What Is Grand Theft in Texas? Definition, Penalties, and Defense Strategies

Texas law does not use the term “grand theft.” Instead, all theft offenses are charged under Texas Penal Code §31.03 and classified as misdemeanors or felonies based on the value of the property and the specific circumstances.

In practice, people often use “grand theft” to describe felony-level theft. This usually applies when the property is valued at $2,500 or more. However, some theft offenses are charged as felonies regardless of value, including theft of a firearm or theft from a person.

Key Takeaways

• Texas does not use the term “grand theft.” 
• What people call “grand theft” typically refers to felony-level theft, which usually involves property valued at $2,500 or more, or certain categories such as theft of a firearm or theft from a person.
• Felony theft charges carry serious consequences, including potential state jail or prison time and fines up to $10,000.

What Does “Grand Theft” Mean in Texas Law?

What people commonly refer to as “grand theft” in Texas may include:

• Theft of property valued at $2,500 or more
• Theft of a firearm (regardless of value)
• Theft of certain livestock, which may be treated as a felony depending on the type and number of animals under Texas law
• Theft from a person (such as pickpocketing), which is charged as a state jail felony regardless of value

These offenses are typically charged as felonies and can result in state jail or prison time, substantial fines, and a permanent criminal record.

How Texas Defines Felony Theft (“Grand Theft”)

Under Texas law, theft occurs when someone unlawfully appropriates property with the intent to deprive the owner of it. When the value of the property reaches certain thresholds, the charge becomes a felony. And this is what people commonly call "grand theft."

It generally refers to stealing something valuable or serious enough to be charged as a felony instead of a misdemeanor.

But Texas law doesn't technically use the term 'grand theft' in its statutes. Instead, all theft offenses fall under Texas Penal Code §31.03. And the seriousness of the charge depends primarily on the property value or the type of property stolen.

Unlike robbery, theft doesn't involve force or threats. And unlike burglary, theft doesn't require entering or remaining somewhere without consent, but it's about unlawfully taking property. It involves unlawfully appropriating property without the owner’s effective consent, with the intent to deprive the owner of it. The classification depends on value and circumstances, not just the act of taking.

Texas Penal Code §31.03 (Theft)

Under Texas Penal Code §31.03, theft is the charge for a person who:

• Unlawfully appropriates property, and

• Intends to deprive the owner of that property.

Note: "Unlawfully" generally means without the owner's effective consent, or through deception, coercion, or other prohibited means.

According to the Texas Department of Public Safety, more than 570,000 theft offenses were reported statewide in the most recent annual data. Texas does not separately track “grand theft,” but felony-level theft is included within this total.

Is Grand Theft a Felony or Misdemeanor in Texas?

Grand theft is typically a felony offense in Texas. Here are the different theft offense levels based on property value:

What Can Make a Texas Theft Case a Felony (or Increase Punishment)?

Specific circumstances can elevate a theft charge. For example, a theft under $2,500 can be enhanced to a state jail felony if the defendant has two or more prior theft convictions.

Other circumstances that could potentially elevate a theft case into a felony:

• Theft of a firearm (automatic felony)

• Theft from a person

• Higher property value

• Certain controlled-substance thefts (pharmacy/clinic/hospital/nursing facility/warehouse/distributor vehicle)

Note: Theft from an elderly individual can result in enhanced punishment. And separate charges can be added in the case of organized retail theft (§31.16) and engaging in organized criminal activity (§71.02).

Difference Between Grand Theft and Petty Theft in Texas

Grand theft is the informal shorthand for felony-level theft, while petty theft is the informal term for misdemeanor-level theft. While some people still use these terms, they're no longer used in Texas statutes.

Common Examples of Grand Theft

Here are a few examples of grand theft cases in Texas:

• Embezzlement of large sums of money from employers

• Stealing auto vehicles valued over $2,500

• Fraud schemes involving substantial financial losses

Even a shoplifting case can be charged with felony theft if the value exceeds statutory thresholds.

Note: Depending on the alleged intent, some auto theft arrests are filed as theft, while others are charged as unauthorized use of a vehicle (joyriding).

Penalties for Grand Theft in Texas

The penalties for grand theft depend on the level of the felony theft charge.

Note: These are just the potential ranges, as listed in the Penal Code. But theft charges can be enhanced depending on the case facts, priors, and court discretion.

How Does Grand Theft Affect a Criminal Record?

A felony theft conviction in Texas can stay on your record and show up on background checks for years, or sometimes permanently, depending on the case outcome.

This can impact:

• Employment background checks

• Professional licensing applications

• Housing approvals

• Security clearances

• Firearm rights

Note: A felony theft conviction is not eligible for expunction, but dismissed or acquitted cases may qualify depending on the circumstances. Some individuals may qualify for an order of nondisclosure (record sealing).

What Prosecutors Must Prove for Grand Theft in Texas

For a grand theft charge in Texas, the State must prove that:

• The defendant unlawfully appropriated property,

• The property belonged to another person,

• The defendant intended to deprive the owner of the property, and

• Either the value meets felony thresholds, or the offense qualifies for felony treatment based on the type of property or prior convictions.

Important: If the prosecutor fails to prove any of these elements, the charge may be reduced or even dismissed.

Possible Defense Strategies for a Grand Theft Charge

If you're charged with grand theft, defense strategies will need to focus on challenging one or more required elements:

Note: Actual strategies can vary based on specific circumstances.

Michael & Associates Case Example: Grand Theft Charge Reduced

[Disclaimer: Past results don't guarantee similar outcomes. Every case depends on the facts, evidence, and prior history.]

A client was accused of shoplifting merchandise from a department store, and prosecutors filed the case as a state jail felony theft based on two or more prior theft convictions.

Under Texas law, two or more prior theft convictions can significantly increase the severity of a new charge. What is normally treated as a misdemeanor shoplifting case can be elevated to a felony if a person has a prior theft record.

In this case, the defense was able to negotiate with the prosecution and reach a resolution that reduced the felony charge to a misdemeanor, with the client receiving credit for time already served. This outcome helped the client avoid a felony conviction and the long-term consequences that often come with it.

Frequently Asked Questions

Is grand theft a felony in Texas?

Yes, if the value meets felony thresholds or a felony category applies (like theft from a person).

What amount qualifies as grand theft in Texas?

Generally, theft of $2,500 or more may qualify as felony theft.

Can grand theft charges be reduced?

In some cases, charges may be reduced through plea negotiations or by disputing the value of the property.

Does grand theft require violence?

No, violence would elevate the charge to robbery, which is a separate offense.

Schedule a Free Case Review with a Texas Criminal Defense Attorney

A grand theft charge in Texas typically means you're facing felony-level allegations, which can result in prison time, substantial fines, and a criminal record if convicted. In some cases, the situation can be even more serious if the charges are elevated due to the type of property involved or prior convictions.

Michael & Associates is a Texas-based criminal defense firm with offices across Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our criminal defense attorneys defend clients facing theft-related charges, including grand theft, robbery, burglary, and shoplifting, as well as DWI, drug offenses, assault, and other criminal cases.

Contact us today to schedule a free case review.

Legal disclaimer: This page reflects Texas law and does not apply to other states. Laws discussed are current as of 2026. It's for general information only and is not legal advice. Reading it does not create an attorney-client relationship.

Sources:

https://statutes.capitol.texas.gov/GetStatute.aspx?Code=PE&Value=31.03

https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.31&artSec=31.16

https://statutes.capitol.texas.gov/?tab=1&code=PE&chapter=PE.71&artSec=71.02

Note: This article was written by Ben Michael, Managing Partner of Michael & Associates (Texas Bar Card #24088055). It was originally published in March 2026, and has been reviewed for accuracy by the Michael & Associates research team and the firm's Texas attorneys.