THEFT PROP <$100 W/PREV CONVICTexas Penal Code (PC) § 31.03(e)(2)(b)
“THEFT PROP <$100 W/PREV CONVIC” stands for Theft Property under $100 with Previous Conviction, a Class B misdemeanor under Texas Penal Code (PC) § 31.03(e)(2)(b). It is punishable by up to 180 days in county jail and a fine up to $2,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “THEFT PROP <$100 W/PREV CONVIC” mean?
“THEFT PROP <$100 W/PREV CONVIC” stands for Theft Property under $100 with Previous Conviction, a Class B misdemeanor under Texas PC § 31.03(e)(2)(b).
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).
What usually happens to a THEFT PROP <$100 W/PREV CONVIC charge?
56% ended without a conviction, 1% in deferred adjudication and 43% in a conviction.
How 1,683 resolved THEFT PROP <$100 W/PREV CONVIC charges filed 2019–2023 ended, across 13 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Rockwall, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,188 | 66% | 0% | 34% | 162 |
Outcome is the final disposition recorded on the charge. “Other” (5) 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.
How long does a THEFT PROP <$100 W/PREV CONVIC case take to resolve?
Typically about 5 months: half of resolved cases closed within 164 days of filing.
Across 1,683 resolved THEFT PROP <$100 W/PREV CONVIC charges filed 2019–2023, the median time from filing to disposition was 164 days. The middle half took between 57 and 344 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real THEFT PROP <$100 W/PREV CONVIC cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Theft Property under $100 with Previous Conviction in Texas?
Up to 180 days in county jail and a fine up to $2,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class B misdemeanor | 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.
How much is bail for THEFT PROP <$100 W/PREV CONVIC in Texas?
The median bail is $1,500, and 13% of defendants were released on a personal bond.
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.
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.