Theft covers a lot of ground. It can mean a shoplifting accusation at a big-box store, a dispute with an employer, or a claim about money in a business deal. A theft conviction can follow you for years, because employers and landlords often see it as a sign of dishonesty.
I have seen theft cases from every seat in the courtroom: as a defense lawyer, a judge, and a prosecutor. I know these cases often come down to details, such as what the video really shows and how the value was counted.
What you’re facing
Under Texas Penal Code §31.03, theft means taking property without the owner’s effective consent, with the intent to deprive the owner of it. The words “intent to deprive” matter. A mistake or a misunderstanding is not the same as theft.
The level of a theft charge depends mostly on the value of the property:
- Lower-value theft is a misdemeanor, ranging from a Class C misdemeanor (fine only) up to a Class A misdemeanor (up to one year in jail and a fine).
- Higher-value theft is a felony, ranging from a state jail felony up to a first-degree felony.
Other facts can raise the level no matter the value. These include prior theft convictions and certain types of property, such as a firearm or property taken directly from a person. Because value can decide whether a case is a misdemeanor or a felony, how the State counts the value is often worth a close look.
Common situations
- Shoplifting, including self-checkout mistakes and claims that items were concealed.
- Employee theft, often involving cash handling, inventory, or company accounts.
- Disputes over ownership, where two people both believe the property is theirs.
What to do now
- Do not contact the store, employer, or person who reported the theft to explain or apologize. What you say can be used as evidence.
- Do not sign statements for loss-prevention staff or investigators without talking to a lawyer.
- Keep records: receipts, bank statements, texts, emails, and anything showing ownership or permission.
- Write down what happened while it is fresh.
- Call me before your first court date.
How I can help
In a theft case, I generally look at:
- Whether the State can prove you intended to take the property, not just that something went missing.
- What store video, receipts, and inventory records actually show.
- How the value was calculated, and whether it was inflated.
- How any statements were taken, especially by loss-prevention staff.
- Whether options other than a conviction may be available, given your history and the facts.
I will explain the evidence and your options clearly. Then you decide how to move forward.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
I paid the store back. Does that end the case? Not automatically. The State decides whether to prosecute. Repayment may matter in how a case is resolved, but talk to me before you offer or make any payment.
A store sent me a letter demanding money. Is that the same as a criminal case? No. A demand letter from a store is separate from a criminal charge. Talk with a lawyer before you respond to either.
Is shoplifting always a misdemeanor? No. It depends mainly on the value of the items and any prior theft convictions.
Can a theft charge affect my job? It can. Many employers and licensing agencies treat theft as a crime of dishonesty. That is one reason to take even a low-level charge seriously.
Talk with me about your case
Call me at (346) 366-7566 for a free consultation. You can also email kyle@vancedefense.com.