Houston, TX asked in Criminal Law for Texas

Q: What does the term theft 2500/2 more prevs/ convs means

How much jail time can you get from stealing merchandise at Wal-Mart.

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: My best educated guess is it refers to theft of at least $2,500, with enhancement by two prior convictions. The Texas Penal Code Section 31.03 lists theft greater than $2,500 as follows:

(e) Except as provided by Subsection (f), an offense under this section is:

(1) a Class C misdemeanor if the value of the property stolen is less than $100;

(2) a Class B misdemeanor if:

(A) the value of the property stolen is $100 or more but less than $750;

(B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or

...

(3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500;

(4) a state jail felony if:

(A) the value of the property stolen is $2,500 or more but less than $30,000, ...;

(C) the property stolen is a firearm, as defined by Section 46.01;

(D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft;...

So you may be looking at a SJF even if the value was less than $2,500 IF THERE ARE TWO PREVIOUS CONVICTION FOR THEFT IN ANY AMOUNT.

A SJF has a sentence of 6 months to 2 years with a fine. A class A misdemeanor is a fine and up to 1 year in jail (basically 6 months maximum because people are given 2 days for each day served).

I hope this answers your question.

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