Criminal vs Civil Theft of Services

In February, a luxury homebuilder in Williamson County was charged with fraud for using his clients’ money for personal purchases. Norman Ashby owns Ashby Signature Homes, in which he collected over $10 million and used it on other projects and personal purchases unrelated to his client’s deposit when the money is legally required to be put into a trust account. He was arrested and charged with felony theft of services under the Texas Penal Code § 31.0 (a)2 by Texas Attorney General Ken Paxton.

But what is theft of services, exactly?

In Texas, you can be criminally charged with theft of service if you agree to make a payment for a service and then refuse to pay. You can also be criminally charged if you are paid for a service and you misuse the funds that were given to you.

What is Criminal Theft of Services?

Texas Penal Code § 31.04 defines theft of services as intentionally taking services from someone else and failing to provide just compensation.

While many of these cases are handled in civil or small-claims court, repeat offenses and serious cases like Ashby warrant a government response.

These criminal cases are prosecuted by state officials such as a District Attorney or an Attorney General of the state. The penalties of these cases usually result in fines and/or jail time.

The following are some common (and uncommon) examples of theft of service:

• “Dine and Dashing” – one of the most common reasons people are charged with theft of services is for leaving a meal without paying. This applies to bars as well, as leaving without settling your tab can be considered theft.
• Reservation fraud – providing a fake ID or credit card to a hotel, or charging back the payment, after staying the night is criminal under state law.
• Taxi fare – if you take a taxi or any other ride-share service, you are obligated to settle the bill.
• Other examples – Other examples of stealing services include stealing cable, using someone else’s wifi without permission, or failing to settle your bill with a professional services vendor.

Penalties for Criminal Theft of Services

Class C Misdemeanor:

• Value of Services Stolen: Less than $100.
• Punishment: Fine of up to $500.

Class B Misdemeanor:

• Value of Services Stolen: $100 or more but less than $750.
• Punishment: Up to 180 days in jail and/or a fine of up to $2,000.

Class A Misdemeanor:

• Value of Services Stolen: $750 or more but less than $2,500.
• Punishment: Up to 1 year in jail and/or a fine of up to $4,000.

State Jail Felony:

• Value of Services Stolen: $2,500 or more but less than $30,000.
• Punishment: 180 days to 2 years in a state jail facility and a fine of up to $10,000.

Third-Degree Felony:

• Value of Services Stolen: $30,000 or more but less than $150,000.
• Punishment: 2 to 10 years in prison and a fine of up to $10,000.

Second-Degree Felony

• Value of Services Stolen: $150,000 or more but less than $300,000.
• Punishment: 2 to 20 years in prison and a fine of up to $10,000.

First-Degree Felony:

• Value of Services Stolen: $300,000 or more.
• Punishment: 5 to 99 years or life in prison and a fine of up to $10,000.

Price & Twine, PLLC | Georgetown Texas Criminal Defense Attorney

If you or a loved one is charged with a criminal theft of services charge, contact Price & Twine, PLLC today for a consultation about your alleged crime throughout Williamson County in Texas. Michael J. Price is an experienced Georgetown criminal defense lawyer who will make every effort to fight the accusations against you and help you achieve the most desirable outcome for your particular situation.

Contact Price & Twine, PLLC at (512) 354-1880 for a consultation about your alleged property offense throughout Williamson County and Bell County in Texas.