Theft From a Person is treated more seriously than ordinary theft because the property is taken directly from another person's body or grasp — for example, a phone, wallet, or purse. What makes this charge significant is that it is a felony regardless of the dollar value of what was taken.
What the Law Covers
Under Texas Penal Code § 31.03, theft is elevated to a state jail felony when the property is stolen directly from the person of another. Unlike most theft cases, the value does not determine the level — taking even an inexpensive item from a person is a felony.
Punishment Range
A state jail felony is punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000. Because it is a felony, a conviction carries lasting consequences for employment, housing, and firearm rights.
How These Cases Are Defended
Important issues include whether the property was actually taken from the person as the statute requires (as opposed to from a nearby table or bag), identity and mistaken identification, the intent to permanently deprive, and any unlawful search or arrest. The difference between theft from a person and ordinary theft can change the entire outcome of a case.
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.