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Facing a theft charge in Texas? An Austin theft lawyer can explain the value tiers, penalties, and defenses in your case. Call LaVine Law Firm at 713-965-7305.
A theft charge can have lasting consequences, including jail or prison time, substantial fines, and a permanent criminal record. If you have been accused of theft, an experienced Austin theft lawyer can protect your rights, challenge the evidence against you, and fight for the best possible outcome.
At LaVine Law Firm, we defend clients throughout Austin against misdemeanor and felony theft charges. Whether you are accused of shoplifting, employee theft, or another theft-related offense, our attorneys provide aggressive representation at every stage of your case.
Call 713-965-7305 today for a free consultation with an experienced Austin theft lawyer.
A theft conviction can affect far more than your criminal case. It may impact your employment opportunities, professional licenses, housing applications, and future educational opportunities. At LaVine Law Firm, we understand what is at stake and work to protect both your freedom and your future.
Our legal team thoroughly reviews the prosecution's evidence, analyzes surveillance footage and witness statements, identifies weaknesses in the State's case, negotiates with prosecutors when appropriate, and aggressively defends clients at trial when necessary.
Every theft case is unique, and we develop a defense strategy tailored to the specific facts surrounding your arrest.
Under Texas Penal Code § 31.03, theft generally occurs when a person unlawfully appropriates property with the intent to deprive the owner of that property.
Theft charges can arise in many situations, including shoplifting, employee theft, theft by deception, or taking property without the owner's effective consent. The severity of the offense depends on factors such as the value of the property and the circumstances surrounding the alleged crime.
Theft remains one of the most frequently reported property crimes investigated by the Austin Police Department. According to the City of Austin's public safety data, 21,985 larceny/theft offenses were reported in 2024, making theft one of the largest categories of property crime in the city. Austin law enforcement continues to investigate theft offenses ranging from shoplifting and employee theft to more complex property crimes.
Texas classifies theft offenses based primarily on the value of the property involved, although certain circumstances can increase the severity of the charge regardless of value.
If the value of the property is less than $100, theft is generally charged as a Class C misdemeanor. A conviction may result in a fine of up to $500 but does not carry jail time.
Theft is generally a Class B misdemeanor if:
A conviction is punishable by up to 180 days in county jail and a fine of up to $2,000.
If the value of the property is $750 or more but less than $2,500, theft is generally charged as a Class A misdemeanor. A conviction may result in up to one year in county jail and a fine of up to $4,000.
Theft is generally a state jail felony when the value of the property is $2,500 or more but less than $30,000. Certain theft offenses, such as stealing a firearm or property from another person's body, may also be charged as state jail felonies regardless of value. A conviction may result in 180 days to two years in a state jail facility and a fine of up to $10,000.
More serious theft offenses carry increasingly severe penalties:
The value of the property is not the only factor that determines how a theft offense is charged. Texas law allows prosecutors to seek enhanced charges in several situations, even when the property's value would normally support a lesser offense.
Factors that may increase the severity of a theft charge include:
Because these enhancements can significantly increase the potential penalties, it is important to have an experienced attorney review the specific facts of your case.
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The value of the property can determine whether a theft charge is a misdemeanor or felony. Under Texas Penal Code § 31.08, value is generally based on the property's fair market value at the time and place of the alleged theft. If that value cannot reasonably be determined, the State may rely on the cost of replacing the property within a reasonable time.
Valuation can become an important defense issue when used property, damaged goods, disputed ownership interests, or several items are involved. A difference of even a few hundred dollars can sometimes move an allegation across one of Texas's misdemeanor or felony thresholds.
Yes, in some cases. Texas Penal Code § 31.09 allows the State to treat multiple amounts as one offense when prosecutors allege that they were obtained through one scheme or continuing course of conduct. The amounts may then be combined when determining the grade of the theft charge.
For example, several relatively small alleged thefts may create much greater felony exposure if the State can lawfully aggregate them. The defense can therefore challenge both the individual transactions and whether they actually belong to one continuing scheme.
Being charged with theft does not mean you will be convicted. The appropriate defense depends on the facts of your case, the available evidence, and whether prosecutors can prove every element of the offense beyond a reasonable doubt.
Possible defenses may include:
An experienced Austin theft lawyer can evaluate your case, identify available defenses, and develop a strategy aimed at protecting your rights and your future.
Being arrested for theft does not mean you will be convicted. After an arrest, your case moves through the Texas criminal justice system, and you will have opportunities to challenge the charges before your case is resolved.
After your arrest, you may be booked into jail, fingerprinted, photographed, and processed. Depending on the circumstances, you may be released on bond or remain in custody until you appear before a magistrate.
Your case will typically proceed through several stages, including your first court appearance, pretrial hearings, plea negotiations, and, if necessary, a trial. During this time, your attorney can review the prosecution's evidence, file appropriate motions, negotiate with prosecutors, and develop the strongest possible defense.
Yes. Depending on the facts of your case, it may be possible to have a theft charge reduced or dismissed. Every case is different, and the available options depend on the strength of the evidence, your criminal history, and the circumstances surrounding the alleged offense.
In some cases, reduced charges or dismissal may be possible because:
An experienced Austin theft lawyer can evaluate your case, negotiate with prosecutors when appropriate, and pursue every available opportunity to obtain a favorable outcome.
A theft conviction can remain on your criminal record and affect future employment, housing, educational opportunities, and professional licensing. Because theft is considered a crime involving dishonesty, many employers and licensing boards view these convictions seriously.
Depending on how your case is resolved, you may later qualify for an expunction or an Order of Nondisclosure under Texas law. An attorney can review your record and explain whether either option may be available based on your circumstances.
When your future is on the line, you need a legal team that will take the time to understand your case and fight for your best interests. At LaVine Law Firm, we provide personalized criminal defense representation, carefully analyze the evidence, identify weaknesses in the prosecution's case, and develop defense strategies tailored to each client's situation.
Whether you are facing a misdemeanor shoplifting allegation or a serious felony theft charge, we are committed to protecting your rights at every stage of the criminal process. We keep you informed, answer your questions, and aggressively advocate for the best possible outcome.
A theft charge does not have to define your future. An experienced Austin theft lawyer can explain the charges against you, protect your constitutional rights, and build a strong defense on your behalf.
At LaVine Law Firm, we proudly defend clients throughout Austin against misdemeanor and felony theft charges. Call 713-965-7305 today to schedule a free consultation with an experienced Austin theft lawyer and learn how we can help protect your future.
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