Texas Theft Defense Lawyers

Texas Theft Penalty Structure — Current Law (Post-HB 1396, Effective January 1, 2016)

Texas Penal Code §31.03 defines theft and establishes the value-based penalty ladder. The following thresholds have been in effect since January 1, 2016:

• Less than $100: Class C misdemeanor — fine only, up to $500. No jail time.

• $100 to less than $750: Class B misdemeanor — up to 180 days in county jail, fine up to $2,000.

• $750 to less than $2,500: Class A misdemeanor — up to 1 year in county jail, fine up to $4,000.

• $2,500 to less than $30,000: State jail felony — 180 days to 2 years in state jail, fine up to $10,000.

• $30,000 to less than $150,000: Third-degree felony — 2 to 10 years in TDCJ, fine up to $10,000.

• $150,000 to less than $300,000: Second-degree felony — 2 to 20 years in TDCJ, fine up to $10,000.

• $300,000 or more: First-degree felony — 5 to 99 years or life in TDCJ, fine up to $10,000.

Enhancements that can elevate the charge level regardless of value: theft from a person 65 years of age or older is enhanced one penalty level. Theft by a public servant from assets under their custody is also enhanced. Prior theft convictions can be aggregated with the current charge to reach a higher value threshold.

What Theft Means Under Texas Law

Texas Penal Code §31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of the property. Three elements must all be proved beyond a reasonable doubt: the appropriation occurred; it was unlawful; and the defendant intended to deprive the owner of the property.

Shoplifting. Taking merchandise from a retail establishment without paying. The intent element is the critical factual dispute in most shoplifting cases: whether the failure to pay was intentional or a mistake. Surveillance video, concealment evidence, and the circumstances of the exit from the store all bear on this question.

Theft by check. Issuing a check with insufficient funds, knowing the account lacks the funds to cover it. Texas law gives the drawer 10 days after receiving notice from the payee to make good on the check before the intent element is presumed. A defendant who made good within the 10-day period has a complete defense to the intent element.

Theft of services. Obtaining a service (labor, professional services, utilities) with intent to avoid payment.

Receiving stolen property. Under §31.03, receiving or acquiring property knowing it was stolen is itself a theft offense. The knowledge element is the defense focus: the prosecution must prove the defendant knew the property was stolen, not merely that they should have known.

Organized retail theft. Texas Penal Code §31.16 creates a separate organized retail theft offense for coordinated theft from retail establishments. The value of merchandise stolen in multiple incidents can be aggregated, and participants can be held responsible for the aggregate value.

Defense Strategies in Theft Cases

The intent element. Theft requires proof that the defendant intended to deprive the owner of the property. Mistake (genuinely forgetting to pay, accidentally walking out with merchandise, or misunderstanding the terms of a transaction) negates the intent element. A defendant who had a good-faith belief that they had a right to the property may have a claim of right defense. These defenses are not admissions of bad judgment; they are genuine legal arguments that the prosecution must disprove beyond a reasonable doubt.

The value evidence. The prosecution must prove the value of the property meets the threshold for the charged offense beyond a reasonable doubt. “Value” under Texas law is the fair market value at the time and place of the offense and not necessarily the retail price. For damaged or used goods, the replacement value may be lower than what the prosecution claims. The value calculation is a factual issue subject to challenge.

Consent and authorization. Appropriation is not unlawful if the owner actually consented or if the defendant reasonably believed the owner had consented. In employee theft cases involving ambiguous authorization, the consent and authorization defense is frequently raised.

Digital and surveillance evidence. Theft cases increasingly involve surveillance footage, transaction records, and access logs. This evidence must be properly authenticated and provided in complete, unedited form. Douglas Huff’s digital forensics training covers the authentication, chain of custody, and technical evaluation of digital evidence at the data level.

Article 38.23. Texas’s exclusionary rule carries no good faith exception. In theft cases involving warrantless searches of vehicles, bags, or persons, evidence obtained through an unlawful search is suppressible. Without the physical evidence of the allegedly stolen property, the prosecution frequently cannot prove its case.

Deferred Adjudication: Available for Theft

Deferred adjudication community supervision is available for most theft offenses. A defendant who successfully completes the conditions of deferred adjudication (typically a supervision period, fines, and restitution) receives a dismissal rather than a final conviction. The charge then becomes eligible for non-disclosure (sealing) in most circumstances. For first-time defendants, deferred adjudication is often the most important tool in minimizing the long-term consequences of a theft charge.

Why Deandra Grant Law

• 30+ years of criminal defense in North and Central Texas. 500+ trials to verdict.

• Article 38.23 — no good faith exception. Every theft case begins with the lawfulness of the search or seizure that produced the evidence.

• Digital forensics training — Douglas Huff. Surveillance footage, digital transaction records, and access logs evaluated at the technical level.

• 17 published law books. Including A First Offender’s Guide to Texas Criminal Courts

• Texas Super Lawyer since 2011. AV® Preeminent rated by Martindale-Hubbell®.

• Offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall.

If you are facing theft charges in Texas, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.