Theft of Service covers situations where a person obtains labor, professional service, or the use of property — such as a rental, a hotel stay, or contracting work — and intentionally avoids paying for it. These cases often arise from business or contract disputes that the State has decided to treat as crimes.
What the Law Covers
Theft of Service is defined in Texas Penal Code § 31.04. The State must prove that you intended to avoid payment for a service you knew was provided only for compensation, and that you secured the service by deception, threat, or false token, or that you failed to return leased property.
Punishment Range
Theft of Service follows the same value ladder as ordinary theft, based on the value of the service:
- under $100 — Class C misdemeanor
- $100 to $750 — Class B misdemeanor
- $750 to $2,500 — Class A misdemeanor
- $2,500 to $30,000 — state jail felony
- and higher-value cases rising through the felony levels.
How These Cases Are Defended
Many theft-of-service cases are really civil disputes. A strong defense focuses on the absence of criminal intent — a genuine billing dispute, a good-faith disagreement over the quality of work, or an inability (rather than refusal) to pay is not theft.
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.