Stay quiet and get counsel involved before any interview. Loss prevention officers and detectives are trained to draw out statements that later appear in police reports. Polite refusal paired with an attorney’s call can keep the prosecution from building its case out of your own words.
Houston Theft Crimes Attorney
A theft charge in Houston can turn an ordinary day into a drawn-out fight for your reputation, your job, and your freedom. Accusations often arrive with little warning, and the pressure to respond can feel immediate.
Our Houston theft crimes lawyers at The Downey Law Firm dig into the details and build a focused response. Call (713) 651-0400 or contact us online for a free consultation, and learn more about our firm.
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Why Houston Clients Choose The Downey Law Firm for Theft Defense
Serious theft allegations call for serious representation. Clients choose The Downey Law Firm because they want a defense team that treats their case as the priority it deserves. We make your problem our problem from the first consultation through to a resolution.
Clients working with our firm can expect:
- Free initial consultation: We review the facts and explain the road ahead at no cost.
- Direct communication: Clients hear sincerity and see a team fully invested from the first call.
- Genuine investment in winning: Every case gets real passion and focus, not a template.
- Depth in complex cases: Chris Downey handles complex criminal matters that other theft defense lawyers rarely touch. You can review our case results on our results page.
Common State Theft/Fraud Offense Punishment Ranges
Under Texas Penal Code § 31.03, theft occurs when a person unlawfully appropriates property with the intent to deprive the owner of it. The offense is classified by the value of the property taken, and the penalties range from a minor fine to life in prison.
| Common State Theft/Fraud Offense Punishment Ranges: | ||
|---|---|---|
| Class C | Theft less than $100 | Zero to $500 fine |
| Class B | Theft: $100-$750 | Zero to 180 days in jail |
| Class A | Theft: $750-$2,500 | Zero to one year in jail |
| Fourth Degree |
Theft: $2,500-$30,000
Theft (any value)/third offense
Credit card abuse
Theft from person
Burglary of a building
|
Six to 24 months in state jail |
| Third Degree |
Theft: $30,000-$150,000
Bribery
|
Two to 10 years in prison |
| Second Degree |
Theft: $150,000-$300,000
Robbery
Burglary of a habitation
|
Two to 20 years in prison |
| First Degree |
Theft: $300,000 or more
Aggravated robbery
|
Five years up to life in prison |
A theft penalty reaches well beyond the courtroom. Housing applications, licensing boards, and employer background checks all react to a conviction for years.
Defense Strategies for Theft Charges in Texas
A strong defense starts by pulling the prosecution’s case apart piece by piece. Theft allegations depend on proving intent to deprive the owner of property, and that element often falls apart when examined closely. Our Texas theft crime lawyers may build a defense around:
- Lack of intent: Showing the act was a mistake or a misunderstanding at the point of sale.
- Claim of right: Establishing a legitimate ownership interest or good-faith belief in ownership.
- Insufficient evidence: Highlighting gaps in financial records, surveillance, witness IDs, or chain of custody.
Evidence gathered in violation of constitutional or statutory rules can be challenged under Texas Code of Criminal Procedure article 38.23, the state’s exclusionary rule. When a search or seizure crosses the line, the tainted evidence can be kept out of court.
Specific Theft Offenses in Texas
Not all theft cases are built the same way. The type of property involved, the circumstances of the taking, and the relationship between the parties can all change how a charge is classified and how we design a defense strategy.
Theft of a Firearm
Theft of a firearm is automatically a state jail felony, regardless of the gun’s value. These cases often involve disputed possession or ownership between family members or roommates, where the line between borrowing and taking is genuinely unclear. A conviction also triggers federal firearm prohibitions under 18 U.S.C. § 922(g), meaning the consequences extend well beyond the Texas sentence.
Embezzlement and Workplace Theft
Workplace theft allegations typically begin as an internal investigation before police are ever involved. Employers sometimes hand investigators a prepared narrative, and the accused starts the process already framed as the suspect. A careful defense examines who else had access, whether the bookkeeping holds up, and whether the shortfall reflects intentional taking or a recordkeeping error. Intent to deprive is an element the state must prove, and that element often does not survive close scrutiny.
Frequently Asked Questions About Theft Charges in Texas
What Should I Do Immediately After Being Accused of Theft?
Can a Theft Conviction Be Sealed or Expunged in Texas?
Expunction and nondisclosure are generally available only after a dismissal, acquittal, or the completion of deferred adjudication. A straight theft conviction typically cannot be sealed, which is a strong reason to fight the charge before it becomes a conviction.
Will Paying Back the Property Make the Case Go Away?
Restitution can influence a plea offer, but it does not automatically dismiss the charge, and paying back a disputed amount can sometimes be used against you. Talk to counsel before sending money or signing any civil demand letter.
Do Shoplifting Cases Ever Result in Jail Time?
Yes. Even a low-dollar shoplifting or stealing allegation can carry jail time when prior convictions, deactivation of a retail theft detector, or organized retail theft are involved. The Penal Code raises offense levels in these situations, so even a minor case warrants close review.
Talk to a Houston Theft Crimes Lawyer Today
A theft accusation does not define the rest of your story. How you respond will. Early action protects evidence and puts a defense team between you and the prosecution.
Our Houston theft crimes lawyers at The Downey Law Firm are ready to review your case and plan forward. Call (713) 651-0400 or use our contact page to schedule your free consultation.
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