If you have been accused of theft in Houston, you are likely feeling anxious about your future and unsure of your options. Texas takes theft crimes seriously, and even a minor charge can result in jail time, heavy fines, and a permanent criminal record. The good news is that being charged with theft does not mean you will face the toughest penalties or that you’ll be charged at all.
At Xavier Law Firm, our Houston theft lawyers defend individuals facing all types of theft and property crime allegations. We understand the local courts, the prosecutors, and the laws that govern these offenses. Our goal is to protect your rights, challenge the prosecution’s evidence, and pursue the best possible outcome. Whether that means reducing your charges, negotiating a dismissal, or securing an acquittal at trial.
Common Theft Charges in Texas
Theft crimes in Texas cover a wide range of conduct, from shoplifting to complex financial offenses. Regardless of the type of accusation, every theft charge requires proof that the accused unlawfully took or was in possession of property belonging to another person with the intent to deprive the owner of it.
At Xavier Law Firm, we defend clients against all levels of theft offenses, from misdemeanors to serious felony cases.
Types of Theft Crimes We Defend
Our Houston theft attorneys regularly represent clients charged with:
- Petty theft (Class C or B misdemeanor theft) involving low-value property, often from retail stores or workplaces
- Shoplifting and retail theft, including false accusations from loss prevention officers or surveillance errors
- Theft by check, when prosecutors allege you wrote a check knowing there were insufficient funds
- Auto theft and unauthorized use of a vehicle
- Theft of services, such as allegations involving unpaid work, utilities, or lodging
- Burglary and robbery, which involve entering property or using force during theft
- Embezzlement, when funds are taken from an employer or business relationship
- Identity theft or credit card fraud, which may be charged as theft under Texas law
- Possession of stolen property, even when you did not commit the original theft
Each case is unique, and our attorneys carefully analyze the facts and evidence to develop a strategy that fits your circumstances.
Theft Laws in Texas Explained
Under Texas Penal Code Section 31.03, theft occurs when a person unlawfully appropriates property with intent to deprive the owner of it. “Appropriation” means acquiring or exercising control over someone else’s property without consent or through deception.
The law also establishes different categories of theft depending on the value and nature of the property involved. These categories determine the severity of the charge and potential penalties.
For example:
- Theft of property valued under $100 is a Class C misdemeanor
- Theft between $100 and $750 is a Class B misdemeanor
- Theft between $750 and $2,500 is a Class A misdemeanor
- Theft between $2,500 and $30,000 becomes a state jail felony
- Theft between $30,000 and $150,000 is a third-degree felony
- Theft between $150,000 and $300,000 is a second-degree felony
- Theft over $300,000 is a first-degree felony
In addition, the penalties can increase if the alleged theft involves certain property, such as firearms, livestock, or controlled substances, or if the accused is a public servant or government contractor.
Understanding the exact classification of your case is the first step in creating an effective defense. Our attorneys can review the evidence against you, determine the applicable penalties, and identify opportunities to challenge the charge. Every case is unique in its circumstances and the way it needs to be approached, and our attorneys understand what it takes to craft a truly unique and compelling defense.
Penalties for Theft in Houston
The consequences of a theft conviction depend on the value of the property, prior criminal history, and the circumstances of the alleged offense. In addition to fines and jail time, a theft conviction can have long-term effects on employment, licensing, and reputation.
Typical penalties include:
- Class C misdemeanor theft: Fine up to $500
- Class B misdemeanor theft: Up to 180 days in jail and a fine up to $2,000
- Class A misdemeanor theft: Up to one year in jail and a fine up to $4,000
- State jail felony theft: 180 days to 2 years in state jail and a fine up to $10,000
- Third-degree felony theft: 2 to 10 years in prison and a fine up to $10,000
- Second-degree felony theft: 2 to 20 years in prison and a fine up to $10,000
- First-degree felony theft: 5 to 99 years or life in prison and a fine up to $10,000
Even if you avoid jail, the presence of a theft conviction on your record can make it difficult to find work, rent housing, or qualify for loans. That is why hiring our skilled Houston theft lawyers as soon as possible is essential. By neglecting to pursue a strong legal team, you leave yourself more vulnerable to damaging and long-lasting penalties.
What to Do After Being Charged with Theft
If you have been arrested or are under investigation for theft, the actions you take next can greatly affect your case. Following these steps can help protect your rights and your defense:
- Do not discuss your case with police, store security, or anyone else until you have legal counsel. Anything you say can be used against you.
- Document everything you remember, including where you were, who was with you, and what happened before, during, and after the alleged incident.
- Gather receipts or records that could show ownership, permission, or mistaken identity.
- Contact an experienced theft lawyer immediately to review your case and begin building a defense.
The sooner Xavier Law Firm becomes involved, the more opportunities there are to challenge evidence, negotiate with prosecutors, and seek dismissal or reduction of the charges.
The Process of a Theft Case
A typical theft case in Houston follows several stages. After arrest, you will attend an arraignment where the charges are formally presented. Bail may be set at this stage.
Next comes the discovery process, during which your attorney reviews the prosecution’s evidence, such as surveillance footage, witness statements, and police reports. In many cases, flaws in this evidence can be used to negotiate a dismissal or reduced charge before trial.
If the case proceeds, your attorney may file motions to suppress evidence, challenge witness credibility, or argue that law enforcement violated your rights. Many theft cases are resolved through plea agreements, diversion programs, or deferred adjudication that prevent a conviction from appearing on your record.
Our goal is to resolve your case at the earliest opportunity while ensuring your rights remain fully protected.
How Our Houston Theft Attorneys Build Your Case
At Xavier Law Firm, we take a strategic, detail-oriented approach to defending theft cases. We start by listening to your side of the story, reviewing all available evidence, and identifying the weaknesses in the prosecution’s claims.
We understand that many theft allegations result from misunderstandings, false accusations, or insufficient evidence. Our team works to uncover inconsistencies, procedural errors, and violations of your constitutional rights that could result in a reduction or dismissal of charges.
Defenses Our Houston Theft Lawyers Use
The law exists not only to penalize those who violate it but also to ensure that every defendant is treated fairly. We’re here to protect your right to a fair trial. If prosecutors or law enforcement fail to uphold that right, it can significantly weaken their case against you. Depending on the circumstances, our attorneys may use one or more of the following defenses:
- Lack of intent: Showing you did not intend to permanently deprive the owner of property
- Mistaken identity: Proving you were wrongly identified as the suspect
- Rightful ownership: Demonstrating you had permission or a claim to the property
- Insufficient evidence: Arguing that the prosecution cannot prove every element of theft beyond a reasonable doubt
- Coercion or duress: Establishing that you acted under threat or pressure
- Illegal search and seizure: Suppressing evidence obtained without a valid warrant or probable cause
Every case is unique, and our defense strategies are tailored to the facts and available evidence.
Do You Need a Lawyer for a Theft Crime?
Even minor theft charges can have serious consequences. Without representation, you risk saying something that could harm your case or missing opportunities for diversion or dismissal.
A knowledgeable criminal defense lawyer can evaluate the charges, negotiate with prosecutors, and guide you through the process. In some situations, your attorney can help you qualify for pretrial diversion or deferred adjudication programs that prevent a conviction.
Working with Xavier Law Firm ensures that you have an advocate protecting your rights, presenting your side of the story, and pursuing every possible legal advantage.
Why Choose Our Houston Theft Lawyers
Choosing the best theft lawyer in Texas can make the difference between conviction and dismissal. Xavier Law Firm provides experienced, aggressive defense for clients charged with theft crimes across the Houston area.
When you hire our firm, you receive:
- Representation from attorneys who know Texas theft laws and local court procedures
- Personalized attention and honest case assessments
- Strong negotiation and trial skills backed by years of criminal defense experience
- A commitment to achieving the best possible results in every case
- Clear communication and support throughout the process
Our mission is to protect your freedom, your record, and your future. Whether you are accused of shoplifting, embezzlement, or felony theft, we are ready to stand up for your rights.
If you have been charged with theft in Houston, contact Xavier Law Firm today. Our attorneys will review your case, explain your options, and start building your defense immediately.
Everyone deserves compassionate legal care that will truly advocate for them, and at Xavier Law Firm, you will find a defense-focused legal team who make sure your rights are protected and observed.
Contact us today at (281) 296-3741 to schedule your free, confidential consultation.
