Theft of services represents a distinct category of criminal offense in Texas, targeting situations where individuals intentionally avoid paying for services they’ve received. Unlike traditional theft of tangible property, this offense focuses on fraudulent attempts to obtain services without proper compensation. Texas Penal Code § 31.04 specifically addresses these violations, establishing clear definitions and penalties based on the monetary value involved. If you’re facing these charges, understanding the legal implications and securing experienced representation becomes crucial for protecting your rights and future.
What Is Theft of Services Under Texas Law?
Texas Penal Code § 31.04 defines theft of services as intentionally securing the performance of a service by deception or threat, or by securing performance of the service knowing that it was provided without effective consent of the service provider. The law covers a broad spectrum of services including labor, transportation, lodging, utilities, entertainment, professional services, and telecommunications.
The critical element prosecutors must prove is intent—specifically, the defendant’s intent to avoid payment for services rendered. This distinguishes theft of services from simple contract disputes or billing disagreements.
📋 Key Elements Required for Conviction
| Element | Legal Requirement |
|---|---|
| Intent | Deliberate plan to avoid payment |
| Services Received | Actual provision of labor, utilities, or professional services |
| Value | Monetary worth of services obtained |
| Deception/Threat | Use of false information or coercion |
For example, when someone books a hotel room knowing they cannot pay, or when an individual tampers with utility meters to avoid billing charges. These situations demonstrate the intent requirement that separates criminal behavior from honest mistakes or payment disputes.
The Texas Department of Public Safety maintains records showing that theft-related offenses, including theft of services, represent a significant portion of property crimes statewide, emphasizing the importance of understanding these laws.
Common Examples of Theft of Services
Restaurant and hospitality fraud represents the most frequently prosecuted theft of services cases in Texas. This includes “dine and dash” situations where customers consume meals and intentionally leave without payment, or checking into hotels with no intention or ability to pay.
Utility theft constitutes another major category, encompassing tampering with gas, electric, or water meters to receive services without proper billing. The Texas Utilities Commission reports that utility theft costs Texas consumers millions annually through increased rates.
Penalties for Theft of Services in Texas
Texas law establishes graduated penalties based on the monetary value of services obtained fraudulently. The punishment structure reflects the state’s approach to scaling consequences with the severity of the offense.
Penalty Structure by Value
| Value Range | Charge Level | Maximum Jail Time | Maximum Fine |
|---|---|---|---|
| Under $100 | Class C Misdemeanor | None | $500 |
| $100 – $749.99 | Class B Misdemeanor | 180 days | $2,000 |
| $750 – $2,499.99 | Class A Misdemeanor | 1 year | $4,000 |
| $2,500 – $29,999.99 | State Jail Felony | 2 years | $10,000 |
| $30,000 – $149,999.99 | Third-Degree Felony | 10 years | $10,000 |
| $150,000 – $299,999.99 | Second-Degree Felony | 20 years | $10,000 |
| $300,000+ | First-Degree Felony | 5 to 99 years or life | $10,000 |
Enhanced Penalties Apply When:
- Prior convictions exist for theft-related offenses, potentially elevating misdemeanor charges to felony level.
- Vulnerable victims are targeted, such as elderly individuals or those with disabilities, triggering enhanced punishment provisions.
- Multiple incidents are charged together, allowing prosecutors to aggregate values for higher-level offenses.
Beyond incarceration and fines, courts typically order full restitution to victims, covering the value of services obtained plus any additional costs incurred. This financial obligation persists even after completing jail time or probation.
According to Texas Criminal Justice statistics, theft of services convictions carry significant collateral consequences including difficulty obtaining employment, housing, and professional licenses, making aggressive defense representation essential.
Defending Against a Theft of Services Charge
Lack of criminal intent serves as the primary defense strategy in most theft of services cases. Successfully demonstrating that payment failure resulted from misunderstanding, financial hardship, or billing disputes rather than deliberate fraud can lead to charge dismissal or reduction.
Primary Defense Strategies
Insufficient evidence challenges focus on the prosecution’s burden to prove intent beyond reasonable doubt. Without clear evidence of deliberate deception, many cases fail to meet this high standard.
Mistaken identity defenses arise in cases involving utility tampering or unauthorized service connections where multiple individuals had access to the property or equipment.
Challenging Evidence and Procedures
- Documentation disputes often reveal billing errors, service interruptions, or quality issues that justify non-payment.
- Constitutional violations during investigation, such as unlawful searches or interrogations without Miranda warnings, can result in evidence suppression.
- Contract interpretation issues may demonstrate that alleged theft of services actually involves civil contract disputes rather than criminal conduct.
In one notable case, we defended a restaurant owner accused of utility theft. Investigation revealed the utility company’s own records showed inconsistent meter readings and billing errors spanning several months, leading to complete charge dismissal and utility company accountability.
Charged with Theft of Services?
Don’t face these serious charges alone. Contact our experienced criminal defense lawyer in Abilene or criminal defense lawyer in Lubbock at (325) 480-8100 for immediate legal guidance and protection of your rights.
What to Do If You’re Accused of Theft of Services
Immediate silence represents your most important right when facing theft of services accusations. Never provide statements to law enforcement without legal representation present, as these statements often become crucial prosecution evidence regardless of your innocent intentions.
Critical First Steps
- Document everything related to the alleged incident. Gather receipts, contracts, communication records, payment confirmations, and any evidence of service quality issues or billing disputes.
- Avoid contact with alleged victims or witnesses, as such communication can be misinterpreted as intimidation or admission of guilt. Allow your attorney to handle all communications regarding the case.
- Secure legal representation immediately. Early intervention by experienced criminal defense counsel can prevent charges from being filed or significantly improve case outcomes through pretrial negotiations.
How a Criminal Defense Attorney Can Help
- Case evaluation begins with comprehensive analysis of evidence, witness statements, and prosecution theories. Experienced attorneys identify weaknesses in the state’s case and develop targeted defense strategies.
- Pretrial advocacy includes filing motions to suppress illegally obtained evidence, challenging search warrants, and requesting dismissals based on insufficient evidence or procedural violations.
Strategic Defense Services
- Plea negotiations leverage case weaknesses to secure reduced charges, alternative sentencing options, or deferred adjudication agreements that avoid conviction records.
- Trial representation provides aggressive courtroom advocacy when cases proceed to trial.
- Restitution negotiations work to minimize financial obligations to victims while addressing their legitimate losses.
- Collateral consequences mitigation helps protect professional licenses, employment opportunities, and security clearances.
Experienced criminal defense attorneys understand local courts, prosecutors, and judges, enabling strategic approaches tailored to each jurisdiction’s practices across West Texas.
Expert Witness Utilization
In complex cases, experienced attorneys engage billing specialists to analyze service records and identify discrepancies, technical experts to evaluate utility tampering allegations, and contract specialists to interpret service agreements and payment terms.
Facing a Theft of Services Charge? Contact a Texas Criminal Defense Lawyer Today
Don’t let theft of services charges jeopardize your future. The experienced criminal defense team at Keith & Lorfing understands the complexities of Texas theft laws and the serious consequences you face. We’ve successfully defended countless clients across West Texas, achieving dismissals, acquittals, and favorable plea agreements that protect our clients’ rights and futures.
Early legal intervention can make the difference between conviction and case dismissal. Our attorneys immediately begin building your defense, challenging evidence, and negotiating with prosecutors to achieve the best possible outcome.
Call (325) 480-8100 today to schedule your confidential consultation with our experienced criminal defense lawyer in Abilene or criminal defense lawyer in Lubbock. We’re committed to fighting for your rights and protecting your future—because everyone deserves aggressive, experienced legal representation when facing criminal charges.
Remember: Every moment counts in criminal defense. Contact Keith & Lorfing today and let our West Texas tough approach work for you.
Frequently Asked Questions
Is theft of services a felony in Texas?
The charge level depends entirely on the value of services allegedly obtained fraudulently. Services valued under $2,500 result in misdemeanor charges, while values exceeding $2,500 trigger felony prosecution. However, prior theft convictions can elevate misdemeanor charges to felony level regardless of current case value.
State jail felony charges apply to theft of services valued between $2,500 and $30,000, carrying maximum punishment of two years in state jail and $10,000 fines.
Can I go to jail for theft of services in Texas?
Yes, jail time is possible for most theft of services convictions. Class C misdemeanors (under $100) carry no jail time but result in fines up to $500. Class B and A misdemeanors carry maximum sentences of 180 days and one year respectively, while felony convictions result in state prison sentences ranging from two years to life.
What is the statute of limitations for theft of services in Texas?
Five years applies to most theft of services charges in Texas, including both misdemeanor and felony levels. The limitation period begins when the offense occurs or when it’s discovered, whichever is later.
However, continuing offenses like ongoing utility theft may extend limitation periods, and tolling provisions pause the clock during periods when defendants are absent from Texas or avoiding prosecution.
Is not paying a contractor theft of services?
Not automatically. Simple breach of contract differs significantly from criminal theft of services. Prosecution requires proof that the defendant intended to defraud the contractor from the beginning of the relationship.
Legitimate disputes over work quality, completion, or contract terms typically remain civil matters. However, using false information to obtain services or deliberately concealing inability to pay may support criminal charges.
