Although most people are aware that theft is a crime and have a general idea of the criminal consequences that follow a theft conviction, lots of people are unaware that theft of services & related offenses are seen by the law in the same light as traditional theft, and prosecuted as such.
In the state of Texas, theft laws are described as offenses against property, which means any offense against private property, including the misuse or abuse of services or property via leasing or rental, has a legal remedy to protect the owner and to promulgate a more reasonable and decent society.
Not every individual accused of theft of services is guilty, nor do they deserve a jail sentence or to be treated like a criminal. If you or a loved one are facing criminal charges related to the theft of services of any kind, Attorney Brandon Strauss would like to hear from you. The Strauss Law Firm can be reached by phone at any time of the day or night by calling 713-586-9200 or via the contact form.
Theft of Services
An Overview of Texas Law
Theft of Services is defined in Section 31.04 of Chapter 31 of the Texas Penal Code. Generally speaking, the crime of theft of service is a crime which basically entails the avoidance of payment for services rendered. This offense can apply to numerous situations, including theft of telecommunication services, electricity theft, failure to pay for or return rental property, skipping out on hotel dues, and a plethora of other offenses and applicable situations.
According to Texas Penal Code § 31.04, an individual can be charged with theft of service if they intentionally avoid paying for a service they know is provided for compensation only. This can include:
- Intentionally or knowingly securing the service by deception or threat,
- Holding rental property past the expiration of the rental period without consent,
- Intentionally securing services by promising compensation and then failing to make payment, and/or
- Using services for the individual’s own benefit when the services belonged to someone else.
The offense is prosecuted as a traditional theft offense with the severity of the criminal charge based mainly on the amount of value defrauded of the victim. The table below illustrates the sentencing guidelines for individuals found guilty of theft, which is based largely on the value of the property or services stolen or defrauded.
| THEFT CLASSIFICATION | MONETARY VALUE |
SENTENCING | FINE |
|---|---|---|---|
| Class C Misdemeanor |
Less than $100.00 |
Non Jailable |
Up to $500.00 |
| Class B Misdemeanor |
$100 - $750.00 |
Up to 180 Days County |
Up to $2,000.00 |
| Class A Misdemeanor |
$750.00 - $2,500.00 |
Up to 1 Year County |
Up to $4,000.00 |
| State Jail Felony |
$2,500.00 - $30K |
180D - 2YR State Jail |
Up to $10,000.00 |
| State Jail Felony (2 Prior Convictions) |
Any Value |
180D - 2YR State Jail |
Up to $10,000.00 |
| Felony: 3rd Degree |
$30k - $150,000.00 |
2-10 Years TDCJ | Up to $10,000.00 |
| Felony: 2nd Degree |
$150K - $300K |
2-20 Years TDCJ | Up to $10,000.00 |
| Felony: 1st Degree |
Over $300,000.00 |
5-99 Years TDCJ | Up to $10,000.00 |
Special Note: Criminal enhancements, or more severe criminal charges, may apply to individuals with a criminal history or habitual theft offenses.
Charged with Theft of Services in Texas?
Contact the Strauss Law Firm for Help, Today!
Since 2008, Attorney Brandon Strauss has provided excellent, effective, and affordable criminal defense counsel for individuals charged with both misdemeanor and felony criminal offenses. As a defense attorney, my goal is to get my clients’ cases dismissed without the need for a trial.
If we need to take a case to trial, we’re always prepared to articulate our defense in front of a jury. With over 5,000 case dismissals since 2008, we know a thing or two about defending people.
If you’re interested in discussing your defense options following criminal charges of theft of services or any other misdemeanor or felony offense in Houston or surrounding areas, contact the Strauss Law Firm today at 713-586-9200.
English
Spanish