold or the priors do not stand, a case filed as a felony may not stay one.
A theft conviction can also follow you long after any sentence ends. Texas labels theft a crime involving dishonesty, and that label can surface on background checks for jobs, housing, and professional licenses. That is part of why the misdemeanor-versus-felony line is worth taking seriously from day one.
Kent Starr defends theft and property crime charges in McKinney and across Collin County, from a shoplifting ticket through felony theft cases. Every case is different, and the law applies to the specific facts, so general information like this is a starting point and not advice about your situation.
If you or a family member is facing a theft charge in McKinney or Collin County, you can reach out for a confidential consultation with Kent or call (214) 982-1408. Past results do not guarantee future outcomes.
This article is general legal information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney.
Frequently asked questions
- How much does theft have to be to become a felony in Texas?
- Under Texas Penal Code Section 31.03, theft becomes a felony at $2,500. From $2,500 to $30,000 it is a state jail felony. Below $2,500 it is a misdemeanor. Certain items, like a firearm, are a felony regardless of value.
- Is shoplifting a felony in Texas?
- It depends on value. Under Texas Penal Code Section 31.03, shoplifting under $100 is a Class C misdemeanor and $100 to $750 is a Class B misdemeanor. It can rise to a felony if the value reaches $2,500 or if prior theft convictions raise the charge.
- Is stealing a gun a felony in Texas?
- Yes. Under Texas Penal Code Section 31.03, theft of a firearm is a state jail felony no matter what the gun is worth, because the type of property triggers the felony rather than the dollar value.
- Can prior theft convictions raise my charge?
- Yes. Under Texas Penal Code Section 31.03, two or more prior theft convictions can raise a charge. A Class C theft, normally fine-only, can be bumped to a Class B misdemeanor when the State proves the prior convictions.
- What does it mean that theft offenses are consolidated in Texas?
- Texas Penal Code Section 31.02 combines older crimes like larceny, embezzlement, and receiving stolen property into a single offense called theft. It also lets the State, in a continuing course of conduct, add separate amounts together, which can push a total over a felony threshold.