Penal Code § 31.03(e)(4)(d) · State jail felony

THEFT PROP <$2,500 2/MORE PREV CONV

Theft Property under $2,500 2/MORE Previous Conviction in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$5,000
Median cash bail
6%
Released on personal bond
55,983
Bail records

What “THEFT PROP <$2,500 2/MORE PREV CONV” means

Texas Penal Code § 31.03 makes it an offense to unlawfully appropriate property with intent to deprive the owner of it — taking property without the owner's effective consent or appropriating property the actor knows was stolen by another. Section 31.03(e)(4)(D) grades the offense as a state jail felony when the value of the property stolen is less than $2,500 and the defendant has previously been convicted two or more times of any grade of theft. The two prior theft convictions are elements the State must prove alongside the new appropriation; without them, theft in this value range would be no higher than a Class A misdemeanor. In practice this provision reaches repeat shoplifting: even very low-value theft becomes a felony on the third case. It differs from § 31.03(e)(2)(B), which raises theft under $100 to a Class B misdemeanor based on a single prior conviction.

Charged asShare of bail recordsPossible confinementFineSource
State jail felony100% 180 days to 2 years in a state jail Fine up to $10,000 Penal Code § 12.35

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Bail for THEFT PROP <$2,500 2/MORE PREV CONV in Texas

Across 55,983 Texas bail settings for this charge (90 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $2,500 – $10,000). 6% of defendants were released on a personal bond, and bail was denied in 4,259 cases. When this was the only charge at booking (16,660 records), the median was $5,000 and 13% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 9,324 $2,500 $1,500 – $5,000 0% 5%
Dallas 5,619 $7,500 $3,000 – $15,000 1% 4%
Bexar 5,560 $5,000 $2,500 – $5,000 4% 10%
El Paso 3,349 $5,000 $2,500 – $10,000 4% 16%
Travis 3,311 $5,000 $3,000 – $7,500 12% 3%

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.

Recent THEFT PROP <$2,500 2/MORE PREV CONV cases

CaseCountyFiledDisposedOutcome
196991301010HarrisJun 25, 2026Aug 28, 2026Dismissed by the prosecutor
196940601010HarrisJun 22, 2026Aug 28, 2026Dismissed by the prosecutor
197473801010HarrisAug 1, 2026Aug 28, 2026Dismissed by the prosecutor
196773501010HarrisJun 10, 2026Aug 28, 2026Dismissed by the prosecutor
197023901010HarrisJun 27, 2026Aug 28, 2026Dismissed by the prosecutor
197507001010HarrisAug 3, 2026Aug 28, 2026Dismissed by the prosecutor
197656001010HarrisAug 14, 2026Aug 28, 2026Dismissed by the prosecutor
196987201010HarrisJun 25, 2026Aug 28, 2026Dismissed by the prosecutor
196633301010HarrisMay 30, 2026Aug 28, 2026Dismissed by the prosecutor
196669401010HarrisJun 2, 2026Aug 28, 2026Dismissed by the prosecutor

Related charges

Charged with THEFT PROP <$2,500 2/MORE PREV CONV?

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Bail 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.