Types of Misdemeanor Theft

A theft case may be considered a misdemeanor depending on the state in which the crime was committed. Misdemeanor theft is defined by the value of the stolen property. Misdemeanors do not have prison terms, though they can and often do carry county jail terms and heavy fines. Examples of misdemeanor theft include

• Theft of service
• Receiving stolen property
• Theft of lost property
• Theft of property

Misdemeanor Classifications

There are many parameters which determine the conviction and penalty for theft cases. Theft is considered a Class C misdemeanor if the value of the stolen property or services is less than $20 and the property or services are obtained by check or sight order, or if the value is less than $50. Theft is considered a Class B misdemeanor if the value of the stolen property or services is

• Greater than $50 but less than $500
• Greater than $20 but less than $500 if the service or property is obtained by check or sight order
• Less than $50 if the defendant has been previously convicted of theft
• Less than $20 if the services or property is obtained by check or sight order and if the defendant has a previous conviction of any kind of theft

Theft is considered a Class A misdemeanor if the value of the stolen property or services is more than $500 but less than $1500; if the value is over $1500, the crime is considered a felony.

Punishments for Misdemeanor Theft Offenses

Class A theft misdemeanors are punished by fines of up to $4000 and up to one year in jail, or no less than 90 days in jail for habitual offenders. Class B theft misdemeanors are punished by fines of up to $2000 and 180 days in jail, or no less than 30 days in jail for habitual offenders. Class C misdemeanors are punishable by a fine of up to $500. If the offender has a record of more than three convictions in the 24 months preceding the crime, his or her punishment is increased to a maximum of 180 days in jail and a fine of up to $2000.

Punishments for Class C and Class B misdemeanors can increase if the offender has previous theft convictions. Class A misdemeanors become felonies if the offender has two or more previous theft convictions.

The laws and penalties regarding misdemeanor classes and offenses vary from state to state; however, Texas law is generally representative of misdemeanor laws across the US. Theft in Texas is a broad criminal charge that includes a wide range of offenses, from shoplifting to bouncing checks to buying stolen property. The punishment for such a crime is generally dependent on the value of the stolen item; it can be as light as a small fine or as serious as a prison sentence, in extreme cases.

The Penal Code of Texas defines theft as the taking of someone else’s property without his or her consent, either by deception or by physically stealing it. For an action to be qualified as theft, it is not necessary that the offender keep the stolen item or property, but he or she must retain possession long enough to deprive the owner of its value. Taking something that belongs to another individual then returning it for a reward is considered theft under Texas law.

Types of Theft

The four most common ways to commit misdemeanor theft are

1. Shoplifting: the act of taking items from a store with the deliberate intention of not paying for the full value of the items. This includes the switching of price tags.

2. Bad checks: paying for an item by check with a closed checking account is considered to be misdemeanor theft. If a check is bounced, the writer of the check must reimburse the merchant within ten days or the action will be considered theft.

3. General theft: the taking of an item which belongs to someone else by any means without the consent of the item's owner.

4. Buying or accepting stolen property: possession or taking of an item when the individual receiving it is aware that the person selling the item is not the rightful owner.

More information about misdemeanor theft in Texas is available at http://www.texaspolicecentral.com/penal_http://www.peoplepublicrecords.org/code.html as well as http://www.statutes.legis.state.tx.us Information on misdemeanor theft laws for different states can be found at the police department websites of the respective states.