The Texas Penal Code defines theft as unlawfully taking someone else’s property with the intent to deprive the owner of it. This includes a wide range of actions, from shoplifting to stealing money, vehicles, or other valuables. The law also considers the value of the stolen property when deciding the severity of the charge, which can range from a misdemeanor to a felony.
If you are facing a theft charge, a skilled Fort Worth theft crimes lawyer can help by thoroughly investigating your case, challenging the evidence, and identifying possible defenses. They can also negotiate with prosecutors to reduce charges or seek alternative punishments. Having an experienced lawyer increases your chances of a favorable outcome and helps protect your rights throughout the legal process.
Types of Theft Charges Under the Texas Penal Code
Under the Texas Penal Code, theft is a broad category that includes many different charges. At its core, theft involves unlawfully taking someone else’s property with the intent to deprive them of it. The severity of a theft charge depends on the value of the stolen property and the specific type of theft that occurred.
One of the most common theft charges in Texas is shoplifting. This occurs when someone takes merchandise from a store without paying. Even hiding an item or switching price tags can count as shoplifting. If the value of the item is under $100, it may be classified as a Class C misdemeanor, which is the lowest level of theft. But if the value is higher, the charge becomes more serious.
Theft by check is another frequent charge. This happens when someone writes a check they know won’t clear due to insufficient funds or a closed account. Texas law treats this kind of theft just like other forms, with penalties based on the amount of money involved.
Burglary is also tied closely to theft. While burglary itself involves illegally entering a building, it often happens with the intent to commit theft. A person doesn’t have to actually steal anything to be charged with burglary—the intent alone can lead to a criminal charge. Penalties for Theft in Texas can be serious, even when nothing is actually stolen.
Auto theft is another common offense. It involves unlawfully taking or using someone’s vehicle without permission. Depending on the circumstances, it can be charged as theft or a more serious crime like unauthorized use of a motor vehicle.
Identity theft is becoming more common in Texas as well. This type of theft involves using someone else’s personal information—like their name, Social Security number, or credit card—to commit fraud or steal money.
All theft charges under the Texas Penal Code carry serious consequences upon conviction, including fines, jail time, and a criminal record. The more valuable the stolen property, the harsher the penalties. In some cases, theft involving public servants, elderly individuals, or nonprofits can result in more severe punishment. Because of these risks, anyone facing theft charges should talk to a skilled Fort Worth criminal defense lawyer who can help protect their rights and fight for a fair outcome.
Potential Penalties for a Theft Conviction in Texas
The penalties for a theft conviction in Texas depend mostly on the value of the stolen property. Under the Texas Penal Code, theft can be classified as a misdemeanor or a felony. The more valuable the property, the more serious the charge and the harsher the punishment.
If the value of the property is less than $100, the offense is usually a Class C misdemeanor, punishable by a fine of up to $500. If the value is between $100 and $750, it becomes a Class B misdemeanor, which can lead to up to 180 days in jail and a fine of up to $2,000. Theft involving property valued between $750 and $2,500 is a Class A misdemeanor, carrying a possible sentence of up to one year in jail and a $4,000 fine.
When the value of the stolen property is higher, the charge becomes a felony. For example, if someone steals something worth between $2,500 and $30,000, it is a state jail felony. This means the offender can face between 180 days and two years in a state jail and a fine of up to $10,000. As the amount increases, so does the level of the felony. Theft of items worth over $300,000 is considered a first-degree felony, which carries a possible prison sentence of 5 to 99 years, or even life in some cases, along with a fine of up to $10,000.
| Property Value | Offense Level | Potential Jail Time | Potential Fine |
| Less than $100 | Class C Misdemeanor | None | Up to $500 |
| $100 to < $750 | Class B Misdemeanor | Up to 180 days | Up to $2,000 |
| $750 to < $2,500 | Class A Misdemeanor | Up to 1 year | Up to $4,000 |
| $2,500 to < $30,000 | State Jail Felony | 180 days to 2 years | Up to $10,000 |
In certain situations, even a lower-value theft can be punished more severely. For example, if the theft was committed against an elderly person or a nonprofit organization, the charge may be bumped up to the next highest category. Repeat offenses can also lead to tougher penalties.
Beyond jail time and fines, a theft conviction can have long-lasting effects. Theft Crimes In Texas can damage a person’s reputation, make it harder to find a job, and affect future housing opportunities. Having a theft charge on your record can follow you for years. That’s why it’s important to have a skilled Texas criminal defense lawyer if you are facing a theft charge. A skilled Fort Worth theft crimes lawyer can help reduce the charges or even get them dismissed, depending on the circumstances.
Potential Collateral Consequences of a Theft Conviction in Texas
A theft conviction in Texas doesn’t just come with jail time or fines—it can also lead to serious collateral consequences that affect many areas of a person’s life long after the legal case ends. These consequences are not part of the criminal sentence but can still have a big impact on a person’s future.
One of the most common collateral consequences is difficulty finding a job. Many employers run background checks, and a theft conviction can raise red flags. Since theft is considered a crime of dishonesty, employers may worry about trust and responsibility, especially for jobs involving money or sensitive information. Even if someone is highly qualified, a conviction on their record can cause them to be passed over.
Housing can also become harder to get. Landlords often check criminal histories before renting an apartment. A theft conviction may lead them to deny an application because they see it as a sign of risk. This can make it difficult for someone with a record to find stable housing, especially in competitive rental markets.
A theft conviction can also affect education and financial aid. Some colleges ask about criminal history during the admissions process, and a conviction can hurt a student’s chances of being accepted. In some cases, a theft-related offense may make it harder to qualify for certain scholarships or government financial aid programs.
Immigration status can be impacted as well. For non-citizens, a theft conviction may lead to deportation, denial of citizenship, or problems when applying for a visa or green card. Theft is often treated as a crime involving moral turpitude, which can make immigration consequences more severe.
Additionally, some professional licenses and certifications may be denied or revoked. Why Do I Need a Lawyer? Jobs in healthcare, law, teaching, or finance often require background checks, and a theft conviction can block someone from entering or staying in those fields.
Even personal relationships and reputation can suffer. A theft conviction may lead to loss of trust from family, friends, or the community.
Because of these serious and long-lasting effects, anyone charged with theft in Texas should take the situation seriously and talk to a skilled Fort Worth criminal defense lawyer as soon as possible.
Successfully Defending Against a Theft Charge in Texas
If you’re facing a theft charge in Texas, it’s important to know that there are several legal defenses that may help you fight the accusation. A good criminal defense lawyer can look at the facts of your case and decide which defense makes the most sense. The best defense depends on what happened, but some are commonly used in theft cases.
One of the most common defenses is lack of intent. In Texas, theft requires that the person intended to take something without the owner’s permission and keep it. If someone took property by mistake, or believed they had a right to it, they may not be guilty of theft. For example, if two people believe they own the same item, and one takes it thinking it belongs to them, that’s not considered theft under the law.
Another defense is owner’s consent. If the property owner gave permission—either directly or indirectly—for someone to take or borrow something, then it may not count as theft. However, proving this can be tricky without witnesses, written agreements, or other evidence.
Lack of evidence is also a strong defense. The prosecution must prove the case beyond a reasonable doubt. If there is no clear evidence—such as video footage, eyewitness testimony, or stolen property being found—then the charges may not hold up in court. Your Fort Worth theft crimes lawyer may be able to get the case dismissed or win at trial if the state can’t prove its case.
In some situations, the accused may argue mistaken identity. This defense is used when someone is wrongly identified as the person who committed the crime. If there were poor lighting, no clear video, or unreliable witnesses, your attorney might raise this defense.
Finally, entrapment can be a defense if police officers convinced someone to commit theft when they otherwise wouldn’t have done it. Charges and Penalties in Texas can be severe, and this usually happens in undercover sting operations. Entrapment can be difficult to prove, but it is possible with the right evidence.
Every case is different, so it’s important to work closely with a knowledgeable Texas criminal defense lawyer. They can investigate the situation, gather evidence, and use the best defense to fight the theft charge and protect your rights.
How Can a Criminal Defense Lawyer in Texas Help with Your Theft Case?
A criminal defense attorney in Texas can play a vital role if you are facing a theft charge. Theft charges can carry serious consequences, including fines, jail time, and a lasting criminal record. Because of this, it is important to have a skilled lawyer who understands Texas law and knows how to protect your rights throughout the legal process.
First, a defense attorney will carefully review the facts of your case. What Does a Criminal Defense Lawyer Do? They will investigate the circumstances around the alleged theft, including gathering evidence and talking to witnesses. This thorough examination can uncover weaknesses in the prosecution’s case or even prove your innocence. Sometimes, the evidence may show that the value of the stolen property is lower than the police claim, which can reduce the charge.
An experienced attorney will also explain your legal options. They can help you understand the difference between misdemeanors and felony theft charges, and the potential penalties for each. This knowledge allows you to make informed decisions about how to proceed, whether it’s negotiating a plea deal or going to trial.
If a plea bargain makes sense, your lawyer can negotiate with the prosecutor on your behalf. Often, attorneys can reduce charges or recommend alternative sentences, like probation instead of jail time. This can save you from harsher penalties and limit the impact on your future.
If your case goes to trial, your attorney will represent you in court and build a strong defense strategy. They will challenge the prosecution’s evidence, cross-examine witnesses, and present your side of the story. Their goal is to create reasonable doubt and protect your rights.
Finally, a criminal defense attorney can guide you through the entire legal process, explaining what to expect and answering your questions. Facing theft charges can be stressful and confusing, but having a knowledgeable lawyer by your side provides support and increases your chances of a better outcome.
Talk with an Experienced Criminal Defense Lawyer in Texas Today
If you face a theft charge in Texas, hire a knowledgeable Fort Worth criminal defense lawyer as soon as possible. Your attorney will handle every aspect of your case, aggressively represent you during all in-court legal proceedings, safeguard your rights, and fight for the best possible result on your behalf.