The primary factor separating felony theft from misdemeanor theft in cases that do not involve weapons or bodily harm is the overall value of the assets. However, state prosecutors can also pursue felony charges in cases involving violence or specific types of protected property.
Texas state statutes designate certain types of property as grounds for felony theft charges regardless of their value. All three types of properties described below can be a reason for the state to pursue felony theft charges regardless of their fair market value.
1. Grave markers or contents
Grave robbing is no longer as much of a social issue as it once was. However, people may still sometimes steal from burial sites, including removing grave markers. Doing so is a felony offense regardless of the value of the resources taken.
2. Certain types of livestock
Livestock represents not just the investment to acquire the animal and keep it healthy, but also a source of future revenue. Therefore, the theft of livestock can cause substantial hardship for the owners. As such, the state allows for felony charges in scenarios where people face accusations of stealing exotic livestock, exotic fowl, cattle, horses, goats, sheep or swine.
3. Firearms
Firearm registration plays a critical role in limiting violent crime and solving crimes after they occur. Firearm theft contributes to the secondary market for unmarked and unregistered firearms. Regardless of the value of a firearm, its theft automatically warrants a felony charge.
Defendants facing felony theft charges may need help evaluating their circumstances and exploring different defense strategies. The insight of an attorney can help people develop defense strategies that may limit the penalties they face after a conviction.
