How To File Theft Of Services In Texas

Texas Theft of Services Lawyers

What is "Theft of Services"?

Theft of services occurs when a person obtains services through unlawful means. Such as knowingly entering into an agreement for those services with no intent to pay for them or using threats or force to obtain them.

How is Theft of Service Defined in Texas?

In Texas, a person is guilty of theft of services if they have the intent to avoid paying for a service that they know is only given for compensation.

What Does the Prosecutor have to Establish to Convict Me of this Charge?

The prosecutor needs to establish that the defendant:

Knowingly or intentionally obtained performance of services by threat, deception, of false means;
Knowingly controlled and diverted the services to their benefit;
Had control of another person's personal property from a rental agreement, but held the property beyond the rental period and deprived the owner of full use; or
Knowingly or intentionally securing service by agreeing to pay, then failing to pay after the service was rendered.

What Does It Mean to "Avoid Payment" in Texas?

Avoiding payment applies when the defendant:

Left without paying for services or expressly refused to pay for any service;
Failing to return rental property;
Returning property obtained under a rental agreement after the agreement expired, and failing to pay any rental charge within 10 days of receiving a demand payment notice; or
Failing to make a payment within 10 days of receiving a notice to pay demand notice.

Are There Defenses I Can Use to Fight this Theft Charge?

Yes. Defenses include giving a post-dated check for the service. But partial payment is not a complete defense against this charge.

What's the Punishment for Theft of Service?

Punishment depends on the amount of service stolen. So penalties can range from a class C misdemeanor (service valued at less than $20) to a felony of the first degree (service valued at more than $200,000).

Can a Lawyer Help Me with My Theft Charge?

Yes, contact a Texas criminal lawyer immediately for help with you case.

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Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, medical malpractice, slip and fall), Entertainment (recording contracts, copyright and trademark registration, licensing agreements), Employment Law (wage claims, discrimination, sexual harassment), Commercial Law and Contracts (breach of contract, drafting contracts), and San Francisco Bankruptcy (chapter 7 personal bankruptcies). Ken holds a J.D. from Golden Gate University School of Law, and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law before the State Bar of California, and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, San Francisco Bar Association, and the California Lawyers for the Arts.

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Last Updated: Jun 24, 2018

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