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Being accused of a theft crime in Houston, Texas, can bring serious consequences. A conviction can affect your freedom, your job, and your future. Even a minor theft or shoplifting case can lead to fines, community service, or even jail time, while larger cases, such as felony theft, can result in years in prison. Understanding your rights under Texas law is essential before speaking with prosecutors or the police.
At LaVine Law Firm, our experienced Houston theft lawyer understands how stressful these situations can be. Whether you are accused of shoplifting, auto theft, or a felony theft charge, our team will carefully examine every detail to protect your rights.
Our law firm helps you challenge theft charges, fight for reduced penalties, or work to have your case dismissed. We know how the criminal justice system operates in Harris County and use our knowledge to build the strongest possible defense for our clients.
Under Texas law, theft occurs when a person unlawfully takes another person’s property without consent and intends to deprive them of it permanently. These offenses range from Class C misdemeanors to first-degree felonies, depending on the value and circumstances.
Prosecutors must prove beyond a reasonable doubt that you committed the crime knowingly and without permission. Having a skilled defense attorney is critical to protect your future and your criminal record.
Defined under Texas Penal Code § 31.03, theft involves unlawfully taking or exercising control over someone else’s property without the person’s consent. The penalties vary depending on the item’s value, prior criminal record, and any aggravating factors, such as fraud or embezzlement.
To convict someone of theft, the prosecutor must show:
Our law offices handle a wide range of theft crimes, from small-scale shoplifting to serious felony theft cases. Each case is unique, and the outcome depends on the value of the stolen property, the person’s intent, and prior criminal charges.
A Houston theft lawyer can assess the details and build a defense to protect your rights.
Commonly charged under Texas Penal Code § 31.03, shoplifting cases involve taking merchandise without paying. Most are charged as Class C or Class B misdemeanors, depending on the item’s value. Though minor, these charges can still lead to significant consequences, including fines and a permanent criminal record.
When stolen items exceed $2,500, the offense becomes a felony. This can be a state jail felony, second-degree felony, or first-degree felony, depending on the value. These serious felony charges can result in years of prison and large fines under Texas law.
This type of theft crime involves taking the company's money or property. Under Texas Penal Code § 31.09 (Aggregate Theft), prosecutors can combine multiple thefts into one large charge. Even trusted employees can face felony theft for these acts, which often lead to long-term legal consequences.
Auto theft, defined under Texas Penal Code § 31.07, involves taking or using a vehicle without the owner’s permission. It is often a state jail felony, punishable by up to two years in state jail and possible community service. Even borrowing a car without consent can result in a felony charge under the law.
This crime, covered by Texas Penal Code § 32.51, involves using another person’s financial information without permission. The penalties range from a state jail felony to a first-degree felony, depending on the scope of the offense. These theft crimes are taken very seriously by prosecutors and often involve lengthy prison terms.
Writing checks without funds or misrepresenting payments can lead to accusations of fraud-related theft. A criminal defense attorney can challenge evidence and prove that there was no intent to steal.
Under Texas Penal Code § 31.03(e), theft penalties depend on the value of the stolen property. The higher the amount, the more severe the criminal charges and possible jail time. Even small thefts can lead to a criminal record, while larger amounts may result in a state jail felony or even a first-degree felony under Texas law.
Value of Property Stolen | Charge Type | Potential Penalty |
|---|---|---|
Under $100 | Class C Misdemeanor | Fine up to $500 |
$100–$749 | Class B Misdemeanor | Up to 180 days in jail, $2,000 fine |
$750–$2,499 | Class A Misdemeanor | Up to 1 year in jail, $4,000 fine |
$2,500–$29,999 | State Jail Felony | 180 days–2 years, $10,000 fine |
$30,000–$149,999 | Third-Degree Felony | 2–10 years, $10,000 fine |
$150,000–$299,999 | Second-Degree Felony | 2–20 years, $10,000 fine |
$300,000 or more | First-Degree Felony | 5–99 years or life, $10,000 fine |
Every theft charge is different, but several legal defenses can apply depending on the facts. A Houston criminal lawyer can assess your situation and identify ways to challenge the evidence or reduce penalties.
If you did not intend to take the property permanently, your lawyer can argue that no theft occurred. This defense focuses on proving there was no deliberate plan to steal. Your Houston theft lawyer can show that your actions were a misunderstanding or mistake, not a criminal offense, helping you avoid harsh penalties.
If you believed you owned or had permission to take the property, your defense attorney can argue that you had a valid claim. Proving a person’s consent or ownership can weaken the prosecution’s case. In many theft crimes, showing honest belief of ownership can lead to reduced charges or a full case dismissed.
When the prosecutor cannot provide solid proof, your attorney can argue that there is not enough evidence to convict. Many cases rely on assumptions rather than facts. An experienced defense lawyer can question every detail of the prosecutor’s claims to highlight the lack of direct evidence linking you to the theft.
If the owner permitted you, the act cannot be considered theft. This defense is especially common in auto theft or employee theft cases. Your criminal defense attorney can present texts, receipts, or witness statements to prove consent, helping establish that no crime occurred.
If evidence was found during an illegal police search, it can be excluded under the Fourth Amendment. A criminal defense lawyer will challenge how the police gathered evidence to protect your rights. When searches lack probable cause, the prosecutor’s case weakens significantly, improving your chances for a reduced sentence or complete dismissal.
For many theft crimes, you may have the chance to avoid a conviction through pretrial diversion or record sealing. These programs can help you move forward without a lasting criminal record.
First-time offenders may qualify for pretrial diversion in Harris County, allowing them to complete community service or pay restitution in exchange for having the case dismissed.
This option lets you plead guilty without a conviction. Once the program is complete, your record can be sealed under Texas Government Code § 411.0731.
If your case is dismissed or you’re found not guilty, you can clear your record through expungement under the Texas Code of Criminal Procedure Chapter 55. This helps restore your life without the burden of a criminal conviction.
Petty theft involves small-value items, while felony theft applies when the property value exceeds $2,500 under Texas law.
Yes. A conviction can appear on your criminal record and impact job opportunities for years.
Contact a Houston theft lawyer immediately to protect your rights and avoid making mistakes during questioning.
No. Robbery involves theft plus the use of force or threats of harm, while simple theft does not. The vast majority of theft cases in Texas do not include violence and are treated less severely than robbery or burglary.
Stay calm and contact a Houston theft lawyer immediately. Do not discuss the case publicly or online. A defense attorney can protect your loved one’s rights and work to have their case dismissed or penalties reduced.
If you or someone you care about has been accused of theft, you deserve an attorney who will fight to defend your rights and protect your future. LaVine Law Firm understands how stressful these cases can be and how much is at stake for you and your family. Our experienced Houston theft lawyer knows how to handle both misdemeanor and felony theft cases and works hard to achieve fair results.
Contact us today for a free, confidential consultation to discuss your case safely and privately. During your meeting, we will listen closely, review the details of your situation, and explain your options in simple terms.
With strong defense strategies and years of experience, our law firm is ready to defend you against theft accusations and help you move forward with confidence.
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