THEFT PROP <$100 W/PREV CONVIC
Theft Property under $100 with Previous Conviction in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “THEFT PROP <$100 W/PREV CONVIC” means
Texas Penal Code § 31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of it. Theft of property worth less than $100 is ordinarily a Class C misdemeanor, the lowest grade. This variant, § 31.03(e)(2)(B), raises the charge to a Class B misdemeanor when the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft. The prior conviction is an element of the graded offense, so the State must prove both the new appropriation — taken without the owner's effective consent, or received knowing another stole it — and the earlier theft conviction. A single prior theft conviction of any grade suffices here; two or more prior theft convictions combined with a new theft under $2,500 instead trigger the separate state jail felony provision in § 31.03(e)(4)(D).
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| Class B misdemeanor | 100% | Up to 180 days in county jail | Fine up to $2,000 | Penal Code § 12.22 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for THEFT PROP <$100 W/PREV CONVIC in Texas
Across 7,178 Texas bail settings for this charge (42 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $1,500 (middle half: $750 – $3,000). 13% of defendants were released on a personal bond, and bail was denied in 151 cases. When this was the only charge at booking (2,767 records), the median was $1,000 and 25% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| El Paso | 938 | $2,000 | $1,000 – $2,500 | 9% | 1% |
| Tarrant | 780 | $750 | $500 – $1,500 | 6% | 1% |
| Harris | 706 | $1,000 | $500 – $2,500 | 63% | 0% |
| Bexar | 645 | $1,000 | $800 – $2,000 | 10% | 4% |
| Dallas | 291 | $1,000 | $500 – $2,000 | 1% | 1% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
What usually happens to a THEFT PROP <$100 W/PREV CONVIC charge
Of 1,873 THEFT PROP <$100 W/PREV CONVIC charges filed 2019–2023 across 13 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Rockwall, Williamson), 93% have reached a disposition:
How long it takes: the median THEFT PROP <$100 W/PREV CONVIC charge took 175 days from filing to disposition (middle half: 58 – 367 days, 1,873 charges).
| County | Disposed | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,182 | 66% | 0% | 34% | 162 |
| Dallas | 247 | 51% | 9% | 28% | 258 |
Outcome is the final disposition recorded on the charge. “Other” (28) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
Recent THEFT PROP <$100 W/PREV CONVIC cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 263381101010 | Harris | Aug 7, 2026 | Aug 24, 2026 | Dismissed by the prosecutor |
| 26-04865-3 | Williamson | Aug 18, 2026 | Aug 21, 2026 | Guilty or no-contest plea |
| M-25-34351 | Dallas | May 19, 2026 | Aug 14, 2026 | Dismissed by the prosecutor |
| M-26-58745 | Dallas | Aug 6, 2026 | Aug 10, 2026 | Guilty or no-contest plea |
| M-26-25000 | Dallas | Jun 25, 2026 | Aug 7, 2026 | Dismissed by the prosecutor |
| CR-2026-00428-C | Denton | Jan 23, 2026 | Aug 5, 2026 | Guilty or no-contest plea |
| 2026CR0023 | Comal | Jan 7, 2026 | Aug 5, 2026 | Guilty or no-contest plea |
| CR-2026-00645-E | Denton | Feb 6, 2026 | Aug 4, 2026 | Guilty or no-contest plea |
| CR-2026-01164-A | Denton | Mar 2, 2026 | Aug 4, 2026 | Guilty or no-contest plea |
| CR-2025-08037-D | Denton | Oct 2, 2025 | Aug 4, 2026 | Guilty or no-contest plea |
Related charges
- THEFT PROP >=$100<$750 § 31.03(e)(2)(a)
- THEFT PROP <$2,500 2/MORE PREV CONV § 31.03(e)(4)(d)
- THEFT PROP >=$2,500<$30K § 31.03(e)(4)(a)
- THEFT PROP >=$750<$2,500 § 31.03(e)(3)
- THEFT OF FIREARM § 31.03(e)(4)(c)
- THEFT PROP >=$30K<$150K § 31.03(e)(5)
- THEFT OF MATERIAL ALUM/BRNZ/COPPER/BRASS <$20K § 31.03(e)(4)(f)
- THEFT FROM PERSON § 31.03(e)(4)(b)
Charged with THEFT PROP <$100 W/PREV CONVIC?
Find Texas criminal defense attorneys with verified case histories in your county.
Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.