SAN ANTONIO — The law can often be confusing and also ever-changing. In tonight's Verify, we tackle one law that has gotten a lot of people in hot water. When someone commits a theft the amount of the theft determines who prosecutes them and what the punishment will be. That leads us to tonight's claim who was texted to us by Verify viewer Matt.
THE QUESTION
Is it true that San Antonio's District Attorney has decided to consider anything stolen that has a value less than $750 not be prosecuted?
THE SOURCES
- Christian Henricksen, the first assistant at the District Attorney's office
THE ANSWER
WHAT WE FOUND
Henrickson told us, "That's not true. We prosecute all theft cases over $100 when when we have the evidence to prove it. And the reason for the hundred dollars cut off is because we don't have jurisdiction if it's under $100."
Henricksen says if the value is under $100 is is a class C misdemeanor and those go to municipal court. He added, "If the value of the property is between $100 and $750, that's a class B misdemeanor, which is the lowest level offense that we deal with at the DA's office. As the value goes up, the punishment goes up, it can be a class A misdemeanor, state jail felony, all the way up from there."
So no, it is not true. San Antonio's District Attorney does prosecute thefts under $750, but greater than $100.
Henricksen also told us the D.A.'s office reviews each case and decides whether or not to accept them. They are then passed on to the judge who decides if there is enough probable cause to book the person in jail, and decides on bond.