Theft Charges in Williamson County
Most theft cases in Georgetown, Round Rock and throughout Williamson County TX are misdemeanors and involve ‘shoplifting’ at a local retail store, such as Walmart, HEB, Target, Dillard’s, Macy’s, or Kohl’s (all of which have very good ‘loss prevention’ programs). Other charges are initiated when someone writes a check to a retail outlet with insufficient funds in the account that later ‘bounces’ and the person either never receives notice or doesn’t reimburse the store after they receive notice. Still other theft cases involve property disputes between individuals including spouses and employers/employees.
A theft charge can come in a variety of forms, including Theft of Property (TX Penal Code, §31.03), Theft of Service (TX Penal Code, §31.04), Theft by Check (TX Penal Code, §31.06), or Organized Retail Theft (TX Penal Code, §31.16). Someone is guilty of theft only if they “unlawfully appropriate property with intent to deprive the owner of property… the property is stolen and the actor appropriates the property knowing it was stolen by another (TX Penal Code, §31.03).” The key words here are “with intent.” In a Theft of Property shoplifting case, intent is often more clear, but in some other cases intent becomes the central issue in the case because it is less clear.
In a Theft of Property case, the severity of the charge depends on the market value of the property allegedly stolen (with tax included if taken from a retail outlet), as follows:
- A felony if the value of the property stolen is $1500 or more; or
- A Class-A misdemeanor if the value of the property stolen is $500 or more but less than $1,500; or
- A Class-B misdemeanor if: the value of the property stolen is $50 or more but less than $500; or $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by §31.06; or the value of the property stolen is less than $50 and the defendant has previously been convicted of any grade of theft; or $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by § 31.06; or
- A Class-C misdemeanor if the value of the property stolen is less than $50; or $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by § 31.06. A Class-C theft charge is punishable by a fine not to exceed $500, but simply paying this fine, though easy in the short term, will mean a theft conviction on your record for life that could affect your ability to get a job.