FOCL Practice Test

What determines whether a theft is classified as a felony or misdemeanor under Texas law?

1. The type of property stolen

2. The amount of money stolen

3. The fair market value of the property stolen

4. The method of theft

The correct answer is: The fair market value of the property stolen

In Texas law, the classification of theft as either a felony or misdemeanor primarily hinges on the fair market value of the property that has been stolen. Specifically, if the value of the stolen property exceeds a certain threshold, the offense is categorized as a felony; otherwise, it may be classified as a misdemeanor. For instance, if the fair market value of the property is below a specific amount, it is generally considered a misdemeanor. However, as the value increases above these thresholds, the severity of the charge escalates accordingly, potentially leading to felony charges which carry much harsher penalties. This system highlights the importance of accurately determining the fair market value of stolen items when legal decisions are made concerning theft cases. Other factors, such as the type of property stolen or the method of theft, may influence the specifics of the charges or possible penalties but do not primarily determine the classification between felony and misdemeanor. Thus, focusing on fair market value is crucial for classifying theft offenses in Texas.