A theft allegation can derail your career, damage your reputation, and put your freedom at risk. At the Napier Law Firm, Attorneys George Napier and Monica Cooper Napier defend clients charged with shoplifting, employee theft, embezzlement, credit card abuse, identity theft, organized retail theft, auto theft, and more throughout Harris County, Montgomery County, Fort Bend County, Galveston County, and the greater Houston area. We move quickly to protect your rights, challenge the State’s evidence, and pursue dismissals, reductions, or alternatives to conviction wherever possible.
What Counts as Theft in Texas?
Texas Penal Code §31.03 defines theft as unlawfully appropriating property with the intent to deprive the owner of it (see statute: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.31.htm). Appropriation is unlawful if it is without the owner’s effective consent, if the property is stolen and the actor knows it is stolen, or if the property is in the custody of law enforcement and the actor obtains it by deception.
Related statutes
- §31.07 – Unauthorized Use of a Vehicle
- §31.16 – Organized Retail Theft
- §32.31 – Credit or Debit Card Abuse
Texas Theft Charge Levels & Penalties
Texas classifies theft by the value of the property or services involved:
Misdemeanors
- Class C Misdemeanor – Under $100; fine up to $500.
- Class B Misdemeanor – $100 to $749; up to 180 days in jail and $2,000 fine.
- Class A Misdemeanor – $750 to $2,499; up to 1 year in jail and $4,000 fine.
Felonies
- State Jail Felony – $2,500–$29,999; 180 days–2 years, $10,000 fine
- Third-Degree Felony– $30,000–$149,999; 2–10 years, $10,000 fine
- Second-Degree Felony– $150,000–$299,999; 2–20 years, $10,000 fine
- First-Degree Felony– $300,000+; 5–99 years, $10,000 fine
Enhancements
- Victim is elderly or nonprofit
- Electronic anti-theft devices
- Prior theft convictions
- Aggregated losses across multiple incidents
Common Theft & Property Offenses We Defend
- Shoplifting and retail theft (including self-checkout and return fraud).
- Organized Retail Theft – §31.16, including aggregation across events and use of boosters or fencing operations.
- Employee theft and embezzlement (misapplication of fiduciary property).
- Credit/Debit Card Abuse – §32.31 and identity theft/impersonation cases.
- Receiving or possessing stolen property, theft by deception, and theft of services.
- Unauthorized Use of a Vehicle – §31.07 and auto theft investigations.
- Robbery and burglary-related theft (charged separately with additional elements).
Collateral Consequences of a Theft Conviction
Beyond criminal penalties, a theft conviction can permanently affect employment, state licensing, immigration status, housing, and professional reputations. Certain theft offenses are considered crimes of moral turpitude, which can have serious immigration and licensing implications.
Courts may also order restitution, community service, or probation. Retailers sometimes send civil demand letters seeking civil penalties—we can advise you on how to handle these claims.
Defense Strategies in Texas Theft Cases
Every case turns on the facts. We tailor a defense strategy to your goals and the evidence, including:
- Lack of Intent – No intent to permanently deprive (mistake, misunderstanding, or claim of right).
- Ownership/Consent – Disputing ownership or showing effective consent by a person with authority.
- Identity Challenges – Unreliable eyewitness ID or unclear video; chain-of-custody issues.
- Valuation Disputes – Challenging alleged value, aggregation, or loss-prevention calculations.
- Illegal Search/Seizure – Suppressing evidence from unlawful stops, detentions, or searches.
- Technical & Procedural Errors – Inventory irregularities, lab/forensic issues, missing elements of the offense.
When appropriate, we explore pretrial diversion, specialty courts, deferred adjudication, or reduced charges that may protect your record.
Can You Clear a Theft Case from Your Record?
Depending on the outcome, you may qualify to clear or seal your record. Dismissed or acquitted cases may be eligible for expunction (see: https://www.thenapierlawfirm.com/expunctions). Certain successfully completed deferred-adjudication cases may qualify for an Order of Nondisclosure (see: https://www.thenapierlawfirm.com/nondisclosure). We will advise you on eligibility and timing.
Related Practice Areas
- Burglary Defense – https://www.thenapierlawfirm.com/burglary-defense
- Assault Defense – https://www.thenapierlawfirm.com/assault-defense
- DWI Defense – https://www.thenapierlawfirm.com/dwi-defense
- Drug Crimes – https://www.thenapierlawfirm.com/drug-crimes
Texas Theft Defense FAQs
Q: Will I go to jail on a first-time shoplifting case?
A: Outcomes vary by facts and county policy. For eligible first-time offenders, diversion or deferred options may avoid a conviction.
Q: Do I have to talk to store security or the police?
A: You have the right to remain silent and to request an attorney. Statements can be used against you; call us before answering questions.
Q: How is value proven?
A: The State must prove value beyond a reasonable doubt—often through retail price, invoices, or expert testimony. We frequently contest valuation.
Q: Can multiple small thefts be combined into a felony?
A: Yes, if alleged as one scheme or continuing course of conduct, amounts may be aggregated. We challenge improper aggregation.
Q: Will an employer see a dismissed theft case?
A: Dismissed cases may still appear until expunged or sealed; ask us about clearing your record.
Why Hire The Napier Law Firm?
- Local knowledge of Harris County, Montgomery County, Fort Bend County, Galveston County, and the greater Houston area courts and prosecutors.
- Aggressive motion practice and evidence challenges.
- Strategic negotiations aimed at dismissals, reductions, or alternatives to conviction.
- Clear communication so you always know your options and next steps.
Talk to a Texas Theft Lawyer Today
If you’ve been arrested or accused of theft in Houston, Harris County, Montgomery County, Fort Bend County, or Galveston County, call The Napier Law Firm for a free consultation. We’ll review your case, explain your defenses, and start protecting your record today.
📞 Contact: https://www.thenapierlawfirm.com/contact