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.
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 as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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.
How real THEFT PROP <$2,500 2/MORE PREV CONV cases ended
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
Related charges
- THEFT PROP >=$100<$750 § 31.03(e)(2)(a)
- 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 PROP <$100 W/PREV CONVIC § 31.03(e)(2)(b)
- 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 <$2,500 2/MORE PREV CONV?
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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.