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Texas Theft FAQs

What are the theft thresholds in Texas?

For ordinary property theft under Penal Code §31.03, the value bands are: less than $100, Class C; $100 or more but less than $750, Class B; $750 or more but less than $2,500, Class A; $2,500 or more but less than $30,000, state jail felony; $30,000 or more but less than $150,000, third-degree felony; $150,000 or more but less than $300,000, second-degree felony; and $300,000 or more, first-degree felony. Special property categories, prior convictions, and other statutory circumstances can change the grade. Organized retail theft has different elements and penalties.

Is shoplifting a felony in Texas?

Shoplifting can be a misdemeanor or a felony. Under the ordinary theft statute, theft of property worth less than $100 becomes a Class B misdemeanor with one prior theft conviction. Theft of property worth less than $2,500 is a state jail felony if the defendant has two or more prior theft convictions. Other special circumstances can also change the charge. Organized retail theft under §31.16 is a separate offense with different value bands.

What is "theft by check" in Texas?

Theft involving a check and issuance of a bad check are different offenses. Penal Code §31.06 provides evidentiary presumptions for theft under §§31.03 and 31.04. Issuance of a bad check under §32.41 is generally a Class C misdemeanor, with a Class B exception for a court-ordered child-support payment. Repayment does not itself guarantee that a criminal case will be dismissed.

Can a theft charge be dismissed in Texas?

A theft charge may be dismissed, but dismissal is not automatic. The available options depend on the evidence, the charge, eligibility requirements, and the decisions of the prosecutor or court. Repayment or an agreement with a store does not by itself resolve a criminal charge.

Does a theft conviction affect employment?

A theft record can affect employment. A dismissal does not automatically remove an arrest from background reports. Record-relief eligibility depends on the case outcome and the applicable Texas statute; an order of nondisclosure is not the same as expunction.

Can theft charges be expunged in Texas?

Some theft cases may qualify for expunction under Texas Code of Criminal Procedure Chapter 55A. A dismissal or no-bill alone does not establish eligibility. The disposition, applicable statutory route, waiting requirements, and related charges must be reviewed. Expunction and nondisclosure are different remedies.

Practice Areas

Someone robbing house

In Texas, it is considered a serious crime to be charged with theft. If this has happened to you, it is essential to take this charge seriously right from the beginning. An experienced criminal defense attorney in Conroe can help you fight your charges and possibly avoid a lengthy prison time and thousands of dollars in fines, along with other penalties, depending on the nature of your charges. 

At The Napier Law Firm in Conroe, Texas, our professional attorney appreciates how severe theft charges can be. We are always available to help you. Having an accomplished lawyer on your side is critical with these complex criminal cases. 

Theft occurs when someone illegally appropriates someone else’s possessions and property intending to dispossess the owner of said items. A theft crime can have a charge of misdemeanor or felony, depending on the dollar amount of the stolen possession and if a weapon was used during the crime. 

If you have been charged with theft, reach out to a seasoned Conroe theft attorney to help you fight the charges for you. 

Types of Theft Charges in Conroe

A theft charge can encompass a broad array of crimes, but the severity of the charges often relies on the value of the possessions. 

Common theft charges include:

  • Class C misdemeanor: property worth less than $100; fine up to $500.
  • Class B misdemeanor: property worth $100 or more but less than $750; up to 180 days in jail, a fine up to $2,000, or both.
  • Class A misdemeanor: property worth $750 or more but less than $2,500; up to one year in jail, a fine up to $4,000, or both.
  • State jail felony: property worth $2,500 or more but less than $30,000; 180 days to two years in state jail and a possible fine up to $10,000.
  • Third-degree felony: property worth $30,000 or more but less than $150,000; two to ten years in prison and a possible fine up to $10,000.
  • Second-degree felony: property worth $150,000 or more but less than $300,000; two to twenty years in prison and a possible fine up to $10,000.
  • First-degree felony: property worth $300,000 or more; five to 99 years or life in prison and a possible fine up to $10,000.

These are the ordinary value-based theft classifications under §31.03. Special property categories, prior convictions, and other statutory circumstances can change the grade or punishment.

Organized retail theft under §31.16 has separate elements and penalties; the ordinary theft chart does not cover every shoplifting allegation. 

If you are facing any of these charges, we are here to help defend you. 

Whatever type of theft charge you’re facing, we’re here to help you defend your rights.

Frequently Committed Theft Crimes in Conroe

The following are some common theft crimes:

  • Writing bad checks
  • Buying stolen property
  • Shoplifting
  • Burglary
  • Identity theft
  • Embezzlement
  • Firearm theft
  • Forgery
  • Car theft
  • Robbery

Being Charged with Shoplifting

Shoplifting, which is stealing or intending to steal items from a store without paying, is one of the most common forms of theft in Texas. In fact, studies show that one out of every 11 people is caught shoplifting.  

Theft requires unlawful appropriation with intent to deprive the owner. Changing price tags or interfering with security devices may support charges under specific statutes, but intent alone does not establish every element of theft. A lawyer must review the alleged conduct and the statute charged. 

Being charged with shoplifting is a serious matter; it’s critical to get legal help in order to avoid costly fines, penalties, and more. 

Writing Fraudulent Checks 

Also called a hot check, this happens when someone knowingly writes a check for an amount that cannot be withdrawn. If someone writes a check for thousands of dollars to purchase a vehicle, for example, the seller may not know that the account does not have the correct amount for a few days. 

Sometimes this can happen by mistake if you didn’t realize that your account is running low. Prosecutors must show proof of intent to steal. 

These are just a couple common theft crimes that can incur weighty penalties. 

Penalties for Theft Crimes

Punishment for theft charges can be quite severe, ranging from jail or prison time, hefty fines, community service, probation, and restitution. On top of that, a theft crime conviction will show up on your criminal record, which anyone can access. 

Having a criminal record can make it challenging to obtain employment, loans, housing, and education. If you have a professional license, it may be in jeopardy if knowledge of the conviction is known. This can have a severe impact on your life and future.

We Can Help You Fight Your Case

Accused of theft in Conroe? George Napier and Monica Napier at The Napier Law Firm can review the allegation, question the evidence, and help you understand your defense options. Contact the firm to discuss what happens next. 

We are available to fight your theft charges and advocate for your rights. 

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