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

THEFT PROP <$2,500 2/MORE PREV CONVTexas Penal Code (PC) § 31.03(e)(4)(d)

“THEFT PROP <$2,500 2/MORE PREV CONV” stands for Theft Under $2,500 with 2 or More Prior Theft Convictions, a state jail felony under Texas Penal Code (PC) § 31.03(e)(4)(d). It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

31%
Not convicted
161 days
Median time to resolve
$5,000
Median bail

What does “THEFT PROP <$2,500 2/MORE PREV CONV” mean?

“THEFT PROP <$2,500 2/MORE PREV CONV” stands for Theft Under $2,500 with 2 or More Prior Theft Convictions, a state jail felony under Texas PC § 31.03(e)(4)(d).

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.

What usually happens to a THEFT PROP <$2,500 2/MORE PREV CONV charge?

31% ended without a conviction, 4% in deferred adjudication and 65% in a conviction.

How 7,644 resolved THEFT PROP <$2,500 2/MORE PREV CONV charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

31%
Not convicted (2,348)
Dismissed by the prosecutor16%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge1%
Dismissed — refiled or handled in another case13%
No-billed by the grand jury0%
4%
Deferred adjudication (308)
Deferred adjudication4%
65%
Convicted (4,946)
Guilty or no-contest plea63%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris4,750 38%3%58% 166
Brazoria547 12%6%81% 196
Dallas537 32%19%49% 78
Galveston497 14%3%83% 163
Montgomery467 19%0%81% 106
Hays362 19%5%76% 373
Williamson176 19%3%78% 236
Rockwall162 5%6%89% 134

Outcome is the final disposition recorded on the charge. “Other” (42) 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 <$2,500 2/MORE PREV CONV case take to resolve?

Typically about 5 months: half of resolved cases closed within 161 days of filing.

Across 7,639 resolved THEFT PROP <$2,500 2/MORE PREV CONV charges filed 2019–2023, the median time from filing to disposition was 161 days. The middle half took between 68 and 334 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real THEFT PROP <$2,500 2/MORE PREV CONV 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

196940601010 · Harris County
Filed Jun 22, 2026 → Dismissed by the prosecutor Aug 28, 2026 (2 months)
DISMISSED
26-03026-5 · Williamson County
Filed May 19, 2026 → Dismissed by the prosecutor Aug 13, 2026 (3 months)
Dismissed - Other
106703-CR · Brazoria County
Filed Jun 18, 2026 → Dismissed by the prosecutor Jul 13, 2026 (1 month)
Dismissed
F-26-53229 · Dallas County
Filed Apr 15, 2026 → Dismissed by the prosecutor Jul 8, 2026 (3 months)
DISMISSAL - DA

Deferred adjudication

196341901010 · Harris County
Filed May 9, 2026 → Deferred adjudication Aug 23, 2026 (3 months)
105388-CR · Brazoria County
Filed Jan 8, 2026 → Deferred adjudication Jul 14, 2026 (6 months) · plea: guilty
CSCD 3 Years with Community Service of 120 Hours
F-26-24256 · Dallas County
Filed May 8, 2026 → Deferred adjudication May 27, 2026 (1 month) · plea: guilty
NAOG - NON-AJUDICATION OF GUILT (AGREED PLEA)
24-1805-K368 · Williamson County
Filed Sep 10, 2024 → Deferred adjudication May 12, 2026 (20 months) · plea: guilty
CSCD 3 Years

Ended in a conviction

24-1242-K26 · Williamson County
Filed Jul 1, 2024 → Guilty or no-contest plea Aug 25, 2026 (26 months) · plea: guilty
Confinement to Commence 08/25/2026 4 Years , Texas Dept. Of Criminal Justice, Texas Department of Corrections Jail Credit 323 Days
F-26-24649 · Dallas County
Filed Jul 29, 2026 → Guilty or no-contest plea Aug 17, 2026 (1 month) · plea: guilty
PGBC - AGREED PLEA OF GUILTY BEFORE THE COURT
100183-CR · Brazoria County
Filed Feb 8, 2024 → Guilty or no-contest plea Jul 21, 2026 (29 months) · plea: guilty
Confinement to Commence 07/21/2026 9 Months , State Jail, Texas Department of Criminal Justice Jail Credit 69 Days Concurrent with Prior Sentence
CR-24-4587-B · Hays County
Filed Dec 11, 2024 → Guilty or no-contest plea Jul 9, 2026 (19 months) · plea: guilty
Confinement to Commence 07/09/2026 8 Years , Institutional Division, Department of Corrections Jail Credit 196 Days Concurrent with Prior Sentence

What is the punishment for Theft Under $2,500 with 2 or More Prior Theft Convictions in Texas?

180 days to 2 years in a state jail and a fine up to $10,000.

Charged asPossible confinementFineSource
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.

How much is bail for THEFT PROP <$2,500 2/MORE PREV CONV in Texas?

The median bail is $5,000, and 6% of defendants were released on a personal bond.

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.

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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.