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Last Modified on Oct 02, 2026
The Lone Star State takes auto theft seriously, but many people wonder, “Is stealing a car always a felony in Texas?” The situation is a little more complicated than you might think. If you may be facing theft charges, contact Greco Neyland, PC. It’s also worth taking some time to understand the nuances of Texas car theft laws and penalties.
Types of Auto Theft
There are different forms of car theft recognized in Texas. Some are more serious than others. The types of charges you could face for stealing a car include:
- Unauthorized use of a vehicle: This crime refers to what is commonly known as joyriding. It occurs when a person takes someone else’s vehicle without permission but doesn’t have the intention of keeping it. The unauthorized use of a vehicle is a state jail felony in Texas, which means you could face between as much as two years and at least 180 days in a state jail.
- Robbery: Carjacking is considered robbery in Texas, which is more serious than simple theft. This occurs if you steal a car from someone by using threats of force or actual violence. If nobody is seriously injured, the punishment for robbery is two to 20 years in prison. If someone is seriously injured or you used a weapon, you could spend five years to life in prison.
When Is Stealing a Car Not a Felony?
Over 65,000 cars and trucks are stolen in Texas each year, and most of those thefts are tried as felonies. However, there is an exception to the rule. Because auto theft is tried as simple theft in the absence of force or threats of force, the theft of a car that is worth $2,500 or less is a Class A misdemeanor under Texas Penal Code Chapter 31. Under this same law, theft penalties increase as the vehicle’s value increases.
If you steal a car that is worth $30,000 to $150,000, it is considered a felony in the third degree. The theft of a car that is worth $150,000 or more is generally a felony in the second degree. Aggravating factors can increase the level of your charges. They can include:
- Use of a weapon
- Stealing from someone over the age of 65
- Committing a theft while working as a public servant
- Having a prior criminal record
- Being part of an organized crime group
You could face either higher levels of felony charges or longer sentences if these factors were present, even if you would otherwise have been charged with a misdemeanor.
Hire a Theft Lawyer Today
If you’ve been accused of felony theft, you should hire a theft lawyer right away. Your Texas theft attorney can find weaknesses in the prosecution’s case against you. They can also develop a defense strategy to protect your freedom and reputation in court.
The team here at Greco Neyland, PC, can defend you. Our team includes founding attorneys Jeff Greco and Dustan Neyland, both of whom have experience as former Assistant District Attorneys. This experience gives them a unique perspective and knowledge of the local court systems here in the Lone Star State. You can trust us to handle your car theft case. Contact us to schedule an initial consultation today.