
Being accused of a theft crime in Texas is a serious matter. Whether you’re facing misdemeanor or felony charges, the potential consequences include jail time, steep fines, a permanent criminal record, and even civil penalties. At Salinas Defense, we understand what’s at stake, and we are prepared to fight for your rights. If you’ve been arrested or believe you’re under investigation for a theft-related offense in Southeast Texas, don’t wait. Contact us today at 832 202-8409 for a free, confidential consultation with a skilled Houston theft defense attorney.
Under Texas Penal Code § 31.03(b), theft involves unlawfully appropriating property with the intent to deprive the owner, and it becomes criminal when:
Regardless of the specific charge, every theft case is serious and should be handled by an experienced defense attorney.
In addition to criminal charges, the Texas Theft Liability Act (TTLA) allows victims of theft to sue for damages. According to Texas Civil Practice and Remedies Code § 134, those found liable for theft may owe:
These civil liabilities can impact your financial future long after the criminal case is resolved.
At Salinas Defense, we know how to challenge theft charges. We will investigate every aspect of your case, protect your constitutional rights, and work to get your charges reduced or dismissed. We serve clients across Harris County and surrounding communities, including Pasadena, Pearland, Friendswood, Seabrook, League City, Deer Park, and Baytown.
Call us today at 832 202-8409 or fill out our online contact form to schedule your free consultation with a dedicated theft crimes defense lawyer.
By the value of what was taken. Under $100 is a Class C misdemeanor, a fine only. $100 to $750 is Class B, $750 to $2,500 is Class A, and $2,500 to $30,000 is a state jail felony. The felony ladder continues up to a first-degree felony at $300,000 and above. Value is what the State says it is until challenged, and the difference between $740 and $760 is the difference between a Class B and Class A misdemeanor, so the number is worth fighting over.
Yes. Texas has no separate shoplifting statute; taking merchandise from a store is theft, graded by value the same as any other theft. Stores can also pursue a civil demand for damages separately from the criminal case, and paying it does not resolve the criminal charge. Loss prevention officers are not police, and their detention of you, their questioning and any statement you signed are all worth examining.
Yes. Theft under $2,500 becomes a state jail felony if you have two prior theft convictions, regardless of how small any of the three thefts were. A theft that would be a Class C misdemeanor on its own can be charged as a felony on that basis. The prior convictions have to be properly proven, and whether an earlier deferred adjudication counts as a conviction for this purpose is a frequent point of dispute.
Theft requires an intent to deprive the owner of the property permanently or for so long that a major part of its value is lost. Intending to return it can be a defense, particularly in disputes between people who know each other, in rental and lease disputes, and in cases involving borrowed property. The circumstances of the taking, any communications about it, and what you did with the property are the evidence on that question.
Because it involves dishonesty, and courts treat it as reflecting on character in ways that other offenses do not. A theft conviction, even a Class B misdemeanor, can be used to impeach your credibility as a witness in any later case, can bar you from professional licenses, and is a ground of deportability for non-citizens. That is why a theft plea often costs more than the immediate sentence suggests, and why the outcome negotiated matters.
For first-time misdemeanor theft, the Harris County District Attorney has offered pretrial diversion and, for some retail theft cases, a program that results in dismissal after a class and restitution. Eligibility depends on the amount, your record and the prosecutor. A dismissal through diversion can be expunged; a conviction cannot. Asking for diversion early, before the case is set for trial, usually produces the best result.
Both are theft offenses with their own rules. Theft of service covers not paying for services received, including leaving a restaurant or hotel without paying, and Texas presumes intent in some circumstances such as ignoring a written demand. Theft by check covers writing a check knowing it will not clear, and the amount graded is the check amount. Both are graded by value like other thefts and can be resolved through restitution in many cases.
A dismissal or acquittal can be expunged. Completing deferred adjudication makes you eligible for an order of nondisclosure that seals the record from most private background checks, though certain agencies and licensing boards can still see it. A theft conviction with jail or probation cannot be expunged. Because theft carries the moral turpitude label, keeping it off your record is worth more than with most misdemeanors.
At Salinas Defense, your consultation request is confidential, and our team is here to help you take the next step with clarity and confidence.

If you’ve been charged with a crime, you need a skilled and aggressive legal team on your side. Salinas Defense is ready to fight for your rights and protect your future.

Don’t let your past dictate your future. Whether you need to expunge a prior arrest or clear your record for employment, Salinas Defense provides the straightforward guidance needed to navigate the Texas legal system. We fight to ensure a single mistake doesn’t define the rest of your life.
