Protecting Your Rights Across Houston, The Woodlands, Montgomery County, and Fort Bend County
Accused of Stealing, Burglary, Vandalism, or Arson? Act Fast—Your Future Is at Stake
Property crimes cover a range of offenses—theft, burglary, robbery, arson, criminal mischief, and fraud. Charges can range from misdemeanors to serious felonies carrying years in prison, hefty fines, restitution, and lasting criminal records. Having a skilled property crime lawyer on your side can make the difference in your case.
At The Napier Law Firm, we provide aggressive, strategic defense for clients accused of all types of property offenses. Serving Houston, The Woodlands, Montgomery County, and Fort Bend County, we are dedicated to protecting your rights and future.
📞 Call now for a free, confidential consultation.
Types of Property Crimes We Defend
- Theft – From petty shoplifting to large-scale embezzlement and fraud
- Burglary & Criminal Trespass – Entering buildings or vehicles without permission, regardless of theft occurrence
- Robbery & Aggravated Robbery – Theft involving threat or force
- Arson & Criminal Mischief – Intentional property damage or destruction
- Auto Theft / Unauthorized Vehicle Use – Stealing or misusing motor vehicles
- Forgery & Identity Theft – Falsifying documents or assuming someone’s identity for gain
- Retail Theft & Organized Retail Crime – Including use of theft instruments or booster bags
Texas Property Crimes: Overview
Theft
In Texas, theft can take many forms and is classified based on how the crime is committed and the value of the property involved. Offenses range from simple shoplifting to complex retail schemes or embezzlement, with penalties that vary from minor fines to decades in prison.
Under the Texas Penal Code, theft-related crimes are outlined in Chapter 31, with specific provisions applying to unique types of theft. The primary theft statute defines theft as unlawfully appropriating property with the intent to deprive the owner of it. This broad statute includes acts such as:
- Shoplifting
- Theft by false pretense or deception
- Embezzlement
- Extortion
- Possession or concealment of stolen property
- Check fraud or deceptive commercial practices
Penalties are determined primarily by the value of the stolen property.
| Property Value | Offense Classification |
|---|---|
| Less than $100 | Class C Misdemeanor |
| $100 – $749 | Class B Misdemeanor |
| $750 – $2,499 | Class A Misdemeanor |
| $2,500 – $29,999 | State Jail Felony |
| $30,000 – $149,999 | Third-Degree Felony |
| $150,000 – $299,999 | Second-Degree Felony |
| $300,000 or more | First-Degree Felony |
Arson
You may be charged with arson if you intentionally or recklessly start a fire or cause an explosion that results in damage to property, or endangers another person’s life. Even if no one is injured, damaging property by fire can lead to a state jail felony. If the offense results in serious bodily injury or death, the charge escalates to a first-degree felony—punishable by life in prison.
At The Napier Law Firm, we work to explore defenses to arson, which may include accidental ignition, lack of intent, or faulty origin investigation. Our team works with investigators to challenge the state’s evidence.
Criminal Mischief Criminal mischief involves intentionally or knowingly damaging, destroying, tampering with, or defacing someone else’s property without permission. Common examples include breaking windows, damaging vehicles, or interfering with utility lines.
Penalties for criminal mischief are based on the monetary value of the damage and the type of property affected:
- Minor damage under $100 is a Class C misdemeanor
- Damage over $2,500 may rise to felony-level charges
- Damage to public utilities, highways, or schools may carry enhanced penalties
At the Napier Law Firm, we thoroughly assess the alleged damage, property value, and any video or witness evidence to defend your case.
Reckless Damage or DestructionYou can be charged with this offense if you recklessly damage or destroy property without the owner’s consent—even if you had no intent to harm.
Reckless damage is typically charged as a Class C misdemeanor, but any criminal conviction can impact your job, housing, or future. At the Napier Law Firm, our attorneys help resolve these charges discreetly and efficiently, often seeking dismissals or deferred adjudication.
Graffiti
Texas law makes it a crime to knowingly or intentionally apply paint, markers, or engraving tools to someone else’s property without consent. Graffiti may involve words, drawings, or symbols and is charged based on the value of the defaced property and whether it involved:
- Schools or places of worship
- Government buildings
- Repeat or gang-related offenses
Charges range from a Class B misdemeanor to a state jail felony, depending on the damage. At the Napier Law Firm, we fight for reduced charges and alternative resolutions like restitution or community service where possible.
Criminal Trespass
You may be charged with criminal trespass if you enter or remain on someone else’s property without permission, and:
- You were given verbal or written notice (e.g., told to leave or saw a “No Trespassing” sign), or
- You were previously banned from the property
Criminal trespass is usually a Class B misdemeanor, but the charge can increase if the location is a residence, school, or critical infrastructure facility. At the Napier Law Firm, our team reviews the facts to determine whether you had legal authority to be on the premises—or if law enforcement lacked cause to arrest you.
Our Defense Tactics
At The Napier Law Firm, we understand that every case is unique. However, some of the common tactics we use to defend our clients include:
1. No Intent or Mistaken Intent
Many alleged thefts result from honest mistakes—borrowing items you believed you owned, believing you had permission to take them, or misplacing items without realizing. We gather proof such as text records, emails, family patterns, and prior borrowing history to demonstrate lack of intent.
2. Mistaken Identity
Eyewitness misidentification is common. We analyze the reliability of identifications, whether photo arrays were suggestive, and the conditions under which witnesses viewed the suspect.
3. Alibi Defense
If you weren’t present at the time/location of the alleged offense, we collect location data, use surveillance footage, visitor logs, or text timestamps to build a strong alibi.
4. Borrowing or Belief of Ownership
Misunderstandings about property rights—especially within families or informal arrangements—can create reasonable doubt when properly documented through history or financial records.
5. Entrapment or Inducement
Law enforcement may cross legal boundaries when encouraging criminal behavior with undue influence. We challenge undercover operations for overstepping.
6. Challenge Evidence Value
For misdemeanors turning into felonies based on property value, we scrutinize appraisals and receipts, and may challenge inflated valuations or flawed calculations.
7. Illegal Search or Confession
Evidence obtained from warrantless searches or coerced statements may be suppressed, weakening the prosecution’s case.
Our Strategy to Defend Your Case
- Review the Evidence – Examining reports, evidence collection, and chain of custody.
- Value Assessment – Accurate calculation of property value is crucial for classification.
- Challenge Intent/Knowledge – Arguing lack of intent, honest mistake, or ownership belief.
- File Motions – To suppress illegally obtained evidence or statements.
- Negotiate Alternatives – Diversion programs, deferred adjudication, restitution deals.
- Trial Readiness – Scrutinizing eyewitnesses, forensic results, and expert testimony.
Property Crimes FAQs
Q: Can innocent mistakes be a defense?
Yes—if you genuinely believed you were borrowing or returning property, it can negate intent. Incorrect ownership claims must be backed by credible evidence.
Q: What if I was at the location but didn’t take anything?
Alibi and lack-of-possession defenses can still work—surveillance, phone data, or character witnesses may clear your name.
Q: How is value determined?
By fair-market value at the time of the alleged theft. Disputing appraisals or product categories may reduce charges.
Q: What about shoplifting defenses?
Common defenses include lack of intent to permanently steal, error in paying, or believing items were for in-store demo. Surveillance footage is critical here.
Q: Can I challenge traffic stops for auto-theft charges?
Yes—pretextual stops and unjustified search of vehicles are frequent issues. We file motions to suppress any evidence derived from illegal stops.
Why Choose The Napier Law Firm?
- Former Prosecutors, understanding the inside strategies of prosecutors and law enforcement
- Years of Trial Experience, not just plea negotiation
- 24/7 Availability to address arrests or court emergencies
- Focus on Results, including dismissals and sentence reductions
Have you been arrested for a property crime? – Act NOW.
- Call The Napier Law Firm for a free and confidential case review immediately. The sooner we start, the stronger our defense.
- Remain silent—Don’t provide statements to police without counsel
- Preserve evidence— Save receipts, texts, CCTV access, and receipts
- Avoid discussing the case on social media or with others
Time Is Critical—Defend Your Rights Now
Accusations of theft, burglary, or arson can ruin careers, reputations, and livelihood. Swift, experienced defense is essential to protect your future.📞 Contact The Napier Law Firm today for a free, confidential consultation. Serving Houston, The Woodlands, Montgomery, and Fort Bend counties.