Houston Theft Attorneys | Board Certified in Criminal Law

Houston Theft and Shoplifting Attorneys

Theft charges happen to people from all areas of life. They can be one of the most damaging crimes for your future employment. Businesses rarely select candidates that have reportable theft convictions. Brian Foley and Luis Baez have worked on thousands of theft and shoplifting charges and will fight to protect your record. Here's what you need to know about theft charges immediately:

Theft charges enhance to higher punishment ranges. This means that if you get one conviction for theft then future convictions can result in up to 2 years in a State Jail Facility.
If your case is dismissed and expunged then you can report to new employers that you have never been convicted or arrested for that offense.

Theft

Most theft charges that result in arrest are between $100 and $750. This makes them Class B offenses punishable by up to 180 days in jail and up to a $2000 fine. These offenses are often shoplifting through concealing items on yourself or by skipping items from being scanned and paying a partial amount using a self-checkout line. Theft is when "A person . . . unlawfully appropriates property with intent to deprive the owner of property." Appropriate means to acquire or otherwise exercise control over property. Deprive means to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner. Owner means a person with a greater right to possession of the property than the person who is charged with theft. We offer free consultations so don't wait. Call now!

Shoplifting

Texas does not have a specialized shoplifting law. All shoplifting charges in Texas are prosecuted under the Theft Statute in Chapter 31 of the Texas Penal Code. Many times the Shoplifting cases have video evidence from security cameras found in the store. Even if your case was caught on video you may still be able to get your case dismissed. Texas law gives the prosecution wide discretion to file or dismiss charges regardless of the strength of the evidence. Houston Criminal Defense Attorneys PLLC knows how to obtain these results for our clients.

Did you know this about Theft?

Prosecutor Discretion

As former prosecutors themselves Luis Baez and Brian Foley understand how to make the District Attorney's Office see the circumstances which led to a theft charge against an otherwise law abiding citizen.

Frequently Asked Questions

Can a shoplifting case be dismissed even if it's on video?

Yes. Texas does not have a specialized shoplifting law — all shoplifting is prosecuted under the Theft Statute in Chapter 31 of the Texas Penal Code. Even if your case was caught on a store security camera, you may still be able to get it dismissed. Texas law gives the prosecution wide discretion to file or dismiss charges regardless of the strength of the evidence, and as former prosecutors we know how to obtain these results.

Why is fighting a theft charge so important for my future?

Theft charges can be one of the most damaging crimes for your future employment — businesses rarely select candidates with reportable theft convictions. Theft charges also enhance: one conviction can turn a future theft into a State Jail Felony of up to 2 years. If your case is dismissed and expunged, you can report to new employers that you have never been convicted or arrested for that offense.

How is the level of a theft charge decided in Texas?

Texas grades theft by the value of what was taken: under $100 is a Class C misdemeanor; $100–$750 a Class B; $750–$2,500 a Class A; $2,500–$30,000 a state jail felony; $30,000–$150,000 a third-degree felony; $150,000–$300,000 a second-degree felony; and $300,000 or more a first-degree felony. Certain thefts — like theft from a person or of a firearm — are felonies regardless of value.

Is theft a felony in Texas?

It depends on the value and the circumstances. Most shoplifting and low-value theft is a misdemeanor, but theft of $2,500 or more is a felony, and value can be aggregated across multiple incidents that are part of one scheme. Prior theft convictions, theft from a person, and theft by someone in a position of trust can also raise the offense level.

Is theft a 'crime of moral turpitude'?

Yes. Theft is considered a crime of moral turpitude — a crime of dishonesty — which is why it is so damaging on background checks and in court. It can affect employment, professional licenses, immigration status, and even your credibility as a witness. Keeping a theft charge off your record is often the single most important goal of the case.

Can a theft charge be expunged in Texas?

If your theft case is dismissed or you are acquitted, you may qualify for an expunction that erases the arrest, and some resolved cases qualify for an order of nondisclosure that seals the record. First-time offenders frequently qualify for diversion programs that end in dismissal — and then expunction — which is why fighting the charge is worth it.

What defenses work in a theft case?

Common defenses include lack of intent to steal (a mistake or a good-faith claim of right), mistaken identity, an unlawful search, disputes over the value that set the offense level, and returning or paying for the property. Because prosecutors have wide discretion, many theft cases can be resolved through restitution, diversion, or dismissal with the right approach.

Houston Theft and Shoplifting Attorneys

Houston Theft and Shoplifting Attorneys

Did you know this about Theft?

Frequently Asked Questions

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