If you’re convicted of a white-collar crime in Texas, the dollar amounts involved can not only determine the charge level but also your potential sentence. In other words, if you’re accused of an illicit activity like embezzlement, banking fraud, or mortgage fraud, how much you allegedly stole or misappropriated has a direct impact on the penalties you could face.
Texas law uses a tiered, value-based system to classify theft, fraud, and related offenses. This means that a single dollar can separate a misdemeanor from a felony. Crossing certain thresholds can push a sentence from county jail time into state prison territory. Even a small increase in the alleged value can trigger a different charge classification entirely. In this guide, we’ll explain how these rules work in practice.
What Counts as a White Collar Crime in Texas?

White collar crimes in Texas usually involve deception, theft, or fraud carried out for financial gain. The most common charges include theft under Texas Penal Code § 31.03, fraud-related crimes such as tax evasion, insurance fraud, antitrust violations, intellectual property theft, money laundering offenses, insider trading, and securities fraud.
Embezzlement, for example, is prosecuted under Texas theft statutes rather than as a standalone charge. That means the same value-based thresholds that apply to a straightforward theft case also apply when someone is accused of misappropriating funds from an employer.
That approach runs through all Texas white-collar crimes. A criminal case involving $500 and one involving $500,000 are charged and sentenced very differently, even if the underlying conduct is similar. In short, the dollar amount attached to an allegation can be the difference between a misdemeanor conviction and years in a state prison.
Texas Theft and Fraud Penalty Scale by Dollar Amount
- Under $100: Offenses involving less than $100 are classified as Class C misdemeanors. The lowest charge level in Texas they don’t involve jail time, but you could be ordered to pay a fine of up to $500.
- $100 to $749: At this level, the charge becomes a Class B misdemeanor. A conviction can result in up to 180 days in county jail and a fine of up to $2,000. What looks like a minor charge at this level can still leave you with a criminal record.
- $750 to $2,499: This range triggers a Class A misdemeanor charge, which is the highest misdemeanor classification in Texas. A conviction is punishable by up to one year in county jail and a fine of up to $4,000.
- $2,500 to $29,999: Once the alleged amount reaches $2,500, the charge becomes a state jail felony. The sentencing range runs from 180 days to two years in a state jail facility, with fines of up to $10,000 being possible.
- $30,000 to $149,999: This range elevates the charge to a third-degree felony. A conviction carries two to ten years in prison and fines of up to $10,000. At this offense level, you’re looking at a prison sentence, not county jail time.
- $150,000 to $299,999: A second-degree felony applies when the alleged amount falls in this range. The sentencing options include two to twenty years in prison, with fines of up to $10,000.
- $300,000 and Above: At $300,000 or more, the charge becomes a first-degree felony, which is the most serious classification in Texas short of capital offenses. A conviction carries five to 99 years or life in prison, along with fines of up to $10,000. Depending on how the prosecutor charges the case, there could be a minimum sentence of fifteen (15) years in prison and that time could be treated as ‘aggravated’ which can double the amount of time required to be served before someone is eligible for parole. Cases at this offense level are prosecuted aggressively and need an equally determined defense.
Aggregation: How Multiple Transactions Can Increase Charges
Texas prosecutors don’t have to treat each transaction in a theft or fraud case as a separate offense. When multiple illicit activities are part of a common scheme or course of conduct (e.g., wire fraud or mail fraud), they can add the amounts together and charge the total as a single offense. In other words, that aggregation can turn a series of small transactions into a felony charge.
What does this look like in practice? It means that if you made ten separate transactions of $300 each, you could face a single charge based on the combined total of $3,000, which lands you in state jail felony territory. Each individual transaction might have stayed at the misdemeanor level on its own, but the combined amount turns your situation into something far more serious.
Challenging aggregation is one of the most important strategies in a white-collar defense. Prosecutors have to show that the transactions were connected by a common scheme, and that connection isn’t always as clear as they claim. Disputing the relationship between transactions, or the methods used to calculate the total, can bring the alleged amount down and with it the severity of the charge.
Enhancements That Can Increase Penalties Beyond Dollar Amount
The dollar amount in white collar crimes sets the baseline for how a charge gets classified, but it isn’t the only factor impacting your case. Texas law recognizes a number of enhancements that can push penalties higher (sometimes dramatically), regardless of where the alleged amount falls on the sentencing scale. They include:
- Victim Profile: When the alleged victim is elderly, it can increase the punishment range by one degree.
- Nonprofit Organizations or Government Entities: Offenses targeting these groups can trigger enhanced penalties, reflecting the state’s interest in protecting them from financial exploitation.
- Your Criminal History: Repeat offenses, particularly prior felony convictions, can push a charge into a higher sentencing tier than the dollar amount alone would warrant.
- Identity Theft or Organized Fraud Rings: These schemes can result in increased penalties. For example, a defendant charged under the Texas organized crime statute can face a punishment range that is one degree higher.
- Abuse of a Fiduciary Position: When a defendant exploited a position of trust, prosecutors can seek enhanced penalties on top of the base charge.
Restitution and Financial Consequences
A conviction in a white-collar case doesn’t end with a jail or prison sentence. Courts in Texas routinely order defendants to pay restitution to victims. The amount of restitution is tied directly to the dollar amount involved in the offense, which means high-value cases carry high-value repayment obligations.
Restitution is separate from the fines the court can impose as part of sentencing: you could face both a statutory fine and a restitution order at the same time. In cases involving fraud or theft, the restitution amount can equal or exceed the total alleged loss, making the financial consequences of a conviction substantial.
Court costs and investigation fees can add to the financial toll as well. In some cases, particularly those involving extensive investigations by state or federal agencies, can result in defendants being ordered to contribute to the cost of that investigation. When all of these obligations are added together, the financial fallout from a white collar conviction can be extremely high.
How a Houston Criminal Defense Attorney Can Help
As you’ve seen, white collar cases can hinge on the dollar amounts involved. An experienced criminal defense lawyer can review the prosecution’s calculations and identify any weaknesses. Common strategies include:
- Disputing the Alleged Loss Amount: How the prosecution calculates the total alleged loss isn’t always accurate. An attorney can identify errors in valuation methods and push back on incorrect numbers.
- Challenging Aggregation Arguments: Prosecutors have to establish that multiple transactions were connected by a common scheme. That connection can be disputed, and doing so early can keep the alleged total (and the offense level) lower.
- Questioning Evidence of Intent: Many white-collar charges require the prosecution to prove intent. An attorney can challenge whether the evidence actually supports that conclusion and use gaps in the prosecution’s argument to your advantage.
- Identifying Procedural Errors: Errors in how an investigation was conducted can affect the admissibility of evidence. An attorney can review the full record of the investigation to find procedural missteps.
- Negotiating Charge Reductions: When advisable, an attorney can negotiate with prosecutors for a reduced charge classification, which can mean a shorter sentencing range, lower fines, and in some cases, the difference between a felony and a misdemeanor.
Talk to a Houston White Collar Crimes Defense Attorney Now
If you’re facing fraud or theft charges in Houston, TX, the dollar amount attached to your case is one of the first things you’ll want a defense attorney to examine. How that number was calculated, whether transactions were aggregated, and what enhancements prosecutors may be pursuing can all affect the outcome.The Law Office of Amanda Skillern, PPLC, has handled white-collar cases in Harris County from both sides of the courtroom. As a former prosecutor, Attorney Amanda Skillern knows how the District Attorney’s office builds these cases and where they can be challenged. From valuation disputes to aggregation arguments, she knows how to build a solid defense for those accused of white-collar crimes. To schedule a free consultation, call us at (832) 954-4722 or contact our Houston criminal law firm online today.

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