Criminal Defense
Theft and Property Crimes
Defense for theft, burglary, criminal mischief, and other property offenses.
Theft offenses in Texas are graded by the value of the property and certain enhancing factors. A theft of under $100 is a Class C misdemeanor; theft over $300,000 is a first-degree felony. Burglary, robbery, and aggravated robbery operate on different penal-code sections with their own elements and punishment ranges.
A theft case is often a question of intent and identification. Did the defendant intend to deprive the owner of the property? Was the person identified correctly? Was a returned item really an admission or a misunderstanding? Loss prevention officers, surveillance video, and store policies all factor into both sides of the case.
Property crimes carry collateral consequences beyond jail and fines: employability, professional licensing, and immigration status all suffer from a theft conviction, which is treated as a crime of moral turpitude under federal law. Even small theft charges deserve serious defense work because of these collateral effects.
We handle theft, burglary, criminal mischief, fraud, and other property cases in misdemeanor and felony courts throughout the Valley. We work toward dismissal, reduction, deferred adjudication, or trial as the facts of each case demand.
Common scenarios
Situations we see often
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Shoplifting allegation at a retail store
A loss prevention officer detains you on the way out of a store. You may not have realized an item was still in your bag, or you may have set it down and forgotten about it.
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Burglary of a habitation
A residence is entered without consent and items are alleged taken. Identification is often the central issue, sometimes based on shaky witness statements or partial surveillance.
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Felony theft based on aggregated value
The state aggregates multiple alleged thefts to push the value into felony range. The aggregation rules under Tex. Penal Code 31.09 are technical and frequently misapplied.
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Criminal mischief over disputed property
A property damage allegation arises from a roommate dispute, civil dispute, or family fight. The criminal case overlaps with what is really a civil matter.
What to do
If this happens to you
Do not give a statement to loss prevention or to police. Do not "explain" the situation - explanations almost always become admissions in the police report. Do not sign any civil demand letters or pay any "civil recovery" demand without talking to a lawyer first.
Do not return to the store. Many stores file criminal trespass warnings along with theft cases, and returning compounds the problem. Get a lawyer involved before the first court setting.
How we help
How our firm can help
We obtain the surveillance video, the loss prevention officer's report, store policies, any prior incident history, and the witness statements. We evaluate intent, identification, and chain of custody. For aggregated value cases we review whether the aggregation actually meets statutory requirements.
We negotiate from preparation. Outcomes can include dismissal, theft diversion, pretrial intervention, reduction to a Class C, or deferred adjudication where appropriate. For non-citizens, we evaluate immigration consequences carefully before any plea - theft is generally a crime of moral turpitude with serious immigration implications.
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$100
threshold for Class C misdemeanor theft in Texas
Tex. Penal Code 31.03(e)(1)
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$2,500
threshold for state jail felony theft
Tex. Penal Code 31.03(e)(4)
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Crime of
moral turpitude designation under federal immigration law - applies to most theft offenses
BIA, In re Patel & related precedent
Common questions
Questions about Theft and Property Crimes
I returned the item. Will the case go away?
Not automatically. Returning the property may help with the civil side and with sentencing, but the criminal case proceeds based on the state's evidence of the original taking. We work to leverage cooperation for the best disposition.
What is the difference between theft, burglary, and robbery?
Theft is taking property without consent and with intent to deprive. Burglary is entering a building or habitation without consent with intent to commit a felony, theft, or assault inside. Robbery is theft accomplished with force or threat of force; aggravated robbery adds a deadly weapon or other enhancing element.
Can a theft be expunged in Texas?
A dismissed or acquitted theft case can usually be expunged. A theft that ended in a conviction generally cannot. Deferred adjudication may be sealed via non-disclosure in some cases.
I was charged with felony theft based on aggregation. Is that proper?
Aggregation under Tex. Penal Code 31.09 requires that the takings be part of one scheme or continuing course of conduct. Random separate thefts cannot always be aggregated. We review aggregation closely.
Related topics
More under Criminal Defense
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.