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.

Texas Theft Defense Lawyer | The Napier Law Firm

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 intent to deprive the owner (see statute: Texas Penal Code Chapter 31). Appropriation is unlawful when it is without effective consent, when the actor appropriates property knowing it was stolen by another, or in the specified law-enforcement sting situation: an agent explicitly represents the property as stolen and the actor appropriates it believing it was stolen by another.

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 — Current §31.16 reaches specified conduct, including theft committed with another person and theft from a merchant on two or more occasions within 180 days. It has its own value bands; $750 or more but less than $2,500 is a state jail felony. The 2025 amendment applies only when all elements occurred on or after September 1, 2025. Earlier conduct requires review under the former law.
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 to deprive — The State must prove the required intent. “Deprive” is not limited to keeping property forever; Texas law also covers withholding it long enough to deprive the owner of a major portion of its value or enjoyment, demanding compensation for its return, or disposing of it so recovery is unlikely.
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.

Thief crouching and stealing some packages

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: Expunctions). Certain successfully completed deferred-adjudication cases may qualify for an Order of Nondisclosure (see: Nondisclosure). We will advise you on eligibility and timing.

Related Practice Areas

Burglary Defense – Burglary defense
Assault Defense – Assault defense
DWI Defense – https://www.thenapierlawfirm.com/dwi/
Drug Crimes – Houston 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

A theft charge deserves a defense built around the evidence, not assumptions. Talk with George Napier and Monica Napier at The Napier Law Firm about the charge, the State’s evidence, and the options available in your case. Request a free consultation.

📞 Contact: https://www.thenapierlawfirm.com/free-consultation/

Theft Lawyer in Texas