By Jeff Kennedy
Being charged with auto theft in Texas is a felony offense, which can lead to serious jail time, fines and a criminal record.
Grand Theft Auto is a commonly used term in the United States, but Texas law does not have a specific law for this type of theft. Instead, various Texas laws may apply to auto theft and the variables surrounding the case.
How Serious Is Automobile Theft In Fort Worth & Tarrant County?
Majority of car thefts will be felony charges. This is because Texas law classifies theft charges based on the value of the property stolen, and most vehicles will fall under a felony.
In recent years, Fort Worth law has seen an increase in automobile theft, which has caused law enforcement to increase their efforts in combatting automobile theft. As a result, judges and prosecutors are less likely to show leniency in these types of cases.
If you are facing auto theft charges, you need a skilled and experienced criminal defense attorney who knows how to fight automobile theft charges in Fort Worth and Tarrant County court systems.
Call or email us to schedule a free case review with Jeff C.Kennedy
Automobile Theft Laws in Texas Sec. 31.03
In Texas auto theft falls under the general theft statute located here Section 31.03 of the Texas Penal Code.
Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
- (b) Appropriation of property is unlawful if:
- (1) it is without the owner’s effective consent;
- (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or
- (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.
Simply put, you can be charged with theft if you take ownership of property that is not yours, without the intention of giving it back. Another scenario is taking ownership of stolen property knowingly.
Here are some scenarios where you can be charged with theft:
- Taking ownership of a vehicle that is not yours;
- Operating a vehicle without the owners consent;
- Have taken ownership of a vehicle without transferring the title to your name;
- Borrow or rent a car without returning it;
- Purchase a vehicle that is stolen (knowingly);
Automobile Theft Penalties in Texas
The level of offense is based upon the vehicles values. Since most vehicles are valued over $2,500.00, you are most likely facing a felony charge.
| Value | Offense Level | Potential Jail or Prison Time | Fine |
| $100 or less | Class C Misdemeanor | No Jail Time | Up to $500 |
| $100 – $749 | Class B Misdemeanor | Up to 180 Days | Up to $2,000 |
| $750 – $2,499 | Class A Misdemeanor | Up To 1 Year | Up to $4,000 |
| $2,500 – $29,999 | State Jail Felony | 180 Days – 2 Years | Up to $10,000 |
| $30,000 – $149,999 | Third-Degree Felony | 2-10 Years | Up to $10,000 |
| $150,000 to $299,999 | Second-Degree Felony | 2-20 Years | Up to $10,000 |
| $300,000 or more | First-Degree Felony | 5-99 years | Up to $10,000 |
Other Theft Charges That May Apply
Depending on the details of your case, you can be charged with either unauthorized use of a motor vehicle (boat or aircraft ) or automobile theft.
- Unauthorized Use of Motor Vehicle: For UUMV charges the state does not have to prove you intended to keep the motor vehicle. With theft they have to prove you intended to keep the motor vehicle.
- Unauthorized Use of a Vehicle is considered a State Jail Felony and carries a possible penalty of 180 days to 2 years in State Jail Prison and fines of up to $10,000.
- Robbery: In Texas the term “car jacking” falls under Robbery. This is a crime where the vehicle was taken by the owner with force or while threatening to use force.
- These are charged from misdemeanor to felony, but they are usually charged as a second-degree felony due the violence involved while forcefully taking the vehicle.
We Can Help You Avoid A Felony Conviction
There are many consequences of a conviction—spending time in prison is only one of them. Your entire life can be turned upside down if you are convicted of a felony. If you have been charged, we can provide you with a free consultation and case review. Just give us a call today to get started.
During your consultation we will answer your questions, discuss your options and what to expect from the court system, including how we can build a defense for you.
Recent Tarrant County Case Result
Listed below are recent Unauthorized Use of a Motor Vehicle cases in Tarrant County in which the criminal defense lawyers at the Law Offices of Jeff C. Kennedy, PLLC have obtained favorable results for our clients.
Please note that these results are not indicative of a guaranteed result as every criminal case is unique and requires individual evaluation.
State of Texas v. C.F.A.
Offense: Unauthorized Use of a Motor Vehicle
Court: Criminal District Court 4, Tarrant County
Result: Case DISMISSED