A theft of services allegation is typically an accusation that a person received some sort of service without paying for it. This can range from roofing work to entering a contract to pay for services or products. It is also the charge that prosecutors use when a person has taken internet, cable, or electricity without payment.

Texas Penal Code 31.04 provides that a person commits theft of service if they secure the performance of a service by threat or deception with the intent to avoid payment for the service.

This also includes theft of personal property that was obtained through a written rental agreement.

Theft of Services Statutory Defense

A defense is available if the service provider accepted a post-dated check but then presented the check before the agreed date. There are many other defenses that may apply that are not statutory defenses.

Theft of Services Offense Levels

The level of offense is set out below:

under $100Class C Misdemeanor$500 fine
100750Class B Misdemeanor Up to 180 days in jail
7502500Class A MisdemeanorUp to 1 year in jail
250030000State Jail Felony180 days - 2 years state jail
30000150000Third Degree Felony2-10 years in prison
150000300000Second Degree Felony2-20 years in prison
300000+First Degree Felony5-99 years or life

Contact us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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