Theft of Property Charges in Central Texas — The Value Ladder

Q: The store says $2,600; the laptop was three years old — does that matter?

Absolutely. Fair market value of a used item is what the state must prove — and a three-year-old laptop isn't its retail price. That difference is a felony/misdemeanor line.

Q: I got a demand letter from the store's lawyers — do I pay it?

Not before counsel reviews it. Civil demands are separate from the criminal case; payment doesn't resolve the charge and can be sequenced badly.

Q: First-time shoplifting — what's realistic?

Diversion, deferred adjudication, or dismissal in most Central Texas counties for defendants who act early — protecting the record that matters more than the penalty.

Theft charges are priced by alleged value — and ‘alleged’ is doing heavy lifting. Fair market value at the time of offense is what the law requires; retail sticker price is what stores claim. The gap moves charge levels.

Charge: Theft of Property — Penal Code § 31.03

Level: Class C misdemeanor to first-degree felony, by value

Range: <$100: fine-only → $2,500–$30K: state jail felony → $300K+: first-degree

Court: Municipal/JP through district court, by level

How these cases play out in Central Texas courts

Bracket-line cases are valuation fights: depreciation, condition, actual resale value, and how the complainant’s number was produced. Shoplifting cases add civil-demand letters (ignore them until counsel reviews), loss-prevention procedure issues, and identity questions from video. Two prior theft convictions enhance even tiny thefts to state jail felonies — history drives everything. And theft’s real price tag is the moral-turpitude label: employment, licensing, and immigration all read theft convictions harshly, making record-protecting resolutions worth more than the fine math suggests.

Questions we hear about this charge

The store says $2,600; the laptop was three years old — does that matter?

Absolutely. Fair market value of a used item is what the state must prove — and a three-year-old laptop isn’t its retail price. That difference is a felony/misdemeanor line.

I got a demand letter from the store’s lawyers — do I pay it?

Not before counsel reviews it. Civil demands are separate from the criminal case; payment doesn’t resolve the charge and can be sequenced badly.

First-time shoplifting — what’s realistic?

Diversion, deferred adjudication, or dismissal in most Central Texas counties for defendants who act early — protecting the record that matters more than the penalty.

Facing a THEFT PROP charge?

The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.

General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.