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Class B misdemeanor of theft, what are the possible outcomes?

El Paso, TX |
Attorney answers 3


An individual adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and confinement. Tex. Penal Code Section 12.22.

As to community supervision, to stay out of jail, Class B misdemeanor punishment is up to 2 years community supervision or deferred adjudication. Court can extend the community supervision 3 additional years and an additional 2 years beyond that 3, if you do not pay a fine, cost or restitution. Plus, up to 30 days in jail as condition of probation. CCP 42.12 3(c), 5(a), 22(c) and 12(a), respectively.

I doubt the DEA (Drug Enforcement Agency) is involved in a misdemeanor case, but the prosecutor has a lot of leverage. I've many times obtained for my client 1 day time served if they'll just plead guilty, a reduction to a Class C misdemeanor or a dismissal... depending on the facts.

Last option, go to trial and get a not-guilty verdict, then an expunction from your record.

All this depends on how much evidence they have against you. One person's testimony may be enough for a conviction even if they lie and the jury believes them. Consult with an attorney, they can get access to the State's files and see what evidence the State has or can obtain. Remember, just because the State doesn't have it now doesn't mean they cannot get it. Sometimes the ADA will offer a sweet deal to get the case off the books if it looks like a weak case that will require a lot of work and YOU don't have a previous juvenile or criminal record.


You would not want to be trading off with the Drug Enforcement Agency on a class B misdemeanor case. It carries up to 6 months in jail & up to a $2,000 fine. You could also possibly work out a deal for pre-trial diversion or deferred adjudication probation, depending on your criminal record.

Hire a lawyer to help you. Theft is a crime of moral turpitude and can be used against you far into the future. A lawyer can help you keep your record clear and clean.

Don't talk to the DEA about a situation like this. Not worth the potential problems.


I would echo the previous answers and if you would like to do some further reading the section of the Texas Penal Code dealing with theft can be found here:
and the section dealing with punishment can be found here:
good luck and I agree, you should speak with a lawyer.