Aggregate theft is not a separate crime so much as a powerful charging tool. It allows the State to add together the value of multiple separate thefts — when they are part of one continuing scheme or course of conduct — and charge them as a single offense at a much higher level.
What the Law Covers
Texas Penal Code § 31.09 provides that when amounts are obtained in violation of the theft statute pursuant to one scheme or continuing course of conduct, the conduct may be considered one offense and the amounts aggregated to determine the grade of the offense.
Why It Matters
Aggregation can turn a series of small misdemeanors into a single felony. For example, several modest takings that would each be a misdemeanor can combine into a state jail or higher-level felony based on the total. This is common in employee-theft and ongoing-fraud cases.
How These Cases Are Defended
A strong defense challenges whether the alleged acts truly form one scheme, whether each underlying transaction was actually a theft, and whether the aggregated total is accurate. Breaking the aggregation apart can dramatically reduce the level of the charge or the exposure a client faces.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.