For theft and fraud related offenses under Chapter 31 and 32 of the Texas Penal Code, the level of the offense is dependent upon the dollar amount involved in the crime. The fraud value ladder is as follows:
- Class C Misdemeanor- Under $50
- Class B Misdemeanor-$50-$499
- Class A Misdemeanor-$500-$1,499
- State Jail Felony-$1,500-$19,999
- Third Degree Felony-$20,000-$99,999
- Second Degree Felony-$100,000-$199,000
- First Degree Felony-$200,000 or greater.
The degree of the offense then determines the range of punishment that a defendant can receive for a crime. The punishment range is as follows:
- Class C Misdemeanor—Fine not to exceed $500
- Class B Misdemeanor—Fine not to exceed $2,000; Confinement not to exceed 180 days in county jail; Up to 2 years of probation
- Class A Misdemeanor—Fine not to exceed $4,000; Confinement not to exceed 1 year in county jail; Up to 2 years’ probation
- State Jail Felony—Optional fine not to exceed $10,000; Confinement for 180 days up to 2 years in state jail facility; Up to 5 years’ probation
- Third Degree Felony—Optional fine not to exceed $10,000; Confinement for a term of 2 to 10 years in prison; Up to 10 years of probation
- Second Degree Felony—Optional fine not to exceed $10,000; Confinement for a term of 2 to 20 years in prison; Up to 10 years’ probation
- First Degree Felony—Optional fine not to exceed $10,000; Confinement for a term of 5 to 99 years or life in prison; Up to 10 years’ probation.
Chapters 31 and 32 of the Penal Code provides an “elderly enhancement”. An elderly individual is a person who is 65 years of age or older. The elderly enhancement provides that if the victim of the crime is elderly, the level of the offense is enhanced by one degree, subjecting the defendant to the next higher level punishment range. For instance, if an individual steals $450 from an elderly individual, he or she will be subject to a Class A misdemeanor, which could result in a fine not to exceed $4,000, confinement not to exceed 1 year in county jail, and up to 2 years of probation.