What Happens if You Are Accused of Receiving Stolen Property in Texas?

 Posted on March 06, 2026 in Criminal Defense

If you've been accused of receiving stolen property in Texas, you could be facing a theft charge, even if you never stole anything yourself. That surprises a lot of people, but Texas law is written broadly enough to cover anyone who knowingly possesses or accepts stolen goods. Our Midland, TX theft defense lawyers can walk you through exactly what the charge means, what the state has to prove, and what your options are.

Is Receiving Stolen Property a Separate Crime in Texas?

Texas doesn't have a standalone charge called "receiving stolen property." Instead, it's prosecuted under Texas Penal Code § 31.03, which defines theft broadly enough to cover it.

Under that statute, you can be charged with theft simply for possessing property that turned out to be stolen, even if you had nothing to do with the original theft. If you accepted a gift, made what seemed like a legitimate purchase, or held onto something without knowing the full story, you could still find yourself facing charges.

What Does the Prosecution Have To Prove in a TX Theft Case?

To convict you, the prosecution has to prove that the property was actually stolen and that you knew it was stolen when you took possession of it. That second part, knowledge, is the critical element. Simply having stolen property in your hands isn't enough on its own.

The state has to show you were aware of its stolen status. That's why context matters. Where did you get it? What did you pay for it? Did anything about the situation suggest it was stolen? These are the kinds of questions that shape how the case unfolds.

Can the State Presume You Knew the Property Was Stolen?

Yes, in some situations. Texas law creates a legal presumption against people who buy or accept secondhand goods in a business setting. Texas law creates a legal presumption that a secondhand dealer knows goods are stolen if certain recordkeeping requirements aren't met.

If a dealer pays $25 or more for an item and fails to record the seller's name and address, that alone can trigger the presumption. The same is true if the dealer doesn't document a description of the property, including any serial number. And if the dealer never obtains a signed statement from the seller confirming they have the right to sell the item, the law treats that as knowledge the goods were stolen.

This presumption doesn't automatically mean you're guilty, but it does shift the burden in a way that makes your defense more complicated if you can't show you took proper steps.

What Are the Penalties for Theft in Texas?

The punishment depends entirely on the value of the property involved. Texas Penal Code § 31.03 sets the following ranges:

• Less than $100: Class C misdemeanor, fine up to $500
• $100 to $749: Class B misdemeanor, up to 180 days in jail and a $2,000 fine
• $750 to $2,499: Class A misdemeanor, up to one year in jail and a $4,000 fine
• $2,500 to $29,999: State jail felony, 180 days to two years in state jail
• $30,000 to $149,999: Third-degree felony, two to 10 years in prison
• $150,000 to $299,999: Second-degree felony, two to 20 years in prison
• $300,000 or more: First-degree felony, five to 99 years in prison

A prior theft conviction can also bump the charge up a level, even if the current offense would otherwise be lower. As of 2026, these penalty ranges remain in effect under Texas law.

What Defenses Are Available for Texas Theft Charges?

The most common defense is lack of knowledge, meaning you genuinely didn't know the property was stolen. Maybe you bought something from a friend, an online marketplace listing, or a garage sale with no reason to suspect anything was wrong. The defense focuses on what you knew or reasonably should have known at the time.

Other defenses include challenging whether the property was actually stolen in the first place, questioning the reliability of witness testimony, or arguing that law enforcement violated your rights during the search or arrest. The facts of how the property came into your possession matter a great deal, and a defense attorney will go through all of it carefully.

Schedule a Free Consultation With Our Austin, TX Theft Defense Attorneys

A theft charge in Texas, even one based on property you didn't steal, can follow you for years. At Morales Law Office, Attorneys at Law, PLLC., we have been defending individuals across Texas since 1996. Those decades of experience make a real difference when it comes to understanding how local prosecutors build these cases and where the weaknesses are.

If you or someone you know has been accused of receiving stolen property, call our Midland, TX theft defense lawyers today at 512-474-2222 to schedule a free consultation.