Being charged with theft in Texas is a serious legal matter that can result in jail time, substantial financial penalties, and long-term consequences that can significantly impact your career, reputation, and future. Whether you’re accused of shoplifting, employee theft, or something more complex like fraud or burglary, the legal system doesn’t take these allegations lightly.
Vinas & Graham, PLLC, outlines what’s at stake if you’re facing theft charges in Texas and what you should know about how the law treats these offenses.
What Counts as Theft in Texas
Theft involves taking someone else’s property without permission and with the intent to permanently keep it or deprive the owner of it. This could involve physical items, such as merchandise, electronics, or vehicles, as well as services or monetary transactions. Even borrowing something with no plan to return it or under false pretenses can be considered theft.
It’s not only the act that matters but also the intent behind it. Someone who accidentally walks out of a store with an unpaid item may not face the same consequences as someone who deliberately concealed merchandise to avoid paying.
How Theft Charges Are Classified
In Texas, theft charges are categorized based on the value of the stolen item or service. The greater the value, the more severe the consequences.
- Low-value theft (under a few hundred dollars) is typically considered a misdemeanor and may involve a fine, community service, and possibly a brief jail sentence.
- Mid-range theft (ranging from several hundred to a few thousand dollars) can result in longer jail terms, larger fines, and a criminal record that may be difficult to expunge.
- High-value theft (tens of thousands of dollars or more) is often prosecuted as a felony, carrying multi-year prison sentences and steep financial penalties.
Additionally, certain factors can elevate a theft charge regardless of the item’s value. For example, stealing a firearm or certain metals, targeting a vulnerable victim, or committing theft while serving in a position of trust—such as a public official or caregiver—can result in harsher penalties.
Potential Jail Time and Fines
Penalties for theft in Texas range widely. Misdemeanor convictions can result in up to a year in county jail and fines in the thousands, while felony convictions may lead to several years—or even decades—in state prison. In all cases, the court has discretion based on the details of the offense and the defendant’s criminal history.
Repeat offenses are also treated more harshly. Someone with multiple prior convictions may face upgraded charges and longer sentences, even for crimes that would usually be considered minor.
Additional Consequences of a Theft Conviction
Legal penalties are only part of the picture. A conviction for theft can significantly impact your life in personal and lasting ways. Many employers are hesitant to hire someone with a theft-related offense on their record, especially in industries that involve handling money or maintaining customer trust. Renting an apartment, applying for loans, or obtaining professional licenses can also become more difficult.
You may also be subject to civil lawsuits, especially if the alleged theft involved a business or employer. Retailers, for instance, sometimes pursue civil penalties to recover their losses or deter future offenses.
Defending Against Theft Charges
Not every accusation of theft results in a conviction. Several legitimate defenses can be used depending on the circumstances:
- Lack of intent: If you didn’t mean to steal the item or believed you had a right to it, the prosecution may have difficulty proving their case.
- Mistaken identity: In chaotic or confusing situations, it’s not uncommon for the wrong person to be accused.
- Insufficient evidence: Without clear proof that a theft occurred or that you were involved, charges may not hold up in court.
In some cases, your attorney may negotiate for a reduced charge or alternative resolution, such as a diversion program, particularly if you have no prior record and the offense was relatively minor. These programs may offer a second chance to avoid a conviction if you meet certain conditions.
Why Legal Representation Matters
Having a knowledgeable criminal defense attorney can make a significant difference. An experienced lawyer can examine the evidence, identify weaknesses in the case, and advocate on your behalf in negotiations or at trial. They can also help protect your rights if law enforcement overstepped during an arrest or investigation.
Early legal intervention often results in better outcomes—whether that’s reduced charges, dismissal, or avoiding jail time altogether.
Protecting Your Future Starts with Knowing Your Rights
If you’re facing theft charges in Texas, understanding what’s at stake is the first step toward protecting yourself. From potential jail time to the lasting damage of a criminal record, the consequences are too serious to ignore. Taking swift, informed action can help you regain control of your situation.
At Vinas & Graham, PLLC, our team brings over 40 years of combined experience in Texas criminal defense. Attorneys Joe Vinas and Spence Graham are former felony chief prosecutors who now focus their practice on defending individuals accused of serious crimes. They understand both sides of the courtroom and use that insight to build strong defenses for their clients.
If you’ve been charged with theft, don’t wait. Contact Vinas & Graham, PLLC, today to schedule a confidential consultation. Let us help you protect your rights and your future.
