Theft defense in Texas

Value thresholds

• Under $100: Class C misdemeanor
• $100 to under $750: Class B misdemeanor
• $750 to under $2,500: Class A misdemeanor
• $2,500 to under $30,000: state jail felony
• $30,000 to under $150,000: third-degree felony
• $150,000 to under $300,000: second-degree felony
• $300,000 or more: first-degree felony

Why a theft record matters

Theft is treated as a crime of dishonesty, which can affect jobs and professional licenses. Pretrial diversion, dismissal or deferred adjudication can make a later expunction or nondisclosure possible.

How is value decided?

Value is generally the fair market value of the property at the time and place of the offense, or, if that cannot be determined, the cost to replace it within a reasonable time (Penal Code 31.08). Retail price tags, receipts and appraisals are common evidence, and value disputes can move a case across a threshold.

Can several thefts be added together?

Yes. When amounts are obtained under one scheme or continuing course of conduct, they can be aggregated to determine the level of the offense (Penal Code 31.09). That is how a series of small thefts from an employer can become a felony.

How do prior convictions affect theft?

Prior theft convictions can raise the level. For example, a theft of property valued under $2,500 becomes a state jail felony if the person has two or more prior theft convictions (Penal Code 31.03(e)(4)). A state jail felony carries 180 days to 2 years and a fine up to $10,000 (12.35).

What is organized retail theft?

Penal Code 31.16 makes it a separate offense to intentionally conduct, promote or facilitate an activity in which a person receives, possesses, conceals, stores, barters, sells or disposes of stolen retail merchandise, with levels based on value.

How are theft cases defended?

• Intent: the State must prove intent to deprive the owner at the time of the taking. Mistakes, misunderstandings and disputes over ownership matter.
• Consent: whether the owner consented, and whether consent was obtained by deception.
• Value: whether the value supports the charged level.
• Identity and video: store video quality and witness identifications.

What about a civil demand letter from a store?

Retailers sometimes send a civil demand letter asking for payment under the Texas Theft Liability Act. That is a civil matter, separate from the criminal case, and paying it does not by itself end the criminal charge. Talk to a lawyer before responding.

What outcomes are possible?

Dismissal, pretrial diversion where available, deferred adjudication, a reduced charge, probation or trial. Because theft is treated as a crime of dishonesty, outcomes that allow expunction or nondisclosure are especially valuable.

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I do now?

• Do not contact the store, employer or alleged victim about the case.
• Do not pay a civil demand or sign anything before talking to a lawyer.
• Save receipts, bank records and messages that show ownership or permission.
• Write down what happened while you remember it.

Where are these cases heard in Dallas County?

People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both. For eligible adult first-time felony cases, the DA's general pretrial diversion program may be an option if the referral is made before indictment or within 120 days after it.

What is a civil demand letter?

After a shoplifting arrest, a retailer may send a letter demanding money under the Texas Theft Liability Act (Civil Practice and Remedies Code chapter 134). That claim is civil and separate from the criminal case. Paying it does not dismiss the criminal charge, and not paying it is not a crime. Show the letter to your lawyer.

Can the level go up because of who owned the property?

Yes. Under Penal Code 31.03(f), a theft is raised to the next higher category if, for example, the owner was an elderly individual or a nonprofit organization at the time of the offense, or the accused was a public servant or government contractor and got the property through that position. It is also raised if, during the theft, the person caused a fire exit alarm to sound or deactivated or prevented a fire exit alarm or retail theft detector from sounding. A $1,000 shoplifting case, normally a Class A misdemeanor, can become a state jail felony on one of these allegations.

Can a theft case be expunged?

A theft that ends in a dismissal, a no-bill or an acquittal may qualify for expunction under Code of Criminal Procedure chapter 55A, often after a waiting period: 180 days for a Class C, 1 year for a Class A or B, and 3 years for a felony arrest if no charge was filed (55A.052). A conviction cannot be expunged. A completed deferred adjudication may allow nondisclosure for some theft cases under Government Code 411.0725.

Why does a theft record matter so much?

Theft is often treated as an offense involving dishonesty, which employers, landlords and licensing boards may consider. That is one reason the outcome, not just the punishment, deserves careful attention.

Free consultation

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or, in Spanish, (214) 880-6293. Phones and chat are answered 24/7, with AI covering when no staff is free.