What is Petty Theft in Texas? Laws, Penalties, and What to Expect

In Texas, theft of property valued under $100 is typically charged as a Class C misdemeanor. Although commonly called “petty theft,” Texas law does not use that term. Penalties usually include a fine but no jail time unless the charge is enhanced.

The following can be considered petty theft in Texas if the stolen property is less than $100 in value:

• Taking another person's wallet or other personal property
• Shoplifting merchandise from a store
• Switching price tags to pay less for merchandise
• Borrowing someone's property without consent and failing to return it, if there is an intent to deprive the owner

"Petty theft" is typically considered a Class C misdemeanor, but the charge can escalate depending on prior convictions or other circumstances.

Key Takeaways

• “Petty theft” is not an official legal term in Texas
• Theft under $100 is typically a Class C misdemeanor
• Charges can increase based on prior convictions or circumstances

Definition: Petty Theft in Texas

Some states may consider theft as either "petty" or "grand," but it's different in Texas. Here, it's just theft.

If someone unlawfully appropriates property with the intent to deprive the owner of it, that person commits theft.

• It's considered unlawful if the deed is done without the owner's effective consent.

• “Intent to deprive” can include permanently keeping the property, withholding it long enough to reduce its value, or disposing of it so it is unlikely to be recovered.

So, if you intentionally take something that isn't yours without permission and plan to keep it, sell it, or prevent the owner from getting it back, that's theft. Even petty larcenies like stealing cigarettes from a gas station can result in theft charges.

Texas Penal Code §31.03 (Theft)

Under Texas Penal Code §31.03, theft can occur in several ways, including taking property without consent, obtaining it through deception, or exercising control over property knowing it was stolen.

In 2024, 69.9% of all property crimes in Texas were reported as larceny-thefts (unlawful taking of property without force) — the category that includes petty theft.

Is Petty Theft a Felony or Misdemeanor?

Petty theft, which is the common term for theft of property valued at under $100, is considered a Class C misdemeanor. This is the lowest-level theft charge in Texas.

If the property value is $100 or more, the theft level elevates as follows:

• $100 to $749: Class B misdemeanor

• $750 to $2,499: Class A misdemeanor

• $2,500+: State jail felony or higher

Can You Go to Jail for Petty Theft?

You won't be jailed for a standard petty theft. Since it's a Class C misdemeanor (under $100), punishment typically involves a fine of up to $500 and no jail time. However, if the charge is enhanced to a Class B misdemeanor or higher, jail time becomes possible.

How Can Petty Theft Charges Be Dropped in Texas?

Petty theft charges in Texas can be dismissed due to lack of evidence, successful defense motions, or participation in diversion programs.

In one of our recent cases, a client was charged with Class B misdemeanor theft in Collin County since the property was valued between $100 and $750.

The defense provided the prosecutor with documentation showing the client had completed treatment, which helped demonstrate accountability and rehabilitation. Because of this, the case was ultimately dismissed, and the warrant was recalled.

Difference Between Petty Theft and Grand Theft

The main difference between petty theft and grand theft in Texas is the value of the property involved.

People commonly use the term petty theft for low-value theft involving property valued under $100. On the other hand, grand theft refers to higher-value theft offenses that reach felony levels.

Petty Theft vs. Grand Theft in Texas

Common Examples of Petty Theft

Examples of what people commonly refer to as petty theft include:

• Stealing a colleague's phone charger

• Shoplifting small retail items under $100

• Taking cash (less than $100) from a roommate's wallet

In 2024, Texas had 2,041 property crime offenses per 100,000 people, ranking it 9th highest among U.S. states. And in many counties in the state, retail theft arrests make up a large portion of misdemeanor dockets.

Penalties for Petty Theft in Texas

Since petty theft is typically a Class C misdemeanor, possible penalties include:

• Jail: None

• Fine: Up to $500

But if the charge elevates, the penalties will be as follows:

Class B Misdemeanor ($100 to $749)

• Jail: Up to 180 days in county jail

• Fine: Up to $2,000

Class A Misdemeanor ($750 to $2,499)

• Jail: Up to 1 year

• Fine: Up to $4,000

How Does Petty Theft Affect a Criminal Record?

Even a Class C misdemeanor theft can leave a criminal record. It can affect:

• Employment background checks

• Apartment rental screenings

• Professional licensing

• Immigration

• Loans

What Prosecutors Must Prove for Petty Theft in Texas

For a petty theft charge in Texas, prosecutors must prove that:

• You appropriated property

• The property belonged to another person

• The appropriation was unlawful (without consent)

• You intended to deprive the owner of the property

If any element cannot be proven beyond a reasonable doubt, the charge may be dismissed.

Possible Defense Strategies for a Petty Theft Charge

If you're charged with petty theft, defense strategies often focus on challenging one or more legal elements.

Other common legal defenses may include:

• Insufficient evidence

• Illegal search or arrest

• Coercion or duress

Real-World Example: Petty Theft Case Dismissal

In a recent case, a Michael & Associates client was accused of taking merchandise without paying for it. It was a Class C misdemeanor under Texas Penal Code §31.03, which usually involves shoplifting or taking property valued under $100.

To support the request for dismissal, our attorney asked the client to complete a retail theft class before the scheduled court date. As a result, the court dismissed the case, and the client avoided a theft conviction on their record.

Frequently Asked Questions

Is petty theft the same as shoplifting in Texas?

Not exactly. Shoplifting is theft from a store, while petty theft is used to refer to low-value theft in general.

Is retail theft considered petty theft in Texas?

It depends on the value of the property involved in the retail theft. If the value is less than $100, then it's considered petty theft.

How much money qualifies as petty theft in Texas?

Typically, property valued under $100 is considered the lowest-level or petty theft offense.

Will petty theft stay on my record?

Yes, unless you qualify for expunction or nondisclosure.

Do I need a lawyer for a petty theft charge?

A lawyer isn't required, but legal advice can help you understand your options and may improve your chances of a favorable outcome.

Schedule a Free Case Review with a Texas Theft Defense Lawyer

A petty theft charge in Texas may seem minor, but it can still lead to fines. If the charge is enhanced due to prior convictions or other circumstances, you can even face jail time. Plus, it will leave a criminal record that could negatively affect your future. So, it's important to address it carefully.

Michael & Associates is a Texas-based criminal defense firm with offices throughout Texas, as well as in Nashville, Tennessee, and Los Angeles, California. Our attorneys defend clients facing theft-related charges, including petty theft, shoplifting, robbery, and burglary, 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.

Sources:

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

https://usafacts.org/answers/what-is-the-crime-rate-in-the-us/state/texas/

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.