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 $100||Class C Misdemeanor||$500 fine|
|100||750||Class B Misdemeanor||Up to 180 days in jail|
|750||2500||Class A Misdemeanor||Up to 1 year in jail|
|2500||30000||State Jail Felony||180 days - 2 years state jail|
|30000||150000||Third Degree Felony||2-10 years in prison|
|150000||300000||Second Degree Felony||2-20 years in prison|
|300000+||First Degree Felony||5-99 years or life|
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.
You can also contact us online: