Aggregate Theft in Texas | Houston Aggregate Theft Attorney

Aggregate theft is how Texas turns many small thefts into one big felony. When alleged thefts are part of a single scheme or continuing course of conduct, the State can combine their values and charge one offense based on the total — pushing a series of misdemeanor-sized amounts into felony territory, up to a first-degree felony. It is the engine behind most embezzlement, employee-theft, and long-running fraud cases, and its central requirement — a single continuing scheme — is very much contestable.

If you or a loved one is facing an aggregated theft case in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 31.09, when amounts are obtained in violation of the theft chapter "pursuant to one scheme or continuing course of conduct," the conduct may be considered one offense and the amounts aggregated in determining the grade of the offense. In practice, the State builds a spreadsheet of many transactions, adds them up, and charges the total. The dividing line — whether the acts really were one scheme — controls whether that is allowed.

Penalty Range

Aggregated total value	Offense Level	Punishment
$2,500 to less than $30,000	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
$30,000 to less than $150,000	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
$150,000 to less than $300,000	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
$300,000 or more	First-Degree Felony	5 – 99 years or life; up to $10,000 fine

A fiduciary, trust, or public-servant relationship can increase the offense one level above what the value alone requires.

How These Cases Are Defended

No single scheme. If the alleged acts were unrelated, aggregation is improper — and the case may fracture into smaller offenses or fall below a felony threshold.
Attacking the total. These totals are built from records that are frequently incomplete, double-counted, or based on assumptions. We demand and dissect them.
Transaction-by-transaction proof. The State must prove each amount it counts; every unproven transaction shrinks the total.
Intent. Authorization, mistake, and good-faith disputes negate the intent to steal.
Restitution, reduction, and diversion. Trimming the total or resolving the underlying loss can move the case to a lower grade or a non-conviction outcome.

Collateral Consequences

A felony theft conviction is a crime of dishonesty that can end careers and appear on every background check, with prison exposure and loss of firearm rights at the higher grades. Because so much rides on aggregation and the accuracy of the total, a rigorous defense can change the outcome dramatically.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how aggregated cases are built — and how they come apart. If you or a loved one is facing an aggregate theft charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is aggregate theft in Texas?

Under Texas Penal Code § 31.09, when amounts are stolen pursuant to one scheme or continuing course of conduct, the State may combine (aggregate) those amounts and charge them as a single theft based on the total value. This can turn a series of small thefts — each a misdemeanor on its own — into one felony charge.

Why does aggregation matter so much?

Because the offense level for theft is set by value, aggregating many small amounts into one large total can raise a case from a misdemeanor to a felony — even a first-degree felony at $300,000 or more. Aggregate theft is the tool prosecutors use in embezzlement, employee-theft, and fraud cases built from many transactions.

Can the State really combine separate thefts into one case?

Only if they were part of 'one scheme or continuing course of conduct.' That requirement is the central battleground. If the alleged acts were unrelated, or the State cannot prove they were part of a single ongoing plan, the aggregation fails and the case may drop to several smaller offenses — or the value may fall below a felony threshold.

What are the penalties for aggregate theft?

They follow the theft value ladder based on the aggregated total: state jail felony at $2,500 to less than $30,000; third-degree felony at $30,000 to less than $150,000; second-degree felony at $150,000 to less than $300,000; and first-degree felony at $300,000 or more. A fiduciary or public-servant relationship can raise the level further.

How is an aggregate theft case defended?

We attack whether the acts were truly one continuing scheme, dispute the total value and each transaction the State counts, challenge the records the total is built from (often incomplete or double-counted), and test intent. Defeating aggregation or trimming the total can move the case across felony lines or below them entirely.